Terms & Conditions

"CINAB" is the trading name for the Cinabonline Group of Companies Limited. We operate an e-commerce platform consisting of a website and mobile application (the "Marketplace"), together with supporting IT, logistics and payment infrastructure, for the sale and purchase of consumer products and services in Kenya.

These general terms and conditions apply to buyers and sellers on the Marketplace and govern your use of the Marketplace and related services. By using our Marketplace, you accept these terms in full. If you disagree with any part, you must not use our Marketplace.

If you use our Marketplace in the course of a business or organisational project, you confirm you have obtained the necessary authority to agree to these terms and bind both yourself and the relevant entity.

Buyers agree to the processing of their personal data in accordance with Cinab's Privacy Notice and Cookie Notice. Cinab shall process all personal data obtained through the Marketplace in accordance with our Privacy Policy.

Sellers shall be directly responsible to buyers for any misuse of their personal data. Cinab bears no liability to buyers in respect of any such misuse by sellers.

You may not register with our Marketplace if you are under 18 years of age. By using our Marketplace, you warrant that you are at least 18 years old.

When you register, you will be asked to provide an email address and password. You agree to keep your password confidential, notify us immediately of any unauthorised disclosure, and accept responsibility for all activity on your account arising from any failure to keep it secure.

Your account is for your exclusive use and must not be transferred to any third party. We may suspend or cancel your account at any time in our sole discretion. If we cancel any paid services you have not yet received and you have not breached these terms, we will issue a refund. You may cancel your account at any time by contacting us as set out in section 24.

The Marketplace provides an online location for sellers to sell and buyers to purchase products. Cinab accepts binding sales on behalf of sellers, but unless Cinab is indicated as the seller, Cinab is not a party to the transaction between the seller and the buyer.

A contract for sale comes into force between the buyer and seller upon the buyer's confirmation of purchase. The following provisions are incorporated into every contract of sale:

• The price for a product will be as stated in the product listing and must include all applicable taxes.
• Delivery, packaging, handling or other ancillary charges are only payable if expressly stated in the product listing.
• Products must be of satisfactory quality, fit for purpose, and conform to their product listing description.
• Sellers warrant that they hold good title to physical products and the right to supply any digital products offered.

Returns and refunds are managed in accordance with the returns and refunds pages on the Marketplace, which may be updated from time to time. Acceptance of returns and issuance of refunds are at our discretion, subject to applicable laws of Kenya.

Refunds may be provided via store credits, vouchers, mobile money transfer, bank transfer, or other methods we determine. For digital products and fresh food, refunds are issued in cases of delivery failure only; all other requests are subject to the seller's terms.

Changes to our returns or refunds pages take effect from the date of publication on our website.

You must make all payments due under these terms in accordance with the Payments Information and Guidelines on the Marketplace.

Store credits may be earned and managed in accordance with the Cinab Store Credit Terms and Conditions, as may be amended from time to time. Cinab reserves the right to cancel or withdraw store credit rewards at any time, including where fraud or foul play is suspected. Full details are available on our website and mobile application.

"Your content" means all works, materials, communications, reviews, feedback and comments you submit to the Marketplace. Your content must be accurate, complete, truthful, civil and tasteful. It must not be offensive, obscene, fraudulent, threatening, harassing, discriminatory or constitute spam.

Your content must not infringe any intellectual property rights, rights of privacy or confidence, or any contractual obligation. You must not use the review function to post inaccurate or fake reviews.

You must not interfere with any transaction by contacting another user to buy or sell outside the Marketplace, or attempting to collect payments directly. We reserve the right to remove any content at our discretion.

By submitting content to the Marketplace, you grant Cinab a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content across the Marketplace and our marketing channels, including the right to sub-license and enforce those rights.

You waive all moral rights in your content to the maximum extent permitted by applicable law. If you breach our content rules, we may delete, unpublish or edit any or all of your content.

You may view, cache and print pages from our website for personal, non-commercial use; stream audio and video using our media player; and use our Marketplace services via a web browser. You must not download or save materials beyond normal browser caching, or edit any material on our website.

You must not use our website in any way that causes damage, impairs performance or security, or involves unlawful, fraudulent or harmful activity. This includes hacking, probing for vulnerabilities, scraping, automated data collection, or the use of robots or spiders — except for search engine indexing.

We reserve the right to suspend or restrict access to our website at any time without notice, including during maintenance or updates.

We, together with our licensors, own and control all copyright and other intellectual property rights in our website and its material. All such rights are reserved. Cinab's logos and trademarks are our property and no permission is granted for their use.

Third-party trademarks on our website are the property of their respective owners. We do not endorse or claim affiliation with any such third parties and cannot grant licences to exercise their rights.

We operate an anti-fraud and anti-money laundering compliance programme and reserve the right to perform due diligence checks on all users of the Marketplace. You agree to provide all information, documentation and access to your business premises as we may require to verify compliance with these terms or fulfil any legal obligation.

Cinab facilitates a marketplace connecting buyers and sellers. The relevant seller — whether Cinab or a third party — remains exclusively liable for the products they sell. In the event of an issue arising from a purchase, buyers should seek recourse from the relevant seller via Cinab's Dispute Resolution Policy.

We do not warrant that the Marketplace will operate without fault or remain available during force majeure events, including natural disasters, cyberattacks, war, epidemics, or other circumstances beyond our control.

We reserve the right to discontinue or alter any Marketplace services at any time. Where we do so for reasons other than force majeure, we will provide at least 15 days' prior notice with guidance on pending transactions.

Nothing in these terms will limit any liabilities in any way not permitted under applicable law, or exclude any statutory rights that may not be excluded. Subject to this, all limitations and exclusions of liability set out in these terms govern all liabilities arising under or in connection with these terms, including liabilities in contract, tort (including negligence), and breach of statutory duty.

You agree to indemnify us and keep us indemnified against any and all losses, damages, costs, liabilities and expenses (including legal expenses) arising directly or indirectly out of your use of the Marketplace, any breach of these terms, or any tax liability that arises from your failure to pay, withhold, declare or register to pay any tax properly due in any jurisdiction.

If you breach these terms, or if we reasonably suspect a breach, we may temporarily or permanently suspend your access to the Marketplace, block your IP address, contact your internet service providers, suspend or delete your account, and/or commence legal action against you. You must not attempt to circumvent any such suspension or restriction.

Entire Agreement. These terms, together with the Cinab codes, policies and guidelines, constitute the entire agreement between you and us regarding your use of the Marketplace.

Variation. We may revise these terms from time to time. Revised terms apply from the date of publication on the Marketplace.

No Waiver. A failure to enforce any provision of these terms does not constitute a waiver of our right to enforce it in future.

Severability. If any provision is found to be unlawful or unenforceable, the remaining provisions continue in full effect.

Assignment. We may assign or transfer our rights and obligations under these terms. You may not do so without our prior written consent.

Third Party Rights. These terms are for the benefit of you and us only and are not enforceable by any third party.

Governing Law. These terms are governed by the laws of Kenya and any disputes are subject to the exclusive jurisdiction of the Kenyan courts.