Terms of Service
Effective:
These Terms of Service (“Terms”) govern your access to and use of QwikSale’s website, apps, and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms.
Quick Summary
- You must be 18+ (or the age of majority in your region) to use QwikSale.
- You are responsible for your listings, messages, and transactions.
- No illegal / unsafe items, misleading listings, or spam.
- Payments (e.g., M-Pesa) are processed by third parties; certain actions may be final and fees may apply.
- We can suspend or remove accounts that violate these Terms.
Contents
- Eligibility
- Accounts & Security
- Listings & Transactions
- Prohibited Items & Conduct
- Fees, Payments & Refunds
- Subscriptions
- Your Content & Licenses
- Privacy
- Communications & Notices
- Takedown & Reporting
- Suspension & Termination
- Disclaimers
- Limitation of Liability
- Indemnity
- Governing Law & Disputes
- Changes to the Service or Terms
- Contact
1) Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Service. If you use the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.
2) Accounts & Security
- Provide accurate information and keep it up to date.
- You are responsible for safeguarding your login credentials.
- Notify us promptly of any unauthorized use of your account.
3) Listings & Transactions
- You are responsible for the accuracy of your listings (title, price, condition, photos) and for complying with applicable laws.
- Meet safely: prefer public places; verify items before paying; avoid sharing sensitive information.
- QwikSale is a marketplace platform and is not a party to transactions between buyers and sellers unless expressly stated.
4) Prohibited Items & Conduct
Do not post or transact on:
- Illegal items, stolen goods, counterfeit products, or recalled items.
- Weapons, explosives, hazardous materials, or regulated substances.
- Items that infringe intellectual property rights or violate third-party terms.
- Fraud, impersonation, harassment, hate speech, or any activity that harms other users or the platform.
- Spam, multi-posting, or keyword stuffing.
5) Fees, Payments & Refunds
- Fees (if any) will be disclosed at checkout or within the Service. Fees are generally non-refundable unless required by law.
- Payments may be handled via third-party processors (e.g., M-Pesa/Daraja). By paying, you also agree to the processor’s terms and privacy policy.
- Chargebacks, reversals, or disputes may result in account limitations or recovery actions as permitted by law.
6) Subscriptions
- Upgrades (e.g., Gold/Platinum) are billed in advance and renew on the stated term unless cancelled.
- Benefits expire at the end of the paid term. We may change subscription pricing and benefits with reasonable notice.
- Unless required by law, subscription payments are non-refundable once the term starts.
7) Your Content & Licenses
- You retain ownership of content you upload (e.g., photos, descriptions). You grant QwikSale a worldwide, non-exclusive, royalty-free license to host, display, and distribute your content solely to operate and promote the Service.
- You represent that you have all necessary rights to post your content and that it does not infringe third-party rights.
8) Privacy
Our Privacy Policy explains how we collect, use, and protect your data. By using the Service, you agree to the Privacy Policy.
9) Communications & Notices
We may send you transactional messages (e.g., account, security, purchase updates) and, where permitted, service announcements or marketing. You can manage certain preferences in your account settings or by following opt-out instructions in messages.
10) Takedown & Reporting
We may remove content or suspend accounts that violate these Terms or the law. To report issues or alleged infringement, contact support@qwiksale.sale.
11) Suspension & Termination
We may suspend or terminate access to the Service at our discretion, including for violations of these Terms, unlawful activity, or risk to other users. You may stop using the Service at any time.
12) Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, QWIKSALE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE AVAILABILITY, ACCURACY, OR RELIABILITY OF THE SERVICE OR USER CONTENT.
13) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, QWIKSALE AND ITS AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO QWIKSALE IN THE 3 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) KES 10,000.
14) Indemnity
You will defend, indemnify, and hold harmless QwikSale, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service or violation of these Terms or applicable law.
15) Governing Law & Disputes
These Terms are governed by the laws of Kenya, without regard to conflict-of-law principles. You agree to the exclusive jurisdiction and venue of the courts located in Nairobi, Kenya, for all disputes that are not subject to mandatory arbitration or other dispute processes required by law.
16) Changes to the Service or Terms
We may modify the Service or these Terms at any time. Material changes will be posted on this page (or within the Service) with an updated effective date. Your continued use after changes become effective constitutes acceptance.
17) Contact
Questions? Email support@qwiksale.sale.
© 2025 QwikSale. All rights reserved.