Kaya MarketplaceKaya Marketplace

Legal

Terms of Service

This draft is provided for informational purposes and is not legal advice.

1. Introduction

These Terms of Service ("Terms") govern your access to and use of Kaya Marketplace and related services (together, the "Services"), including:

  • The Kaya multi-vendor trading platform (web/PWA) for retailers and wholesalers (the "Marketplace")
  • The Kaya Driver mobile application (the "Driver App")
  • The Kaya Shipper platform and Admin Console used for shipment creation, dispatch, tracking, customer support, finance, and dispute handling (the "Shipper Platform")

By accessing or using any part of the Services, you agree to these Terms. If you do not agree, do not use the Services.

Contact: [email protected]

2. Definitions

  • "Kaya", "we", "us": Kaya Marketplace and its affiliates.
  • "User", "you": any person or entity using the Services.
  • "Retailer": buyer on the Marketplace.
  • "Wholesaler"/"Vendor": seller listing goods on the Marketplace.
  • "Driver"/"Courier": delivery partner using the Driver App.
  • "Shipper": person/entity creating shipments on the Shipper Platform.
  • "Order": a purchase transaction on the Marketplace.
  • "Content": listings, text, images, reviews, messages, and other materials.

3. Eligibility and Accounts

  • You must be at least 18 years old to use the Services.
  • You agree to provide accurate information and keep it updated.
  • You are responsible for maintaining account confidentiality and all activity under your account.
  • We may suspend or terminate accounts for suspected fraud, policy violations, or legal compliance.

4. Platform Roles and Marketplace Structure

  • Kaya provides technology to facilitate transactions and logistics coordination.
  • Vendors are responsible for product quality, lawful sale, accurate descriptions, pricing, and fulfilment readiness.
  • Drivers are independent delivery partners unless explicitly stated otherwise in a separate written agreement.
  • Kaya may provide operational support (dispatch, hubs, customer support, dispute handling) via the Admin Console.

5. Orders, Pricing, and Availability

  • Product availability and pricing are determined by Vendors.
  • Orders may be split across multiple Vendors and shipments.
  • You agree to review order details (items, quantities, delivery address, fees) before confirming.

6. Payments, Fees, and Commission

Payments may be processed through Paystack (mobile money, cards, bank transfer) and/or Cash on Delivery (COD), where available.

  • You authorise Kaya and its payment processors to charge your selected payment method for amounts due.
  • Kaya may charge platform fees (including a commission on transactions) and may display applicable fees at checkout.

COD rules:

  • Retailers must pay the exact COD amount upon delivery.
  • Drivers must follow Kaya's COD handling and reconciliation procedures.
  • Kaya may restrict COD for certain users, locations, or risk profiles.
  • If a payment fails or is reversed, we may cancel an order, suspend the account, or pursue recovery.

7. KYC, Verification, and Compliance

  • We may require identity verification (KYC) for Retailers, Vendors, Drivers, and Shippers.
  • You consent to provide documents and information for verification and fraud prevention.
  • We may use third-party verification providers and may perform sanctions, fraud, and risk checks.
  • Failure to complete KYC may limit or prevent access to certain features.

8. Logistics, Delivery, and Tracking

  • Delivery timelines are estimates and may vary due to traffic, weather, operational constraints, or vendor readiness.
  • Tracking updates are provided on a best-effort basis and may be delayed.
  • You must provide accurate delivery addresses and contact details.
  • Delivery may be performed through Kaya's network of Drivers or third-party logistics partners.

Delivery exceptions:

If delivery fails due to incorrect address, unavailability, refusal to pay COD, or unsafe conditions, additional fees or return handling may apply.

9. Returns, Refunds, and Disputes

  • Kaya may provide a dispute process to help resolve issues between users.
  • Return/refund eligibility may depend on product category, condition, and timing.
  • You agree to provide evidence (photos, delivery notes, communications) when raising a dispute.
  • Kaya may issue outcomes such as refund, replacement, credit, partial refund, or denial based on evidence and applicable policies.
  • Some items may be non-returnable (e.g., perishable goods, hygiene-sensitive items) unless defective or incorrect.

10. Prohibited Items and Restricted Activities

You may not list, ship, or transact in:

  • Illegal goods, stolen goods, counterfeit products
  • Weapons, explosives, hazardous materials (unless explicitly permitted and compliant)
  • Controlled substances
  • Items violating intellectual property rights
  • Any goods restricted under Ghanaian law or applicable regulations

You may not:

  • Misrepresent products, pricing, identity, or delivery status
  • Engage in fraud, chargeback abuse, or money laundering
  • Harass, threaten, or discriminate against others
  • Attempt to bypass platform fees or move transactions off-platform in a way that violates these Terms

11. User-Generated Content and Reviews

You retain ownership of your Content, but grant Kaya a worldwide, non-exclusive, royalty-free license to host, use, reproduce, modify (for formatting), and display it to operate and market the Services.

12. Safety, Driver Conduct, and Service Standards

  • Drivers must comply with road safety laws, Kaya onboarding and delivery protocols.
  • Users must not request unsafe or unlawful delivery actions.
  • Kaya may monitor performance metrics and may suspend Drivers for repeated issues.

13. Intellectual Property

Kaya and its licensors own the Services, software, trademarks, and branding. You may not copy, reverse engineer, or misuse the Services except as permitted by law.

14. Privacy

Your use of the Services is also governed by our Privacy Policy.

15. Disclaimers

The Services are provided on an "as is" and "as available" basis. Kaya does not guarantee uninterrupted availability or error-free operation.

16. Limitation of Liability

To the maximum extent permitted by law, Kaya will not be liable for indirect, incidental, special, consequential, or punitive damages. Kaya's total liability for any claim relating to the Services will be limited to the amount of fees paid to Kaya in connection with the relevant transaction in the three (3) months preceding the event giving rise to the claim (or a higher amount if required by law).

17. Indemnity

You agree to indemnify and hold Kaya harmless from claims arising out of your use of the Services, your Content, your violation of these Terms, or your violation of any law or third-party rights.

18. Suspension and Termination

We may suspend or terminate access if we reasonably believe you violated these Terms, pose a risk, or for legal compliance. You may stop using the Services at any time.

19. Changes to the Services or Terms

We may update the Services or these Terms from time to time. We will post updates in-app or on our website. Continued use after changes means you accept the updated Terms.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Ghana. Parties will first attempt to resolve disputes through good-faith negotiations and Kaya's internal dispute process. If unresolved, disputes may be brought before the competent courts in Ghana, unless mandatory law requires otherwise.

21. Contact

Questions about these Terms: [email protected]