The domain name www.muriash.com (hereinafter the "Website") is a company incorporated under the Companies Act, having its registered office in Jebrok, Kenya (hereinafter referred to as "muriash").
These Terms and Conditions of Use shall apply to all Persons who access the Website (as defined below) and to all Persons to whom Services are provided by muriash, the owner of the Website. muriash essentially owns and operates an online market place on its Website which acts as an online platform for different sellers to sell their products (hereinafter "Sellers") and for different Users to access a range of Products and to purchase the Products (as defined below) offered by Sellers;
Once accepted or deemed accepted (as stated herein), the Terms shall form the legal contract (hereinafter "the User Agreement") between a User and muriash vis-à-vis the use and access of the Website, provision of Services and all other matters arising out of or in connection therewith.
Acceptance of the Terms, Modifications and Consequences of Violation of the Terms
Please ensure that you read and understand the Terms carefully. By accessing the Website and/or using the Services, you agree to be bound by the Terms and signify your, free, absolute and unqualified acceptance thereof without fraud, coercion or undue influence. If you do not agree with any of the Terms, please do not access the Website or use the Services. The User further represents that the User has the necessary capacity to contract under Kenyan laws or the laws applicable to the User and is capable of performing the obligations required of the User under the Terms. The User shall be obliged to inform muriash of any subsequent disability to contract, upon which muriash shall be entitled to terminate the User Agreement without notice or to modify or alter the Terms in their application to such User.
muriash may amend/modify the Terms at any time, and such modifications shall be notified via email to our registered users and will be effective immediately upon posting of the modified Terms on the Website. You are required to review the modified Terms periodically (as often as possible) to be aware of such modifications. Your continued access or use of the Website or the Services shall be deemed proof of your acceptance of the Terms as modified.
In the event that you access or use the Website or the Services in contravention or violation of any of the Terms, you shall be deemed to be an Unauthorized User and muriash shall be entitled to terminate the User Agreement immediately, block your Registered Account and remove any information or posting which is does not comply with the terms or any law in force in Kenya. muriash shall also be entitled to block access by you to the Website and / or seek any additional relief as available under law.
Unless the context otherwise requires or unless otherwise defined or provided for herein, the capitalized terms used in the Terms shall have the following meanings:
shall mean any laws of Kenya including any rules and regulations which may be applicable vis-à-vis the Services being provided under these Terms or on account of breach of any of these Terms;
shall include: Registered Users, i.e. and Guest Users (as defined below); “Buyer” shall mean and include any Person who visits the Website to purchase any of the Products listed therein, either as a Registered User or a Guest User;
"muriash" or "we/our/us"
shall mean muriash, incorporated under the laws of Kenya, having its registered office at 318 Gimarakwa, Gambogi - Serem Road, Jebrock, Kenya., being the owner of the Website and its representatives, officers, successors and assignees; and as referred to in these Terms (as defined below);
shall mean Persons other than Registered Users who have access to the Website with the intention to browse the Products available without a Registered Account and who may purchase Products without being a Registered User;
shall include all patents, copyrights, trademarks, logos, brand names, corporate names, designs and artistic creations and all information, ideas, technology, software, and processes of inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered;
shall mean and include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated;
shall mean the construction related product(s), made available by the Seller for sale on the Website and includes but is not limited to construction materials, furniture fixtures, home accessories, lights, carpentry material, painting materials etc.;
shall mean the amount payable by the buyer to muriash on account of services rendered by muriash for purchase of product, muriash can impose fees on the buyers in any nature or form or in any name like Service fee etc.
shall mean the user accounts created by the Registered User on the Website with a user login ID and password for the purpose of availing of the Services and all codes, information, passwords and other information pertaining to the Registered Account;
shall mean Persons registered with the Website with a login ID and password and who hold Registered Accounts and may include a Buyer or a Seller;
shall mean any Person who is a Registered User who will be providing the Products for sale to the Buyer in pursuance of the order placed on the Website and subject to the Terms;
shall mean the services offered by muriash through the Website whereby a Authorized User may access the Website to view, upload and access a range of Products displayed therein to sell and to purchase the Products offered by the Sellers;
would mean any Person who does not have a legal right to access the Website or avail of the Services, any Person who has for any reason (by the operation of law or otherwise) been prohibited from accessing the Website or availing of the Services or hackers. Such Unauthorized User would also be fully bound by the terms, conditions and obligations set forth in the Terms and shall be liable to abide by the same;
"User(s)" or "you/your"
shall include both Authorized Users and Unauthorized Users;
shall mean the legally binding contract deemed to exist between a User and muriash and shall consist of the Terms as modified from time to time. However, it is hereby clarified that insofar as these Terms also apply to an Unauthorized User, the User Agreement shall only serve to define the obligations and liabilities of such Unauthorized User and shall not bind muriash to perform any services or conditions or obligations, nor does it entitle the Unauthorized User to claim any rights, protection or benefits of any nature whatsoever thereunder;
shall mean the e-commerce website “www.muriash.com ” shall mean the e-commerce website “www.muriash.com” and further web pages/websites created by or on behalf of muriash related to the above-mentioned site;
The singular includes the plural and vice versa, and words importing a gender include other genders.
