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1.1 These are the terms and conditions on which we, Suadeo Technologies Limited (“Suadeo”), a company incorporated under the Companies Act, 2015 of the Republic of Kenya, make our product “Sinatabu” available to you (these “Terms” or this “contract”).
1.2 Please read these Terms carefully before using Sinatabu. They explain who we are, how we provide our services, how you and we may change or end this contract, how issues and disputes will be handled, and other important information.
1.3 By accessing or using the Sinatabu website or any related applications or services (collectively, the “Service”), you confirm that you understand and accept these Terms. These Terms are legally binding and create a contract between you and Suadeo.
1.4 We may update these Terms from time to time. When we do so, we will post the updated version on the website and update the “last updated” date. The changes will take effect from the date the revised Terms are posted. Your continued use of the Service after such changes means you accept the updated Terms.
2.1 Sinatabu is an online platform that allows users to:
• create and publish requests for items or services (“Queries”),
• browse and discover items, services and stands from merchants, businesses and personal shoppers (“Merchants”), and
• communicate with Merchants using the contact details or tools provided on the platform.
2.2 Sinatabu is not an importer, manufacturer, distributor, or seller of any item, and is not the provider of any service posted by users or Merchants on the website, unless we explicitly say otherwise in writing for a specific product or service.
2.3 Sinatabu does not act as the buyer’s or Merchant’s agent, nor as a broker or guarantee provider, in respect of any transaction between users. Any sale and purchase of goods or services is a contract directly between the buyer and the Merchant. Sinatabu is not a party to, and has no responsibility for, such contracts.
2.4 Sinatabu may, from time to time, offer tools (such as messaging, payments integrations, or ratings) to make it easier for users to discover, communicate and transact. These tools do not change the fact that the underlying contract is between the buyer and the Merchant.
2.5 Each user of the Service is solely responsible for any and all content that they create, upload, post, publish or otherwise make available on or through the Service (“User Content”). We do not control User Content and assume no responsibility or liability for it. We do not guarantee the accuracy, completeness, suitability, legality or quality of any User Content.
2.6 Your interactions with other users (including Merchants and other buyers) are solely between you and those users. Sinatabu is not responsible for any disputes, losses or damages arising out of such interactions. If there is a dispute between you and any Merchant or other user, we are under no obligation to become involved.
2.7 Sinatabu retains the right to change, improve, limit or discontinue any part of the Service (including free or paid features) at any time, with or without notice. We may introduce new features, run experiments, or restrict access to certain features or areas of the Service.
2.8 The Service may contain links or access to third-party websites, apps, services or advertisements (“Third-Party Ads”). Third-Party Ads are not under our control and we are not responsible for their content, accuracy, legality or practices. Your use of Third-Party Ads is entirely at your own risk and is governed by the terms and policies of those third parties.
2.9 We may, without notice, delete, hide or restrict access to any Query, User Content or account if we believe, in our sole discretion, that it:
(i) is required to be removed by a court order, regulatory authority or law enforcement;2.10 The products and services displayed on Sinatabu are offered by third-party Merchants. Images, descriptions and other details are provided by Merchants or other third parties. We try to encourage accurate listings but we cannot guarantee that any image or description is complete, current or error-free. Your product may differ slightly from any images or descriptions you see on the platform.
(ii) infringes or is alleged to infringe another party’s intellectual property or other rights;
(iii) infringes the rights, privacy or safety of any person, or is abusive, hateful or discriminatory; or
(iv) breaches these Terms or any applicable law, regulation, rule or community guideline.
3.1 Prices for products and services are set directly by the relevant Merchant and will usually be indicated on the listing, Query, Stand, chat, or in your communications with the Merchant.
3.2 Unless we expressly state otherwise, payments for goods and services are made directly between you and the Merchant (for example via cash, mobile money, bank transfer, card or other agreed method). Sinatabu is not a party to these payment arrangements.
