Terms and Conditions of Onlineduka

1. 1. By logging onto this site you accept all the following Terms and Conditions. As these are the only terms that OnlineDuka offers to their service, if you do not accept these terms and conditions you must refrain from using this OnlineDuka web site.
   2. These terms and conditions may be updated and will be effective immediately once placed on this web site it is your responsibility to ensure you stay familiar with the current and updated Terms and Conditions.
2. 1. OnlineDuka only provides the vehicle to facilitate the transactions OnlineDuka does not act as agents or take any part in the sale of items listed on this web site.
   2. OnlineDuka gives no Guarantees or warranties on the description, ownership or legal content of any item listed on this site. You accept and agree that OnlineDuka takes no part and is not responsible for other members or their ability or behavior. Without limitation all transactions are carried out entirely at your own risk.
   3. OnlineDuka makes no claim guarantee that the services provided will be error free, secure or uninterrupted.
   4. OnlineDuka accepts no responsibility for loss or damage which you may suffer whether directly or otherwise including information you may gain as a result of your use of this web site or from any link from OnlineDuka
   5. The responsibility of all advertising and the content that is on this web site or links is the total responsibility of the advertiser and OnlineDuka gives no recommendations or endorsements.

3. Liability and Indemnity

   1. OnlineDuka accepts no liability for loss damage whether consequential or directly that may be suffered as a result of use of these services or from information you gained from the OnlineDuka web site or links.
   2. You indemnify OnlineDuka from any claims damage or action including the cost of defending same that may be brought against OnlineDuka as a result of your misuse or misunderstanding of these Terms and Conditions.
      • Post content or items in an inappropriate category or areas on the Sites;
      • Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
      • Use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
      • Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
      • Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
      • Manipulate the price of any item or interfere with other user's listings;
      • Circumvent or manipulate our fee structure, the billing process, or fees owed to OnlineDuka
      • Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
      • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to OnlineDuka);
      • Transfer your OnlineDuka account (including feedback) and User ID to another party without our consent;
      • Distribute or post spam, chain letters, or pyramid schemes;
      • Distribute viruses or any other technologies that may harm OnlineDuka, or the interests or property of OnlineDuka users;
      • Copy, modify, or distribute content from the Sites and OnlineDuka copyrights and trademarks; or
      • Harvest or otherwise collect information about users, including email addresses, without their consent.

4. Becoming a Member

   1. You must be legally entitled to perform or action any task you agree to on this site.
   2. You must supply full and accurate personal information when you register and this must be maintained complete and current at all times.
   3. OnlineDuka reserves the right to terminate any membership that is in breach of these Terms and Conditions without involvement of discussion or correspondence.

5. The Rules of Trading.

   All listings, bids or communications made on the OnlineDuka web site shall be made in good faith, and all feedback you provide will be truthful, and non-offensive. You may only give feed back on members you are or have been trading with.

   You shall not attempt to damage or harm OnlineDuka site or services.

   You will not list your contacts (email, web, postal or phone) on the web site unless with the direct permission from. OnlineDuka

   All prices are in Kenyan shillings and include cents. All tax obligations are the responsibility of the seller and/or the buyer.

   Your obligations as a seller.

   All listings you make on OnlineDuka must be accurate, truthful and complete and you will not multiple list single items which include listing the same item in different categories. Sale of offensive material or items prohibited by law or items that you have no legal right to sell may not be traded OnlineDuka. Any listing you make on OnlineDuka must be within the law. You accept responsibility to indemnify us against any liability that OnlineDuka may incur to a third party arising out of the sale or listing of items by you.

   Once bidding has begun, a listing may not be removed from auction regardless of the reason.

   You will not sell speculative items including, but not limited to pyramid, surf-for-free or similar schemes on OnlineDuka.

   You shall not manipulate prices or assuming multiple roles in a single transaction.

   Sale of films, videos, DVDs, VCDs and Laser Disks:

   The sale of films, videos, DVDs, VCDs and Laser Disks is covered by the Films, Videos and Publications Classification Act. It is an offence to sell any of these goods if they have not been examined and classified by the appropriate agencies.

   Removal of listings:

   OnlineDuka reserves the right to remove any listings that it deems unsuitable or in breach of the terms and conditions.

   Your obligations as a buyer.

   You may not retract a buy and must have full intentions and means to complete the transaction before entering into the buying contract of your bid. Your entry confirms your legal right to enter into the contract.

   Be aware that if not identified the buyer is responsible for the cost of transport so it should be allowed for when making your bid.

   As the buyer when contacted on your success of your bid, you must follow and complete the transaction as agree to by your bid.

   Your user name and the amount of your bid will be publicly shown for the duration of the auction.

   Non-paying buyer.

   will only receive (1) one warning after complaint by a seller, and at the discretion of OnlineDuka our membership may be terminated. The second complaint by a seller will result in termination of the membership.

6. Fees and Accounts

   Listing Fees and Success Fees.

   Any non-commission listing fees are charged at the time of listing and are not refundable. Commissions or success fees charged on completed transactions may be refunded if the sale is not successfully completed. Refunds may be made at our sole discretion. OnlineDuka will only issue refunds in the form of credit to the account of the member. Cash refunds will not be issued. Credits on accounts are not transferable between members.

   OnlineDuka reserves the right to change the fees charged for any of our services. All fees charged to accounts by OnlineDuka are inclusive of VAT and in Kenyan shillings unless otherwise stated. No interest or other financial charges will be applied to account balances.

   Members may query success fees with OnlineDuka by written letter. After 30 days queries regarding success fees may not be considered and will be at the discretion of OnlineDuka

   OnlineDuka reserves the right to investigate queries regarding success fees with relevant parties.

7. OnlineDuka Accounts.

   OnlineDuka maintains credit accounts solely for the payment of fees and commissions. Accounts may not be used for the payment of items sold using our services.

   Members with negative account balances are required to settle any outstanding debts immediately. Members that fail to settle outstanding account balances may have their memberships suspended or terminated. OnlineDuka reserves the right to take further action to recover outstanding debts and all charges in relation to the recovery of outstanding debts are payable by the member.

   Members who request their memberships be terminated may be refunded the balance of any credit that they have deposited to their account above the registration charge only.

8. General provisions.

   • System Integrity: OnlineDuka will make the best possible efforts to ensure the best possible availability of OnlineDuka web site and services, however OnlineDuka takes no responsibility for any lack of system availability, or any losses that are incurred as a result of site availability or performance. OnlineDuka assumes no responsibility for the corruption of any of the data held by OnlineDuka
   • The laws of Kenya govern these terms and conditions.
   • Disputes should be resolved between the parties in dispute either directly, or through the use of an appointed dispute resolution expert. OnlineDuka does not mediate.
   • We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
   • If we do not use our rights as available to us under these terms and conditions on one occasion, it is not a waiver of those rights.
   • Access: we may terminate Access to this web site at any time without notice. Our disclaimer will survive any such termination.
   • Copyright: This web site is for the user but any monetary gain from the systems and programme designs are for the exclusive benefit of OnlineDuka. You may not without our written permission, make use of systems programmes or works from any part of this web site for Commercial gain or on-sell any information or items obtained from any part of this web site.