Terms of Use

Version 0.1. Last revised: [date].

Mosana (the “Site”, and our apps) is run by [Company legal name, added when the business is registered] (“we”, “us”, “our”), [registered address]. These Terms of Use (“Terms”) apply to everyone who uses the Site. By creating an account, buying, selling or otherwise using Mosana, you agree to them. You must be at least 18 years old. If you do not agree, please do not use the Site.

1. What Mosana is

Mosana is a marketplace. Independent sellers publish and sell books, courses, videos and other products. Each item is sold by the seller named on its page. We provide the platform, take payment through our payment partner Paystack, give you access to what you buy, and help sort out problems under our Refund and Dispute Policy. Sellers are responsible for what they sell, including that it is what the listing says it is.

2. Your account

• Give us accurate information and keep it up to date.
• Keep your login private. You are responsible for what happens under your account. Tell us at once if you think someone else has used it.
• One person, one account. You may add up to five business profiles to your account if you want to sell.
• You can ask us to delete your account at any time, subject to records we must keep (for example about payments).

3. Buying

• Prices and payment. Prices are in Kenya shillings and shown before you pay. You can pay by M-Pesa or card through Paystack, whose own terms and privacy notice apply to the payment. We never see or store your full card number.
• Fees. Digital products carry no extra buyer fee. If physical items are offered, a service fee will be shown before you pay.
• Access. Once your payment is confirmed, what you bought appears in your Library. This is a personal, non-transferable licence to use it for yourself. You may not share, copy, resell or publish it, and you may not share your account to let others use it.
• Memberships. A membership gives access to the seller’s members-only content for the period you paid for. Card memberships renew automatically each period until you cancel. Memberships paid by M-Pesa do not renew by themselves; you will be reminded to renew. You can cancel any time; you keep access until the end of the period you paid for.
• Refunds. See our Refund and Dispute Policy.

4. Selling

To sell on Mosana you need a business profile, which we review before it goes live, and you must accept our Seller Terms. We may ask you to prove who you are, and we may refuse, limit or remove a profile or a listing at our discretion, for example for safety, legal or quality reasons.

5. Content and intellectual property

• Sellers and other users keep ownership of what they upload (“Content”). By uploading it you give us a non-exclusive licence to host, display, deliver, copy for technical purposes, and promote it on and around Mosana, for as long as it is on the Site.
• You promise you have the rights to everything you upload and that it does not break anyone else’s rights or the law.
• Everything else on the Site (the design, software, logo and name) belongs to us or our suppliers. These Terms give you no rights in it beyond using the Site as intended.
• Copyright and takedowns. If you believe something on the Site infringes your rights, email [email for copyright and abuse reports] with what it is, where it is, and why you own the rights. We may remove it and suspend repeat infringers.
• If you send us feedback, we may use it freely without paying you.

6. What you must not do

• Break the law, or use the Site for fraud, scams or money laundering.
• Sell or share counterfeit, pirated, stolen or illegal items, or content you do not have the rights to.
• Post content that is hateful, threatening, harassing, sexually explicit or that exploits children.
• Pretend to be someone else, or misrepresent a product.
• Interfere with the Site, probe its security, scrape it, or use bots without our written permission.
• Use Mosana to push buyers into paying outside it in order to avoid fees on sales that started here.
• Share, resell or publish things you bought.

7. Messages and other users

You can message sellers and buyers about orders and listings. Keep it respectful and on topic. Dealings between users are between those users; we may step in to help with disputes but we are not obliged to.

8. Third-party services

The Site works with other companies, for example Paystack for payments. They have their own terms. We are not responsible for services we do not control, but we are responsible for choosing them with care.

9. Our responsibility to you

Nothing in these Terms limits any right you have as a consumer under Kenyan law (including the Consumer Protection Act, 2012), or our liability for fraud, or for death or personal injury caused by our negligence, or any liability that the law does not allow us to limit.

Subject to that: we provide the Site with reasonable care and skill, but we do not promise it will always be available or error-free; it is provided “as is”. We are not liable for losses we could not reasonably have foreseen, for loss of profit or data, or for what sellers or other users do or say. Our total liability to you for any one claim is limited to the greater of [KES 10,000] and what you paid us in the six months before the claim arose.

10. Suspending or ending your use

We may suspend or end your access if you break these Terms, if we must by law, or to protect other users. You can stop using the Site at any time. Terms that by their nature should continue (such as those about content, liability and disputes) continue after your account ends.

11. Changes

We may update these Terms. If a change is important we will tell you by email or on the Site before it takes effect. If you keep using the Site after that, you accept the new Terms.

12. Law and disputes

These Terms are governed by the laws of Kenya. If you have a problem, write to [general contact email] first and give us 30 days to put it right. If it is still not resolved, the courts of Kenya have jurisdiction, and this does not take away any right you have to complain to a regulator or to go to a court that the law gives you.

13. General

These Terms, with our Privacy Policy, Cookie Notice, Refund and Dispute Policy and, for sellers, Seller Terms, are the whole agreement between you and us about the Site. If a part is found unenforceable, the rest continues. If we do not enforce a right straight away, we have not given it up. You may not transfer your rights under these Terms; we may transfer ours to a successor of the business. We may contact you electronically and that counts as written notice. We aim to make the Site usable for everyone, including people with disabilities; tell us at [general contact email] if you struggle to use any part of it.

Contact: [Company legal name, added when the business is registered], [registered address], [general contact email].