Role of muriash
The role of muriash is that of an intermediary and the Website is in the nature of an online marketplace whereby Users may browse through the various Products which may be purchased through the Website from the Sellers. In this regard, it is clarified that the role of muriash is limited to putting the Buyers in touch with the relevant Sellers for the provision of the Products and services and all commercial/contractual terms are between Buyers and Sellers alone, which includes without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to Products and services including post sale services related to the Products. muriash neither exercises any control nor does it determine, advise, solicit or in any way involve itself in such commercial/contractual terms between the Buyers and Sellers. muriash does not assume responsibility for the Products and services provided by the Sellers. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell Products and the contract for sale of any of the Products or services shall be a contract only between the Seller and the Buyer.
Browsing, Access and Placing Orders on the Website
You may access the Website for obtaining information on the Products offered through the Website, availing information on the Products, obtaining information regarding Sellers (without violation of the User Agreement) and related matters. Access and use of the Website is prohibited for Unauthorized Users.
When you access the Website or in order to avail of the Products and Services listed on the Website, you may do so by creating a Registered Account on the Website. You will be permitted to access and browse the Website without creating a Registered Account (Guest User) provided that you are not an Unauthorized User. You may use this Registered Account for future transactions or interactions with the Website as well.
We recommend that you create a Registered Account when you use the Website for the following reasons, amongst others:
The User may be required to submit certain information mandatorily in order to open a Registered Account or avail of the Products and services. In the event that the User does not submit such information, muriash shall have the right to restrict the nature of information made available to such User and may also refuse to provide all or any Services to the User. All such mandatory information as well as optional information shall be true and correct in every aspect. The User shall be solely liable for any consequences (civil and criminal) on account of the User submitting incorrect, false, deceptive, misleading or wrong information for any reason whatsoever. muriash shall not, under any circumstances whatsoever, be liable for any such incorrect, false, deceptive, misleading or wrong information submitted to muriash or for ensuring the authenticity of any information. For more information on muriash’s and User’s liabilities for information, please see the Disclaimer available.
Registered Account Access
Placing of Order and Payment
Once the User accesses the Website as a Buyer, he / she may go through the various Products and services listed therein on the Website and choose the one as per their needs.
Prices of the Products displayed on the Website are deemed to be a part of the Terms and are subject to change as maybe determined and displayed by a Seller.
After the Buyer's order is finalized and confirmed, the buyer has to make payment of convenience fee along with the total product price, thereafter Buyer may choose to make payment for his / her order in several ways:
Some of these payment methods may not be available at all times, and the Buyer may be required to choose another form of payment. Further, each payment method the Buyer chooses may be subject to certain restrictions or conditions as detailed in these Terms.
Where the Buyer uses a debit card, credit card, the Buyer must provide us with the correct information pertaining to the cardholders name, card type, the card number, the card expiry date and the security code on the back of the card (if any), in order to make payment on the Website. The Buyer shall be responsible for the correctness of the information provided. While availing of the various payment methods listed on the Website, muriash shall in no way be responsible or liable for any loss or damages incurred directly or indirectly to the Buyer in case of the following:
Once the Buyer chooses a payment method, the Buyer will be redirected to a secure payment gateway where he / she will be required to complete the transaction. Please note that such gateway is a third party site and will be governed by its own terms and conditions. We shall not be responsible for any activity, security breaches, claims or losses of any nature whatsoever that may occur on such site. For further information on our liability for third party sites, please see the Disclaimer available.
Credit facility can be extended by the seller to the buyer via muriash.com, such credit terms shall be a bipartite between the buyer/builder and the seller/supplier alone and muriash shall have no liability for credit extended by seller. The buyer hereby expressly agrees that any order placed on credit terms, it shall be the sole responsibility of the buyer to make payment on time. Seller shall do complete due diligence on the buyer before agreeing the credit terms with buyers. muriash shall have no liability for any default/non-payment of order amount from buyer relating to the credit transaction.
