INTRODUCTION

Buy & Sell Online - Business cloud Kenya

Business cloud Kenya is The leading in B2B in Kenya. Businesses connect, buyers & sellers connect here. Buy & Sell in Bulk, plus free delivery in 24 hours. We are committed to providing a fair, trusted, and a secure online marketplace for buyers and sellers. To support this commitment, we have put in place terms and conditions that govern our expectations from buyers and sellers including the actions that the company will take to ensure that our customers are safe, and fully protected if something goes wrong.

The Terms and Conditions apply to Businessclaud’s site and any affiliate operated sites. By accessing our Site, you confirm that you understand our Terms and Conditions. If you do not agree with the terms, then that means you cannot use the company`s website. Kindly go through the Terms and Conditions listed below diligently before using this website as your use indicates that you agree to be fully bound by our Terms and Conditions without modification. If you are not sure or do not clearly understand any of the stated terms or in any case have questions regarding these Terms and Conditions, kindly do not hesitate to reach us for clarification. These Terms and Conditions fully govern the access of Businesscloud’s ecommerce Website.

TERMS AND CONDITIONS OF USE

Use of Business cloud kenya and all our existing Apps

For Buyers refund will be within 3-7 days, and we highly recommend cash on delivery especially if you are a first time buyer or a visitor to the site. Pay, once you see your product.(Kindly note that the refund will be from the seller company involved. Business cloud kenya as a company does not sell anything but businesses and companies around you are selling on Business cloud kenya)
Image editing on your behalf is free provided you paid for the three months package i.e from 5000 Kenyan Shillings and above
Image Posting on your behalf is free provided you paid for the yearly i.e from 9000 Kenyan shillings and above (Please remember you will still have to cooperate with our employees for posting to happen. Understand that we will need more information if required about your products eg product price and so on, without your cooperation posting on your behalf may not happen).
For sellers beyond certain orders per day or per week, we might charge 2% to 15% commission on every product that you sell so as to facilitate smooth deliveries. Even as we work harder to help you build your business please understand that it takes money to facilitate these programs
For sellers, Businessclaud will never close your account until you have made some good sales and recovered all your money plus profit. The money you pay goes to services that you agreed upon like image editing on your behalf and so on. Sellers are never refunded because of the other work that we do like image editing, Posting, customer service, intensive marketing, deliveries among others.
We guarantee results, this means if you don't sell as promised, Businessclaud will never close down your account even if your period expires... until you recover all the money plus profit
For sellers Photography is an added advantage in any of our package from 9000 and above, However its not compulsory that Businessclaud should do it hence we give an option for you to work on Photography and then re-submit them for posting via info@businessclaud.co.ke
Posting is an added advantage to our clients who paid any amount from 9000 however without coorperation ( to get your price, descriptions and so on) its not possible for it to happen hence its not compulsory that Business cloud Kenya does it for you, what we do is give you an account where you can start selling
Your account may be closed with immediate effect if you are found to be doing one of the following
1. Using your account to commit Fraud or Exploit our customers
2. Not following proper guidelines regarding posting
3. Not following proper guidelines regarding image editing
4. Failure to respond to customer orders within the set timelines ie 24 to 48 hours
Businessclaud may adjust your prices if need be to make sure your customers are not delayed with deliveries
You should be 18 years of age or accessing our Site under a legal guardian or parent`s supervision. You shall not use our services if you are indefinitely or temporarily suspended from accessing our site, tools, and services.
You shall not post inaccurate, false, deceptive, libelous, defamatory, misleading, or inaccurate content on our site
You shall not upload or post items or content in inappropriate areas or categories on our site
We allow you a non-transferable, non-exclusive, and revocable use of our site, in regards to our Terms and Conditions of Use, for things like shopping for personal products sold on this site, gathering prior information on our products and services, and making purchases.
Commercial use or use on behalf of any third is not allowed, except as explicitly consented by us in advance.
Some services or any related features available on our Site may require subscription or registration. Should you decide to subscribe or register, you agree to give current and accurate information about yourself and to promptly update such information in case of changes.
Every user on our Site is responsible for keeping passwords and any other account details safe and secure. You as the owner of the account is solely responsible for all activities that occur under such account or password. In addition, you should notify us of any unauthorized use of your account or password.
The Site shall not be liable or responsible, both directly and indirectly, in any way for any damage or loss of any kind incurred as a result of, or in regards to, your failure to comply with our Terms and Conditions stated in this site.
During the registration process, you agree to receive promotional emails from this Site. You can as well opt out of receiving such emails by clicking on a link provided at the bottom of any promotional email.
You shall not post or in any way distribute spam, unsolicited, or bulk chain letters, pyramid schemes, or electronic communication on this Site
You shall not infringe the trademark, copyright, moral, patent, database, publicity, or any other intellectual property rights that belong to or are licensed by Businessclaud.
You shall not fail to pay for any product purchased by you unless you have a valid reason.
Our terms and conditions prohibit actions like accessing our internal computers or servers which could in any way interfere with the functionality of our website, altering, or gathering any underlying software code, or infringing any intellectual property rights
A breach of our User Terms and Conditions shall lead to immediate closure of your account. Should we from our end determine that you have breached the User Terms and Conditions, we have the right to deny you access to Businesscloud`s Website and its contents. This will be done without prejudice to any available remedies at law or otherwise.

