MARKET

Terms of Service

By signing up for, or using Swiftbay Online Marketplace (hereinafter referred to as Swiftbay or The Business) services you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by Swiftbay under the Terms of Service include various products and services to help you buy or sell goods and services, whether online, or in person, or both.

You can review the current version of the Terms of Service at any time at our terms of service page. Swiftbay reserves the right to update and change the Terms of Service by posting updates and changes to our website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Violation of any of the terms below may result in the termination of your account.

Account Terms
  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. You are responsible for maintaining the security of your account and password. The Business cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
  3. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
  4. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
  5. To access and use the paid store Services or complete an order on the Swiftbay marketplace, you must register for a Swiftbay account by providing your full legal name, a valid email address, and any other information indicated as required. We may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion
  6. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
  7. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  8. You acknowledge that Swiftbay will use the email address you provide as the primary method for communication.
  9. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.
  10. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Swiftbay will result in an immediate termination of your services.
API Terms

Customers may access their Service data via the Application Program Interface ("API"). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that the Business shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Business, in its sole discretion, will determine abuse or excessive usage of the API. The Business will make a reasonable attempt via email to warn the account owner prior to suspension.
Payment, Refunds, Upgrading and Downgrading Terms
  1. The Store Service is offered with a free trial for 30 days. If you need more than 30 days, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
  2. For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
  3. Downgrading your Service may cause the loss of features or capacity of your account. The Business does not accept any liability for such loss.
  4. We do not process refunds for Subscription Payments
Cancellation and Termination
  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Billing link in the side navigation bar on the left of the screen. The Billing screen provides a simple no-questions-asked cancellation button.
  2. All of your store content will be inaccessible from the Service immediately upon cancellation. Within 90 days, all content will be permanently deleted from backups and logs. This information cannot be recovered once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any refund of unused time in the last billing cycle.
  4. The Business, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Business reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
  1. The Business reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Business web site or the Service itself.
  3. The Business shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
  1. All content posted on the Service must comply with the relevant copyright law.
  2. We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
  3. The Business does not pre-screen content, but reserves the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
  4. The look and feel of the Service is copyright of Swiftbay. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Business.
Transactions Between Buyers and Sellers
  1. Through the Site, Swiftbay provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. We also provide electronic web-based transaction platforms for Members to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site. For any of these Services, Swiftbay does not represent either the seller or the buyer in specific transactions. We do not control and are not held liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
  2. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Because user verification on the Internet is difficult, Swiftbay cannot and does not confirm each User's purported identity (including, without limitation, paying Sellers). We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
  3. Each User acknowledges that they are fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site, and that they are wholly assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Swiftbay shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
  4. Users are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Site including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
  5. User agrees to provide all information and materials as may be reasonably required by Swiftbay in connection with your transactions conducted on, through or as a result of use of the Site. We have the right to suspend or terminate any User’s account if the User fails to provide the required information and materials.
  6. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Swiftbay (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
General Conditions
  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is only provided to paying Account holders and is only available via email.
  3. You understand that the Business uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  4. You must not modify, adapt or hack the Service.
  5. You must not modify another website so as to falsely imply that it is associated with the Service or the Business.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Business.
  7. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms of Service.
  8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Swiftbay employee or officer will result in immediate account termination.
  9. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve
    1. Transmissions over various networks; and
    2. Changes to conform and adapt to technical requirements of connecting networks or devices.
  10. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  11. The Business does not warrant that
    1. the service will meet your specific requirements,
    2. the service will be uninterrupted, timely, secure, or error-free,
    3. the results that may be obtained from the use of the service will be accurate or reliable,
    4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
    5. any errors in the Service will be corrected.
  12. You expressly understand and agree that the Business shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Business has been advised of the possibility of such damages), resulting from:
    1. the use or the inability to use the service;
    2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
    3. unauthorized access to or alteration of your transmissions or data;
    4. statements or conduct of any third party on the service;
    5. or any other matter relating to the service.
  13. The failure of the Business to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Business and govern your use of the Service, superceding any prior agreements between you and the Business (including, but not limited to, any prior versions of the Terms of Service).
  14. Questions about the Terms of Service should be sent to info@swiftbay.co.ke

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.