Hotsoko Term Conditions

HOTSOKO TERMS AND CONDITIONS (T&C)

1. INTRODUCTION & ACCEPTANCE

  1. HOTSOKO ENTERPRISE (herein referred to as HOTSOKO) is a registered business situated in Kenya and governed by the Kenya law. Hotsoko offers online shopping services to facilitate buying and selling of consumer products between businesses and customers (B2C) through its official website https://www.hotsoko.com and Mobile Applications (herein collectively referred as the Platform).
  2. By using the platform, the user (herein referred as “you” or “your”) agree to comply with these terms and conditions (T&C). When using only a specific portion of the services offered on the platform, you agree to comply with the specific T&C of those specific services as may be updated from time to time. Hence, you agree that HOTSOKO reserves the right to update these T&C as it may deem appropriate from time to time its sole discretion. Upon update, you will have the opportunity to accept or decline the updated T&C. By declining the updated T&C, you will automatically revoke your usage of the platform.
  3. You understand and agree that you are sole responsible for reviewing these T&C from time to time so as to ensure that you remain compliant with these terms.
  4. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with HOTSOKO. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall prevail.

2. USING THE PLATFORM AND ITS SERVICES

  1. HOTSOKO is a fair trade e-commerce platform for people and businesses to use for seamless exchange and selling of goods and products”. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the platform. 
  2. Although you may be able to conduct payment and other transactions through the platform using third-party payment service providers, HOTSOKO is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that HOTSOKO is not a party to such transactions, has no control over any element of such transactions, and shall have no liability towards any party in connection with such transactions. You use the Service and the Website at your sole risk and responsibility.
  3. You understand that HOTSOKO is NOT responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails or chats or other means of electronic communication, whether through the platform or another Third Party Website or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the platform, and that by using the platform and its services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. 
  4. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will HOTSOKO be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the platform.
  5. You acknowledge and agree that HOTSOKO is not obliged to pre-screen or approve any Content, but that HOTSOKO has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to HOTSOKO’s knowledge or for any other reason or no reason at all.
  6.  You acknowledge and agree that the platform may contain links to "Third Party Websites", which are completely unrelated to HOTSOKO. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. As such, HOTSOKO makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Websites, and your linking to any other websites is completely at your own risk and HOTSOKO disclaims all liability thereto.
  7. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the platform and the consequences of posting, transmitting, linking or publishing it.
  8. You are solely responsible for all Content that you upload, email or otherwise make available via the platform. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:

(i)                 you own or have and shall continue to, for such time the Content is available on the platform, have the necessary licenses, rights, consents, and permissions to use such Content on the platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize HOTSOKO to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and

(ii)                You have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms. 

(iii)             You retain all of your ownership rights in your Content; however, by submitting any Content on the platform, you hereby grant to HOTSOKO an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the platform and HOTSOKO 's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by HOTSOKO in order to host and display your Content. 

(iv)             By posting Content to any public area of the Service, you agree to and do hereby grant to HOTSOKO all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or HOTSOKO remove or delete such Content from the Website.

  1. HOTSOKO does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and HOTSOKO expressly disclaims any and all liability in connection with user Content.
  2. HOTSOKO does not permit copyright infringing activities and infringement of intellectual property rights on the platform, and HOTSOKO may, at its sole discretion, remove any infringing Content.
  3. HOTSOKO reserves the right to remove any Content without prior notice.
  4. HOTSOKO may also terminate a user's access to the platform, if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the platform more than twice.
  5. At its sole discretion, HOTSOKO reserves the right to decide whether any Content is appropriate and complies with these Terms and Conditions.