A member should also NOT :

Violate the Product Listing Policy, other Terms or any applicable Additional Agreements
Violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
Not contain any link directly or indirectly to any other Web Sites which includes any content that may violate the Terms.
Each Member further represents, warrants and agrees that you shall/are:

Carry on your activities on the sites in compliance with any applicable laws and regulations.
Carry on your activities in accordance with the Terms and any applicable additional agreements.
Not use the Services or Sites to defraud any person or entity including the use of stolen credit/debit cards)
Not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity.
Not engage in spamming or phishing.
Not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities.
Not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
Not engage in any activities that would otherwise create any liability for Business cloud Kenya or our affiliates.

Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.

Arbitration

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.

Severability

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

Miscellaneous Provisions

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

User Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.

You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review Business cloud Kenya and your purchase and c) promotional emails, SMS and push notifications from Businessclaud. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email us through the address provided on the website.

Information available on the website

You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either representation or a warranty or a guarantee.

We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

Accessibility of Website

Our aim is to ensure accessibility to the website at all times, however, we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

Links and Third Party Websites

We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products, and services, available on third party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

Intellectual Property

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors. Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

TERMS AND CONDITIONS OF SALE

General

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase. These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

Formation of Contract

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process. Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

Acceptance of Electronic Documents

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Payment and Pricing, and Refund

Businessclaud.com is determined to offer the most accurate pricing information on our site to our users, however, sometimes errors are bound to occur, for instance where the price of a product is not displayed correctly on our website. As a result, we reserve the right to cancel or refuse any order. In cases where an item is wrongly priced, we may at our discretion, contact you for instructions or cancel your order and notify you of such cancellation.

We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.

Delivery

Businessclaud.com’s website will only deliver goods to customers within Kenya. Goods will be delivered within the stipulated timeline set out on our site. Nevertheless, delays may occur due to unforeseen circumstances. We will not be under any liability for delivery failure or delay of the product within the estimated deadline where they did not occur as a result of negligence or our fault. You agree not to hold us liable for any failure or delay to deliver products. You are required to perform any obligation as stated in our Terms and Conditions of Sale if the same partly or wholly caused directly or indirectly by circumstances beyond our reasonable control.

Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Businessclaud.com’s services or your breach of any law or the rights of a third party.

Purchase Conditions

When buying an item, you agree to the rules and policies for buyers and that:

You are responsible for reading the full item listing before committing to buy

You enter into a legally binding contract to purchase a product or service when you commit to buy it.

Authorization to Contact You; Recording Calls; Analyzing Message Content

Businessclaud.com may contact clients using auto-dialed or prerecorded calls and text messages, at any telephone number that you have provided us, too (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.

Businessclaud.com may also contact you using auto-dialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions) if you consent to such communications.

Businessclaud.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with eBay or its agents for quality control and training purposes, or for its own protection.

Businessclaud.com`s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Businessclaud.com`s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message are sent, or while in storage, and may result in your message being delayed or withheld. Businessclaud may store message contents, including to conduct this scanning and analysis.

Delivery Guidelines
Contents
1. About these Guidelines: purpose; scope; and application
2. How to deliver your products to Businessclaud
3. Return to seller or forfeiture of inventory
4. The consequences of violation of these Guidelines
5. Further information
1. About the Delivery Guidelines
1.1. Purpose
The purpose of these Guidelines is to provide information to Businessclaud’s sellers on
delivery to Businessclaud of products sold to buyers on the Businessclaud marketplace.
1.2. Scope
These Guidelines cover:
● how to deliver products to Businessclaud for drop shipping i.e. seller’s fulfilment of orders
for onward delivery to buyers by Businessclaud;
● when Businessclaud may return products to the seller; and
● when the seller’s products may be forfeited.
1.3. Application
These Guidelines apply to delivery of products to Businessclaud for drop shipping only.
Where the seller has subscribed to Businessclaud Express, the Businessclaud Express Guidelines shall
apply.
2. How to deliver your products to Businessclaud
The process for drop shipping to Businessclaud is set out below.
Confirming orders
Once the order is confirmed:
● it will appear in Seller Center as a pending order; and