The Buyer hereby agrees and acknowledges that muriash does not qualify to be a banking or financial service but is merely a facilitator providing an electronic, automated online electronic payment facility, receiving payment through cash on delivery option, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks.
If muriash has reason to believe that the Buyer has a prior history of questionable charges including breach of agreements with muriash previously or violation of any laws, policies, or any charges imposed by a banking facility, muriash, in the protection its own interests, reserves the right to refuse to process transactions of such Buyers
Incase Buyer defaults on payment or in the event of a cheque bounce, either muriash or Supplier or jointly, have the full right to initiate appropriate legal action to recover the full value of the supplier invoice, interest, legal and other applicable charges.
muriash may do such checks as it deems fit, to confirm credibility and commitment of Buyers, when they are opting for the cash on delivery for the Products, for security or other reasons at the discretion of muriash. As a result of such a check if muriash is not satisfied with the creditability of the Buyer or genuineness of the transaction, it will have the right to reject the receipt of / Buyer's commitment to pay cash on delivery for the Products purchased.
muriash may delay notifying the Seller to dispatch the Products to the Buyer, if muriash deems a transaction of unusually high volumes to be suspicious, to ensure safety of the transaction. In addition, muriash may inform the Seller to remit the monies paid by the Buyer (instead of refunding the same to Buyer) or dispatch Products to law enforcement officials, at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
muriash undertakes to make every reasonable effort to ensure that the Seller delivers the Products according to the delivery schedules mentioned by the Seller on the Website, at the time of confirming the order, however these are not fully guaranteed.
Weekends, public holidays, together with delays caused by events beyond the control of the Seller are not included when the Seller publishes the estimated number of days for door to door delivery times on the Website. The route and method of by which the Product is transported shall be at the sole discretion of Seller.
Undeliverable or Rejected Products
In a situation where the Seller / authorised personnel is unable to deliver the Product to the specified address, they will try and leave a notice at the address of the receiver / Buyer stating that the delivery has been attempted and where the Product can be collected from. If the delivery has not been successful after one more attempt or the receiver / Buyer has not collected / refuses to collect the Product from the address mentioned in the notice, the Seller shall contact the Buyer for further instructions with regard to the delivery of the Product. The Buyer hereby agrees to bear the costs incurred by the Seller in forwarding, disposing of or returning the Product to the Seller and the charges (if any) for making a third and final attempt at delivering the Products to the receiver / Buyer.
It being further clarified that in case the Seller does not receive any instructions from the Buyer within 30 (thirty) days from the time the Seller / its authorized personnel had contacted the receiver / Buyer after the second attempt to deliver the Products, then the Buyer agrees and gives the Seller the permission to destroy, dispose or sell the contents of the Products as they please, without any further liability to the Buyer.
All Products for display on the Website may carry warranty, if any, provided by the respective Seller. Since muriash acts only as an intermediary, muriash does not make any representation or warranty as to specifics of the Products (including but not limited to quality, value, salability, etc) or services listed on its Website for sale by the Sellers. muriash shall not have any liability whatsoever for any aspect of the arrangements between the Seller and the User as regards the standards of the Products or services provided by the Sellers and muriash accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Replacement or warranty on each Product supplied by the Seller shall be as determined and specified by the Seller against the specific Products displayed on the Website. The Buyer is hereby advised to go through the conditions of replacement and warranty, if applicable, before making a purchase of the Product.
The Buyer shall be entitled to claim refunds in case the delivery of the Products is delayed more than 7 days beyond the agreed time of delivery, as indicated by the Seller on the Website. To claim refund in cases of delayed delivery, the Buyer can contact our customer care at [email protected] and the refund shall be processed upon due verification of details by us, and in accordance with the refund policy specified in these Terms.
Limitation of muriash's Liability
While muriash has taken steps to ensure that all the information on the Website is correct, muriash does not guarantee and shall not be responsible for the quality, accuracy or completeness of any data, information, Services, except as specifically mentioned in the Terms.
muriash shall not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the Website, third-party actions) arising out of or in connection with the provision of the Services or access of the Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.
