Terms & Conditions

1. Acceptance of These Terms

These Terms & Conditions ("Terms") apply to your access to and use of TuVibe Market ("TuVibe Market", "TuVibe", "we", "us" or "our"), including its website, marketplace features, customer accounts, shop-owner tools and related services.

By accessing, registering for, or using TuVibe Market, you agree to follow these Terms and any applicable policies referenced on the platform, including the Privacy Policy.

2. TuVibe Market as a Marketplace Platform

TuVibe Market provides a digital marketplace through which customers can discover products and businesses and through which participating shops can list products and manage marketplace activities.

Unless expressly stated otherwise, TuVibe Market is a platform connecting customers and participating shops. A product listing, shop listing or promotion does not by itself mean that TuVibe Market manufactures, owns or supplies the listed product.

Shops are responsible for the accuracy of their business information, product information, pricing, availability and fulfilment of orders accepted by them.

3. Customer and User Accounts

• You must provide information that is accurate and not intentionally misleading when creating or managing an account.
• You are responsible for keeping your login credentials confidential.
• You should notify TuVibe or use the available account-security process if you believe your account has been accessed without authorization.
• You must not create accounts for fraudulent, abusive or unlawful purposes.
• You must not impersonate another person, business or organization.

TuVibe may take reasonable steps to protect accounts and marketplace security, including restricting access where suspicious or abusive activity is detected.

4. Customers, Shopping and Orders

4.1 Product selection

Customers are responsible for reviewing product descriptions, prices, quantities, shop information and other order details before submitting an order.

4.2 Order submission

An order submitted through TuVibe Market is a request to purchase the selected products from the relevant shop. The shop may need to accept, process or update the order according to its available fulfilment process.

4.3 Product availability

Product availability can change. A product displayed on the marketplace may become unavailable before an order is fulfilled. Shops are responsible for keeping their listings reasonably accurate.

4.4 Order status

Order statuses shown on the marketplace are intended to communicate the current stage of an order. Customers should check My Orders for available order information and updates.

4.5 Problems with orders

Where an issue concerns product quality, incorrect items, availability, fulfilment or another shop-specific matter, customers may need to communicate with the relevant shop. TuVibe may assist with marketplace-related issues where appropriate.

5. Shop Owner Terms

A shop owner using TuVibe Market agrees to provide truthful and current business information and to use the platform in accordance with applicable laws and these Terms.

• Shop information must not intentionally misrepresent the identity or nature of the business.
• Product listings must accurately describe the products being offered.
• Prices and availability should be kept reasonably up to date.
• Shop owners are responsible for fulfilling orders they accept.
• Shop owners must not use the marketplace to facilitate unlawful transactions.
• Shop owners are responsible for information they provide about their staff, products and business.

5.1 Physical, online and home-based shops

TuVibe Market may support physical shops as well as online or home-based businesses. Physical shops may provide a location for nearby discovery. Online and home-based shops may operate without a physical shop GPS location.

6. Products, Listings and Pricing

Shop owners are responsible for the products and services they list. Listings must not contain false, deceptive, unlawful or materially misleading information.

A shop owner is responsible for setting and maintaining the price shown for their products, subject to any applicable marketplace functionality, agreement or legal requirement.

TuVibe Market may remove, restrict or request changes to a listing that violates these Terms, applicable law, marketplace rules or reasonable platform-safety requirements.

7. Payments and Financial Information

TuVibe Market may support payment-related processes for marketplace transactions, subscriptions or shop services. Payment methods and instructions may vary by feature and may be updated from time to time.

• Users must provide accurate payment or transaction information when required.
• Users must not submit fraudulent transaction codes or payment claims.
• Where an administrative approval process applies, a payment request may remain pending until it is reviewed.
• Payment-provider terms may also apply to transactions processed through a third-party payment service.

TuVibe Market is not responsible for failures caused solely by a third-party payment provider, network interruption or banking/mobile-money system outside TuVibe's control, although reasonable assistance may be provided where appropriate.

8. Shop Promotion and Promoted Listings

TuVibe Market may offer paid promotion services for eligible shops. Promotion may provide additional visibility or placement during an approved promotion period.