● the seller shall prepare the product for shipping and mark the order as “ready to
ship” within period specified on Seller Centre.
Fulfilling orders
After marking the order as “ready to ship” the seller shall:
● print the buyer payment receipt and put it inside the package; and
● download the shipping label from Seller Centre and attach to the outside of the
package. Only Businessclaud shipping labels may be used, and the label must not be
covered or obscured. Incorrect labelling will result in delay or cancellation.
Hand over to Businessclaud
● The seller may either drop off their products at the designated location or, if they
have opted for pickup as a value-added service, Businessclaud shall arrange collection
from seller’s location.
● The seller will receive a handover receipt for products collected by Businessclaud, which
will be the proof of handover.
● Upon delivery/collection, Businessclaud shall inspect products and packaging as may be
required by Businessclaud’s quality control process.
● Businessclaud reserves the right to reject products (refuse receipt) if: it deems them to be
non-compliant in respect of quantity, quality, specifications or packaging; or
products are counterfeit (in which case the seller will be managed in accordance
with the Businessclaud’s Anti-Counterfeit Policy). Such non-compliance may result in a
penalty for the seller in accordance with the terms of the Seller Penalty Policy.
Distribution and delivery of products to buyers
● Businessclaud takes responsibility for delivery of orders to buyers and shall return all
failed deliveries to the seller within the agreed period.
● Businessclaud’s “Vendor Promise", available on the website, provides that, after handover
to Businessclaud, the seller shall receive either: payment for the item if it is delivered to
the buyer or lost by Businessclaud; the item back within a specified number of days if
Businessclaud fails to deliver or if the item is returned by the buyer.
3. Return to seller or forfeiture of inventory
3.1. Return to seller
Businessclaud may return items to the seller at any time and for any reason, including:
● damage, defect or expiry i.e. products not in sellable condition;
● failed delivery to buyer; or
● buyer returns.

Delivery to seller location may be available as a value-added service; please check
with your Seller Support Center.
Businessclaud shall notify sellers of items available for collection by sending an email to their
primary email address as recorded in Seller Centre. Such email shall list the items for
collection and state the location and duration for which they will be available for
collection.
Returned items shall remain available for collection at the drop off point for 7 days.
Collection shall be by an authorised individual with a password as per the picker
process.
Once the collection window has lapsed, the items shall be moved from the drop off point
to Businessclaud’s central hub for collection within the further window of time set out in section
3.3 below and Businessclaud shall, in its discretion, either:
● cease to accept new deliveries from the seller; and/or
● charge the seller in respect of costs of storage of the items.
(Note that in Tunisia and South Africa collection locations and windows vary from
standard process as per table at section 3.3 below.)
3.2. Return of damaged items
The seller shall have the opportunity to inspect all returned items at the point of
collection, in the presence of Businessclaud personnel. In the event of any damage to the
items, the seller may submit a claim to Businessclaud.
In order to submit a claim in respect of alleged damage to items, the seller shall be
required to:
● photograph items at the point of collection;
● collect such items; and
● submit a claim via seller Centre within 48 hours of collection.
Failure to collect the items or otherwise strictly adhere to the claims process set out
above shall render the claim invalid.
Businessclaud’s compensation to the seller in respect of damaged items shall be determined, in
Businessclaud’s discretion, by the level of damage (e.g. damage to packaging only will result in
partial refund only) and shall be no more than the cost price of the items.
3.3. Forfeiture of inventory
Forfeiture of inventory refers to transfer of title in respect of the products from the
seller to Businessclaud or to a third party nominated by Businessclaud e.g. a charity, at no cost, free
and clear of any liens, claims, security interests or other encumbrances.

Specific items shall be forfeited in the event that the seller requests forfeiture, or will
take place automatically in the following circumstances:
● the seller fails to collect items from the notified location within the pre-determined
forfeiture window;
● the item creates a safety, health or liability risk; or
● the seller has engaged in fraudulent or illegal activity.
Businessclaud may dispose of forfeited items in any manner that it determines appropriate
e.g. by sale, donation, recycling or destruction.
The forfeiture windows for each market are listed in the table below. They are inclusive
of the 7 day period during which the items are available for collection at the original
drop off point.
Country Number of days at
drop off hub
Number of days at
central hub
Total forfeiture
timeline
Egypt 7 23 30
Nigeria 7 14 21
Kenya 7 23 30
Morocco 7 23 30
Ivory Coast 7 14 21
Ghana 7 14 21
Uganda 7 14 21
Tunisia 7 14 21
Senegal 7 14 21
South Africa 7 23 30
Algeria 7 23 30
Any proceeds of forfeiture shall be deemed to cover Businessclaud’s costs.
4. The consequences of violation of these Guidelines
Failure to comply with these Guidelines may result in Businessclaud taking one or more of the
following actions:
● refusing receipt of the products;
● returning the products to the seller; and/or
● applying a financial penalty as provided for by the Seller Penalty Policy.

5. Further information
If you are a seller and you have any questions about this Policy, please contact our
Seller Support Team.
1 August 2021

Buy & Sell Online - Business cloud Kenya

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