Notwithstanding the above, if muriash is made party to any suit or legal proceedings, the liability of muriash for any reason whatsoever pertaining to the Services provided to the User, including without limitation for loss, damage, wrong delivery, non-delivery of the Products or any part thereof or for breach of these Terms, willful negligence on part of muriash, is limited to the value of the transaction conducted by a Registered User / Guest User on the Website.
Use of Information
shall mean and include, but is not restricted to, all information that is technical, and commercial concerning business, books of record and account, financial data, systems, software, services, wages related information, documents, prototypes, samples, media, documentation, discs and code, trade secrets, know-how, proprietary information (including listings and member directories), business and marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of muriash or its group companies, partners and affiliates, and analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided by muriash or a third party Person on behalf of muriash to the User pursuant to access or use of the Website or the Products displayed therein or Services, or any other information which may come to the knowledge of the User and whether or not marked as Confidential Information.
The User hereto agrees that the User shall not disclose the Confidential Information to any third party under any circumstances whatsoever without the prior written consent of muriash and that he / she will use such confidential / proprietary information solely for the purposes of availing the Services.
Further, the User shall reveal Confidential Information to its employees or agents or other associates strictly on a "need to know" basis and shall impose upon them the confidentiality obligations stated herein.
The obligation of non-disclosure described herein, will not be deemed to restrict the User from using and / or disclosing any of the Confidential Information which:
No User shall use Confidential Information obtained from the Services for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way or reproduce, copy, access or download such Confidential Information for any purpose other than the User’s internal or personal purposes and undertakes to not make modifications to such information or make additional representations and warranties relating to such documents.
Any violation of the above Terms by the User shall be treated as a material breach of the Terms entitling muriash to terminate the User Agreement, seek injunctive relief, damages and any other relief provided under law against such User.
Upon the termination of the User Agreement, the User shall return to muriash all original documents, records, data and other material in the possession, custody or control of the User forming a part or incorporating any Confidential Information therein.
The obligations set forth in this clause shall inure irrespective of the termination of the User Agreement for any reasons whatsoever.
Intellectual Property of muriash and Third Parties
While muriash owns all the Intellectual Property rights in the listings and databases, layout and design of the Website, all logos, brands, trademarks, designs, copyrights, service marks and related Intellectual Property rights in the Products being sold to the Users, shall be the sole and exclusive property of Sellers who are displaying their Products on the Website. The Sellers in displaying their Products on our Site have represented that they either own or are authorized licensed owners in such intellectual property rights.
Access to the Website does not confer upon the User any license or right of any nature to use such logos, brands, trademarks, designs, copyrights and service marks and the User is prohibited from using the same in any manner. In the event that the User violates the above Terms, muriash of the rights in such logos, brands, trademarks and service marks shall be entitled to proceed against the User for the protection of its rights, including (but not limited to) injunctive relief and damages.
Any use by the User of such Intellectual Property (whether during the term of the User Agreement or thereafter) for any reason whatsoever or in any media whatsoever, or any act committed by any User with the intention to violate or facilitating the violation of such Intellectual Property rights shall constitute a violation of the Intellectual Property rights of muriash and muriash shall be entitled to take all action and/or initiate all legal proceedings of any nature in order to protect its rights and prevent further violation thereof, including (but not limited to) damages and injunctive relief.
In addition to the obligations on the User contained elsewhere in the Terms and without prejudice to the generality of any other prohibition contained therein, every User shall be prohibited from the following:
In the event that you become aware of a violation of the above Terms by another User, we would request you to please inform our Grievance Officer (whose details are given below in this document) in writing or through email signed with an electronic signature of the same in as much detail as possible. Before we take any action, we may request you for further information as required by us or by law (as amended from time to time), based on which will we consider the next course of action to be adopted against such violations.
In the event that the User breaches, violates or does not comply with any of the above mentioned covenants, then, without prejudice to any other rights of muriash under the Terms or under law, muriash shall have the following rights:
In the event that any User commits or attempts to commit or abets the commitment of, in the sole discretion and opinion of muriash, a breach of any nature whatsoever of the Terms or the User Agreement, whether in letter or spirit, then without prejudice to the rights of muriash contained elsewhere in the Terms or under law, muriash shall have all the following rights:
In the event that a User is blocked, suspended or otherwise prevented or prohibited from accessing the Website, Services and / or the User's Registered Account, then the User shall not attempt to access the Website or procure Services through another User's Registered Account or by creating another Registered Account or through any other false identity.
The User agrees that the User shall indemnify and keep indemnified muriash, its group companies, subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such Person on account of any act or omission of the User while accessing the Website or availing of the Services or a breach of the Terms committed by the User.