3.3 Where Sinatabu provides or integrates a payment feature, we may act as a technical facilitator or limited payment collection agent for the Merchant. We will explain any specific terms that apply to such payment features at or before use. In any case, the contract of sale remains between you and the Merchant.
3.4 You are solely responsible for complying with any legal, regulatory, tax, import/export or other obligations that arise from purchasing goods or services via Sinatabu.
3.5 We recommend that you:
• inspect goods (where possible) before paying;
• ask the Merchant for documentation or evidence of authenticity, quality or compliance where relevant; and
• use secure, traceable payment methods whenever possible.
4.1 To use certain features of the Service, you may need to create a user account (an “Account”) and provide certain information about yourself as requested during registration.
4.2 You may create an Account as an individual or, where applicable, as an authorised representative of a business, brand or organisation.
4.3 You are responsible for maintaining the confidentiality and security of your login details and for all activity that occurs under your Account. You must not share your password with anyone else or allow any unauthorised person to use your Account.
4.4 By creating or using an Account, you represent that you are at least 18 years old, or otherwise have reached the age of majority in your jurisdiction, or that you are using the Service under the supervision and with the consent of a parent or legal guardian who has reviewed and accepted these Terms on your behalf.
4.5 We may suspend, restrict or terminate your Account or access to the Service, with or without notice, if we believe that you have breached these Terms or misused the Service, or if we suspect fraud or abuse.
4.6 You agree to promptly notify us of any unauthorised use or suspected unauthorised use of your Account, or any other security breach relating to your Account. We are not liable for any loss or damage arising from your failure to safeguard your Account credentials.
5.1 You warrant and represent that all information you provide to us (including during account creation or when posting Queries or User Content) is accurate, current and complete, and that you will keep it updated.
5.2 You warrant that you have all rights, licenses and permissions needed to post any User Content you submit, and that such content does not infringe or violate any third party’s rights (including intellectual property, privacy and data protection rights).
5.3 You agree that you will not use the Service to:
(a) post or sell illegal, stolen, counterfeit, dangerous or restricted goods or services;5.4 You agree to cooperate with us and provide any information we reasonably request to investigate suspected violations of these Terms or suspected unlawful conduct connected with your use of the Service.
(b) post content that is hateful, discriminatory, harassing, defamatory, obscene, sexually explicit, or otherwise inappropriate;
(c) engage in fraud, scams, money laundering, terrorism financing or other unlawful activities;
(d) interfere with or disrupt the operation of the Service (including by introducing viruses, bots, scraping, or attempting to gain unauthorised access);
(e) collect information about other users without their consent or in violation of applicable data protection laws; or
(f) violate any applicable law, regulation, guideline or industry standard.
6.1 The Service (including all information, content, materials and features) is provided on an “as is” and “as available” basis, without any warranties of any kind, unless expressly stated otherwise in writing. Your use of the Service is at your own risk.
6.2 To the fullest extent permitted by law, Sinatabu and its affiliates make no representations or warranties, express or implied, regarding the operation of the Service or the information, content, materials, products or services available through it, including (without limitation) any warranties of merchantability, fitness for a particular purpose, non-infringement, reliability or accuracy.
6.3 Sinatabu has no control over, and does not guarantee:
• the existence, quality, safety or legality of goods or services listed by users;
• the truthfulness or accuracy of any User Content; or
• that any product or service will meet your expectations.
6.4 To the fullest extent permitted by law, Sinatabu and its affiliates shall not be liable (whether in contract, tort, negligence, product liability or otherwise) for any indirect, incidental, special, consequential, punitive or exemplary damages, including loss of profits, revenue, goodwill, business or data, arising from or in connection with these Terms or your use of (or inability to use) the Service.
6.5 To the extent we are found liable to you in connection with the Service, our total aggregate liability to you for all claims arising in any six (6) month period shall not exceed the total amounts (if any) paid by you to Sinatabu for use of the Service during that period.