• Promotion requests must contain truthful payment and shop information.
• A promotion request may require administrative review before becoming active.
• The promotion period begins and ends according to the marketplace's recorded approval and promotion dates.
• A Promoted label is separate from ordinary shop attributes such as verification or editorial featuring.
• TuVibe may reject or suspend a promotion where the shop or promotion does not comply with marketplace requirements.

9. Location and GPS Features

TuVibe Market may provide nearby-shop discovery using device location when a customer chooses to grant browser location permission.

• Customers can decline location permission and continue using other marketplace features.
• Nearby discovery may calculate approximate distances between a customer and participating physical shops.
• Shop owners are responsible for providing accurate business-location information for physical shops.
• Location information must not be intentionally entered in a way that misleads customers.

More information about location and personal information is provided in the Privacy Policy.

10. Reviews, Images and User Content

Where TuVibe Market provides features for reviews, images, descriptions or other user-submitted content, you are responsible for the content you submit.

You must not submit content that is unlawful, fraudulent, defamatory, threatening, abusive, hateful, sexually explicit where prohibited, invasive of another person's privacy, or intended to deceive other users.

By submitting content for display on the marketplace, you grant TuVibe the permission reasonably necessary to host, display and operate that content as part of the marketplace service, while you retain ownership of rights you already hold in the content subject to applicable law.

11. Prohibited Activities

You must not use TuVibe Market to:

• Commit or facilitate fraud, theft or other unlawful activity.
• Misrepresent a product, shop, identity or transaction.
• Submit fake payment confirmations or manipulate marketplace records.
• Attempt to gain unauthorized access to accounts, databases, administrative areas or other systems.
• Introduce malware, harmful code or other malicious material.
• Interfere with marketplace availability or security.
• Scrape, copy or systematically collect marketplace information in a way that violates applicable law or these Terms.
• Use the marketplace to harass, threaten or unlawfully target another person.
• List products or services that cannot lawfully be offered through the platform.

12. Intellectual Property

TuVibe Market's software, design elements, branding, logos, interface, original text and other platform materials may be protected by intellectual-property laws.

Except where permission is provided or applicable law allows it, you may not reproduce, modify, distribute, sell, reverse engineer or commercially exploit TuVibe Market's protected platform materials.

Shop owners and users remain responsible for ensuring that product images, logos, descriptions and other materials they upload do not infringe another person's intellectual-property rights.

13. Marketplace Availability

TuVibe Market aims to provide a reliable service but does not guarantee that every feature will always be available, uninterrupted or error-free.

Features may occasionally be unavailable because of maintenance, upgrades, hosting issues, internet/network failures, security measures, third-party services or circumstances outside reasonable control.

14. Liability and Marketplace Responsibility

To the extent permitted by applicable law, TuVibe Market provides the platform on an "as available" basis and does not guarantee the accuracy, availability, quality, legality or suitability of every product, shop or user-generated listing.

TuVibe is not the manufacturer or owner of every product listed by independent shops and is not automatically a party to every transaction between a customer and a shop.

Nothing in these Terms is intended to exclude or limit a legal right or liability that cannot lawfully be excluded or limited.

15. Suspension, Restriction or Termination

TuVibe may restrict, suspend or terminate access to an account, shop, listing or marketplace feature where reasonably necessary, including where there is suspected fraud, abuse, security risk, unlawful activity or material violation of these Terms.

Shop subscription or promotion access may also end when the applicable period expires or where the relevant service is suspended under the applicable terms.

16. Changes to These Terms

TuVibe Market may update these Terms as the marketplace, features, business model or legal requirements change. Updated Terms will be published on this page with a revised "Last updated" date.

Continued use of TuVibe Market after updated Terms are published constitutes continued use subject to the updated Terms, to the extent permitted by applicable law.

17. Governing Law and General Provisions

These Terms are intended to operate subject to the laws applicable to the TuVibe Market service and its users. Where applicable, matters relating to the marketplace may be governed by the laws of Kenya and relevant Kenyan legal and regulatory requirements.

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

These Terms do not remove any mandatory consumer, privacy or other legal rights that apply to you.

18. Questions and Support