3. USER CONDUCT

You agree not to post, email, host, display, upload, modify, publish, transmit, update or share any information on the Site, or otherwise make available Content:

  1. that violates any law or regulation;
  2. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
  3. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  5. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant HOTSOKO all of the license rights granted herein;
  6. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
  7. that includes personal or identifying information about another person without that person's explicit consent;
  8. that impersonates any person or entity, including, but not limited to, a HOTSOKO employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
  9. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;
  10. that is false, deceptive, misleading, deceitful, or constitutes "bait and switch" offer;
  11. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the platform which are not designated for such purposes; or (2) e-mailed to HOTSOKO users who have requested not to be contacted about other services, products or commercial interests;
  12. that includes links to commercial services or Third Party Websites, except as specifically allowed by HOTSOKO;
  13. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
  14. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;
  15. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
  16. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
  17. Not to attempt to gain unauthorized access to computer systems owned or controlled HOTSOKO or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website.
  18. NOT to agree to transact outside the HOTSOKO platform. Any transaction or agreements/dealings between you and any other user on the platform whether seller or buyer done outside the platform is your SOLE responsibility and your shall bear all risks associated with such dealings. Under NO particular circumstance shall you hold HOTSOKO liable for any such dealings conducted outside the platform. Therefore, make sure to conclude ALL your transactions/sales/purchases within the HOTSOKO platform at all times.

6. ACCESS TO THE PLATFORM

HOTSOKO grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the service by other agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by HOTSOKO or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the platform, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the platform so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). HOTSOKO may limit the amount of postings displayed on or linked to your website.

Use of the platform beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the platform or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from HOTSOKO.

8. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under this Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to HOTSOKO, and are subject to copyright and other intellectual property rights. In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to HOTSOKO. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HOTSOKO reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the platform for any commercial purposes. Any reproduction, modification, creation of derivative works from or redistribution of the platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof for further reproduction or redistribution is expressly prohibited.

9.      CLAIMS OF INFRINGEMENTS

If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to HOTSOKO together with a request to HOTSOKO to delete the relevant Content in good faith. The notification and the request must contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit HOTSOKO to locate the material;
  4. Information reasonably sufficient to permit HOTSOKO to contact you, such as an address, telephone number, and an electronic mail address;
  5. A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
  6. A signed statement that the intellectual property-owner holds HOTSOKO harmless from any claim of any third party in connection with the removing by HOTSOKO of the relevant content; and
  7. A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the notifications to info@hotsoko.com

9. USER SUBMISSIONS

You understand that when using the Website, you will be exposed to Content from a variety of sources, and that HOTSOKO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HOTSOKO with respect thereto.

10. INDEMNITY

You agree to defend, indemnify and hold harmless HOTSOKO, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (ii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iii) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.

10.  HOTSOKO’S ROLE AS A MARKETPLACE

                                i.            we do not confirm the identity of all marketplace users, check their credit worthiness or bona fides, or otherwise vet them;

                              ii.            we do not check, audit or monitor all information contained in listings;

                            iii.            we are not party to any contract for the sale or purchase of products advertised on the marketplace;

                            iv.            we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a marketplace for buyers and sellers and process payments on behalf of sellers;

                              v.            we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products advertised on our marketplace; furthermore, we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products and we will have no obligation to mediate between the parties to any such contract.

                            vi.            We do not warrant or represent: the completeness or accuracy of the information published on our marketplace; that the material on the marketplace is up to date; that the marketplace will operate without fault; or that the marketplace or any service on the marketplace will remain available.

                          vii.            We reserve the right to discontinue or alter any or all of our marketplace services, and to stop publishing our marketplace, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any marketplace services, or if we stop publishing the marketplace.

                        viii.            We do not guarantee any commercial results concerning the use of the marketplace.

                            ix.            To the maximum extent permitted by applicable law and subject to section

                              x.            we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our marketplace and the use of our marketplace.

ACKNOWLEDGEMNT OF ACCEPTANCE OF T&C

You acknowledge that you have read this policy and agree to all its terms and conditions. By accessing and using the platform and its services, you agree to be bound by these terms and conditions. You also acknowledge and agree that it is your sole responsibility to read, understand and agree to our Privacy Policy (https://hotsoko.com/privacy-policy),  Return Policy (https://hotsoko.com/return-policy), Seller Policy (for sellers, https://www.hotsoko.com/seller-policy), Cookie Policy (https://hotsoko.com/cookie-policy) and any other policies that govern the use of the platform; and consent to them as required before accessing and using the platform. If you do not agree to abide by the terms, you are NOT authorized to access or use the HOTSOKO platform.