6.6 Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.
7.1 To provide the Service, we may need to collect and process personal information about you. By using the Service, you agree that we may collect, use, store and share your personal information as described in our Privacy Policy and in accordance with applicable data protection laws, including the Data Protection Act, 2019 (Kenya).
7.2 You are responsible for keeping your profile and contact details accurate and up to date so that we can communicate with you about your Account, security issues and service updates.
7.3 During registration or use of the Service, you may opt in to receive marketing or promotional communications from us. You can opt out of such communications at any time using the unsubscribe link in our emails or via your Account settings. Service-related and transactional communications (for example, security alerts, legal notices, or essential updates) may still be sent even if you opt out of marketing.
8.1 You agree to indemnify and hold harmless Sinatabu, its affiliates, directors, officers, employees, agents and partners from and against any claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:
(i) your use of the Service;8.2 We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with us in such defence.
(ii) your User Content;
(iii) your breach of these Terms or of any applicable law, regulation, rule or guideline; or
(iv) any transaction or dispute between you and any other user or third party.
9.1 These Terms and any dispute arising out of or in connection with them (including any non-contractual claims) shall be governed by and construed in accordance with the laws of the Republic of Kenya.
9.2 The parties submit to the non-exclusive jurisdiction of the courts of Kenya in relation to any dispute or claim arising from or in connection with these Terms or the Service.
10.1 If any provision of these Terms is found to be invalid, illegal or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable, and the remaining provisions shall remain in full force and effect.
10.2 We may assign or transfer our rights and obligations under these Terms to another entity, including in connection with a merger, acquisition or sale of assets, without prior notice to you. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
10.3 Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.
10.4 We will not be liable for any failure or delay in performing our obligations where such failure or delay is due to events beyond our reasonable control (including acts of God, natural disasters, war, civil unrest, government action, internet or telecommunications outages, or labour disputes).
Sinatabu is firmly committed to protecting your privacy. By using the Service, you acknowledge and agree that Sinatabu’s collection, use and disclosure of personal information is governed by our Privacy Policy and the Data Protection Act, 2019 (Kenya), as well as any other applicable data protection laws. Please review our Privacy Policy available on the website for more detail.
This Merchant User Agreement (“Agreement”) is between you, the Merchant user (together with any company or business entity you represent), and Suadeo Technologies Limited (“Suadeo”) in respect of your use of Sinatabu as a Merchant.
The terms “we”, “us” or “our” refer to Sinatabu. The terms “you” or “your” refer to any individual or entity who accepts this Agreement and creates or manages a Merchant Account or Stand on Sinatabu.
By signing up for a Sinatabu Merchant Account or by using any Merchant-facing services on Sinatabu (the “Services”), you agree to be bound by these Merchant Terms of Service (the “Terms of Service”) in addition to the Users Terms above. In case of conflict, these Merchant Terms will apply to your activities as a Merchant.
1.1 To access and use the Services as a Merchant, you must register for a Sinatabu Account by providing your full legal name (or business name), current address, phone number, a valid email address, and any other information indicated as required.
1.2 We may approve, decline or later suspend or cancel your Merchant Account at our discretion, for example where we believe you present a risk of fraud, non-compliance, or harm to other users.
1.3 You must be:
(i) at least 18 years old, or1.4 You confirm that you are using the Services for business, commercial or professional purposes (including as a personal shopper, creative entrepreneur or business), and not as a consumer for purely personal, household or family purposes.
(ii) at least the age of majority in your jurisdiction, and legally capable of entering into binding contracts.
2.1 The person signing up for the Service by opening an Account will be the contracting party (“Stand Owner”) for the purposes of these Terms of Service.
2.2 The Stand Owner is responsible for ensuring that the legal name of the business or individual operating the stand is accurate, complete and clearly indicated in the stand profile or other appropriate areas.
