Terms of Use

These Terms of Use (the "Terms") constitute a binding and enforceable legal contract between More Classifieds Limited, its affiliated companies (together, the "Agency") and you. Please read these Terms carefully.

Your access and use of the More Trade website and mobile applications, as well as any service, content, and data available via them (together, the "Service" or the "Platform") are governed by these Terms.

If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.

Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

In order to use certain features of the Service you may need to register an account on the Platform (the "Account") and provide certain information about yourself, and your business as prompted by the registration form. These may include and not be limited to upload of the registration certificate, your national ID and KRA PIN.

You may create an Account as an individual or as an authorized representative of a company.

You can register only one Account. If more than one person accesses its Account from the same device, we may request to upload the proof of identity to avoid duplicate accounts.

You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.

You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service.

We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

The Platform is an online service that allows users to create and publish announcements, to view announcements published by other users, to communicate with other users using the contact details provided in the announcements.

The Agency itself is not an importer, manufacturer, distributor or seller of any item, as well as not a provider of any service posted by users on the Platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and the Agency itself is not a party to such transactions.

Users shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their goods or services posted on the Platform.

The Agency reserves the right to delete or block access to announcements posted by users without any notice in the event of:

• Receiving of mandatory judgments of competent public authorities.
• Claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the Platform.
• Infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request.
• Detecting that an announcement breaches these Terms or any applicable law, regulation, rule or standard.

Each user of the Service is solely responsible for any and all his or her User Content. You agree that the Agency will not be responsible for any loss or damage incurred as the result of any interactions between users. If there is a dispute between you and any Service user, we are under no obligation to become involved.

You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users.

A user shall provide to the Agency any documents confirming the legitimacy of posting of announcements and identity documents upon the Agency's request.

A user, who posts announcements with regard to sale of goods or services on the Platform, shall provide precise and complete information about such goods and services, as well as about the terms and conditions of sale and services provision.

The terms and conditions of sale and services provision developed by the user shall not interfere with these Terms and applicable laws.

Price of goods or services shall be at the discretion of the business owner. If it is perceived to be changed due to any specific circumstances, this shall be provided in the announcement by the business owner.

The Platform is generally a premium rate service provider; however, it may contain free/limited time free services. For instance, we may set limits for publishing announcements in certain categories or offer advertising options for announcements on the Platform.

The fees we charge for using payable services and payment methods accepted by us are disclosed on the Platform.

We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.

Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.

You agree to indemnify and hold the Agency, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys' fees, made by any third party due to or arising out of:

• Your use of the Platform.
• Your User Content.
• Your violation of any representation, warranty, covenant, or obligation stipulated in these Terms.
• Your violation of any applicable law, industry-standard, regulation, guideline, or rule.
• Any transaction entered into by you via the Platform or your violation of the terms of such transaction.

The Agency reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the "User Content") remain your intellectual property, and the Agency does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content.

You grant the Agency the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display and perform the User Content in connection with the Service, including for the Agency's marketing, advertising, and other purposes.

Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions ("Materials") and trademarks, service marks and logos ("Marks") belong to or are licensed by the Agency. Any use of such Materials and Marks without prior notice of the Agency is not allowed.

To report a claim of intellectual property infringement, send a notification to legal@moretrade.co.ke including the physical or electronic signature of the rights holder, identification of the copyrighted work, identification of the infringing material with its URL, your contact information, and copies of relevant rights documents.

These Terms shall be governed in accordance with the laws of Kenya.

Any dispute, controversy or claim arising out of or in connection to this contract, or breach, termination or invalidity thereof shall be settled by arbitration in accordance with the NCIA Arbitration Rules. The language to be used in the arbitral proceedings shall be English.

Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.

If we fail to take an action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

In no event shall the Agency be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Agency's reasonable control.