If muriash's performance of any of its obligations hereunder is prevented, restricted or interfered with by reason of fire or other casualty of accident, strike or labour disputes, maintenance or failure of any network, computer resource, system or server, failure of the server’s uptime, war or other violence, any law or regulation of any Government, or any act or condition whatsoever beyond its reasonable control (each such occurrence being hereinafter referred to as "Force Majeure") then muriash shall be excused from such performance to the extent of such prevention, restriction and interference provided, however, that muriash shall give notice (except where such notice is impractical or not possible) to the User of such Force Majeure, including a description, reasonably specifying the cause of non-performance hereunder, whenever such causes are removed.
In the event that muriash's performance of any of its obligations hereunder is delayed as a result of a Force Majeure, the obligation of muriash to perform such obligation shall stand extended for the term the Force Majeure existed. However, in case muriash is unable to perform any material obligation under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure, then either of the Parties will have the right to terminate this Agreement effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.
muriash may, without notice in its sole discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and / or restrict a User’s use or access to the Website and / or Service (or any part thereof) for the following reasons:
The above termination shall be without prejudice to the other rights of muriash whatsoever.
In addition to the above, either muriash or a User may terminate the User Agreement by giving the other a prior written notice of 7 days to this effect without assigning reasons. At the discretion of muriash, such notice period may be waived or reduced by muriash vis-à-vis a User.
muriash shall have the right, at its sole discretion, to carry out maintenance, repair, upgrading, testing, updating content or other works on the Website or to its servers at any time, and for such reason may deactivate or suspend the User’s Registered Account, access to the Website or the Services. muriash shall not, for any reason whatsoever, be liable for losses and damages of any nature whatsoever on account of the above.
Modification to Services
muriash shall be entitled to add, delete, modify, cease, discontinue, amend or change all or any of the Services at its discretion at any time. Such addition, deletion, modification, cessation, discontinuance, amendment or change shall take effect with immediate effect. On no account shall muriash be liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment or change to any Service.
muriash does not endorse or recommend any advertiser or any of their products or services. All correspondences, commercial dealings and transactions of any nature whatsoever by a User with such an advertiser, and all the terms of such dealings transactions (including but not limited to sale prices, fees, warranties, representations and other conditions) shall be at the User’s own risk and as agreed between such advertiser and the User alone. muriash shall not, under any circumstances whatsoever, be held liable for any aspect or dispute arising out of or in connection with any such dealings or transactions.
Additional Communication via Messages
In addition to sending you SMSs in consequence of a transaction by you on the Website, we may also send you SMSs with promotional content on our offers, sales, discounts and related information if you agree to this at the time of accessing the Website. In such cases, you expressly disclaim and waive all claims and complaints against muriash in the event that you receive such SMSs, irrespective of whether or not you have registered on the National Customer Preference Register, and will indemnify muriash for all or any losses, damages, suits or claims made on muriash on account of such SMSs being sent to you.
Relationship between the Parties
The relationship between muriash and the User shall be on a principal-to-principal basis and nothing in the Terms shall be construed so as to imply a relationship of agency, employment, partnership, joint venture, franchise or technical collaboration between both muriash and the User.
Governing Law and Jurisdiction
These Terms and the User Agreement shall be governed by and construed in accordance with the laws of Kenya. All disputes arising out of or in any way connected with these Terms and / or the User Agreement shall be deemed to have arisen at Jebrok, Kenya and the appropriate courts of law in Jebrok, Kenya shall have exclusive jurisdiction to resolve the same.
Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.
If one or more of the provisions hereof shall be void, invalid, illegal or unenforceable in any respect under any Applicable Law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any way.
muriash may assign the User Agreement to any Person without notice to the User. The User shall not be entitled to assign the User Agreement, either fully or in part, with any of its rights and obligations to any other Person without the prior written consent of muriash.
No oral agreement exists between the User and muriash. The User Agreement shall constitute the entire and exclusive agreement between User and muriash with respect to the subject matter hereof, and shall supersede and subsume any prior agreements, documents and or communications regarding such subject matter.
All notices shall be in English and in writing and sent to the following addresses:
Notices by muriash to a User shall be displayed on these Terms, elsewhere on the Website or sent to theUser at the abovementioned address.
Grievances and Violations
In the event that a User has any other grievance in relation to the Website, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact muriash's Grievance Officer at the following address:
Name and Designation: Muriash E-Commerce Limited
E-mail Address: [email protected]