2.3 Each Sinatabu stand is associated with a single Stand Owner. A Stand Owner may operate multiple stands under one or more Accounts, subject to our approval.
2.4 You are responsible for managing any authorised users (staff or agents) who access your Merchant Account and stand. You are liable for all actions taken under your Account by such authorised users.
3.1 You must read, agree with, and accept all of the terms and conditions contained in these Merchant Terms of Service and the Users Terms before using the Services as a Merchant.
3.2 Technical support for Merchants is provided in line with our then-current support channels and hours, which may change from time to time.
3.3 These Merchant Terms of Service shall be governed by and interpreted exclusively in accordance with the laws of Kenya, without regard to conflict of law principles.
3.4 You agree to comply with all applicable laws, rules and regulations in your use of the Services, including (without limitation) consumer protection, advertising, product safety, intellectual property, tax, data protection, anti-money laundering and sanctions laws in all relevant jurisdictions.
3.5 You may not use the Services for any unlawful or unauthorised purpose, nor in any way that violates these Terms, our policies, or the rights of any third party.
3.6 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission, other than as expressly permitted to operate your stand on Sinatabu.
3.7 Our Privacy Policy (as published on the website) applies to the collection and use of personal data in connection with the Services.
3.8 These Terms of Service may be made available in multiple languages. In case of inconsistency, the latest English version published on the Sinatabu website will prevail (unless required otherwise by applicable law).
4.1 We reserve the right to modify, suspend or terminate the Services, in whole or in part, for any reason, and at any time, with or without notice (except where applicable law requires notice). Not all Services or features will be available in every country or to every Merchant.
4.2 We may refuse service to any person or entity at our discretion if we believe that doing so is necessary to protect our users, comply with law, manage risk or protect our legitimate business interests.
4.3 We may, but are not obliged to, review or pre-screen Materials. We may remove Materials, suspend or terminate Accounts, or hide stands or listings where we believe, in our sole discretion, that they violate these Terms, our policies, or applicable law, or present a risk to users or Sinatabu.
4.4 Verbal or written abuse of any kind (including threats, harassment or hate speech) directed at Sinatabu customers, employees, contractors or officers may result in immediate Account termination.
4.5 We reserve the right to provide our platform and services to your competitors and to operate other stands or lines of business that may compete with you. We do not promise exclusivity in any market segment.
4.6 In the event of a dispute about Account or stand ownership, we may request documentation (such as ID, business registration certificates, tax PINs, or corporate resolutions) to verify ownership. If we cannot reasonably determine the rightful owner, we may temporarily suspend or disable the Account or stand until the dispute is resolved between the parties or we are directed otherwise by a competent authority.
5.1 “Confidential Information” includes non-public information about a party’s business, customers, technical systems, pricing, business plans, and other proprietary information, whether or not labelled as confidential. Sinatabu’s Confidential Information includes all non-public information about the Services, security measures, and business operations.
5.2 Each party agrees to use the other party’s Confidential Information only as necessary to perform its obligations under these Terms and to take reasonable steps to protect such information from unauthorised disclosure or use, at least equivalent to the steps it takes to protect its own confidential information.
5.3 Confidential Information does not include information that:
(a) is or becomes publicly available through no fault of the receiving party;5.4 Either party may disclose Confidential Information where required by law, regulation or court order, provided it (where legally permitted) gives prompt written notice to the other party and takes reasonable steps to limit the extent of disclosure.
(b) was lawfully known to the receiving party before disclosure; or
(c) is independently developed without use of or reference to the disclosing party’s Confidential Information.
6.1 To the fullest extent permitted by law, Sinatabu shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including loss of profits, goodwill, data or business opportunities, arising out of or in connection with the Services or these Terms, even if we have been advised of the possibility of such damages.
6.2 To the extent permitted by law, Sinatabu’s total cumulative liability to you for any and all claims arising out of or relating to the Services or these Terms in any six (6) month period shall not exceed the total fees (if any) paid by you to Sinatabu for the Services during that period.
6.3 You are solely responsible for your tax obligations and liabilities arising from your use of Sinatabu’s Services and from your sales and business activities conducted via Sinatabu.
6.4 You agree to indemnify and hold harmless Sinatabu, its affiliates, officers, directors, employees, agents and partners from and against any claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your use of the Services as a Merchant;
(b) your Materials, listings, marketing or communications;
(c) your breach of these Terms or of any applicable law or third-party rights; or
(d) any transaction, dispute or issue between you and a buyer or any other third party.
7.1 Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
7.2 If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
7.3 These Merchant Terms of Service, together with the Users Terms and any policies referenced in them, constitute the entire agreement between you and Sinatabu regarding your use of the Services as a Merchant and supersede any prior agreements or understandings relating to the same subject matter.
8.1 You retain ownership of all Materials you upload or make available through your stand, subject to the rights granted to Sinatabu in these Terms.
8.2 By uploading or making Materials available on Sinatabu, you grant Sinatabu a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to host, store, reproduce, display, adapt and use such Materials as reasonably necessary to operate, promote and improve the Service and your stand, including for marketing Sinatabu and your stand (for example, featuring your stand or products in curated collections or promotional campaigns).
8.3 When you make your stand or Materials public, you acknowledge that they may be viewed by other internet users. You are solely responsible for ensuring that your Materials comply with all applicable laws and regulations (including intellectual property, advertising and consumer-protection laws).
8.4 Sinatabu may use your business name, brand name, logo and trade marks associated with your stand to identify you as a Merchant on Sinatabu and in marketing material for the Service.
9.1 We may charge subscription fees, commissions, listing fees or other charges (“Fees”) for use of certain Merchant Services. The applicable Fees and billing intervals (for example, monthly or per transaction) will be communicated to you in advance and may be updated from time to time.
9.2 Unless otherwise stated, Fees are exclusive of any applicable taxes. You are responsible for paying any taxes that apply to your use of the Services or to your sales.
9.3 You authorise us to charge any Fees due using the payment method linked to your Merchant Account or as otherwise agreed in writing.
10.1 You may cancel your Merchant Account and terminate these Terms of Service at any time by contacting Sinatabu Support and following the instructions we provide.
10.2 Upon termination:
(a) we will cease providing you with Merchant Services and your access to the Merchant dashboard may be disabled;10.3 We may suspend or terminate your Merchant Account or any part of the Services at any time, with or without notice, if we believe you have breached these Terms, present a risk to other users or to Sinatabu, or as required by law or a competent authority.
(b) your stand may be taken offline or hidden from users;
(c) any outstanding Fees owed to Sinatabu will become immediately due and payable; and
(d) unless otherwise stated, Fees already paid will not be refunded.
11.1 We may change our Fees from time to time. Where required by law or where changes are material, we will give you reasonable notice (for example, 30 days) by posting changes on the website, emailing you, or notifying you via your Merchant dashboard.
11.2 We may modify, temporarily suspend or permanently discontinue any part of the Services. We will endeavour to provide notice where practicable, but there may be circumstances (for example, security issues or changes in law) where we need to act without prior notice.
11.3 We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services, except as expressly required by applicable law.
Except for Sinatabu and its affiliates, users and permitted assigns, no person or entity who is not a party to these Terms of Service shall have any right to enforce any of their terms. This does not affect the rights of any third party that arise under mandatory law.
Sinatabu is committed to protecting the personal information of both Merchants and customers. By using the Services as a Merchant, you acknowledge and agree that Sinatabu’s collection, use and disclosure of personal information is governed by our Privacy Policy and the Data Protection Act, 2019 (Kenya), as well as any other applicable data protection laws. You are responsible for complying with applicable data protection laws in your own handling of customer data obtained via Sinatabu.
