Terms of Use

Accepting These Terms

This document and the other documents referenced below make up our Home of Deals rules, officially called our Terms of Use (the “Terms”).

The Terms are a legally binding contract between you and myPrimePay Tech LLC and all of its subsidiaries, collectively referred to as “myPrimePay.”

By agreeing to the Terms, you agree to resolve disputes through binding individual arbitration. This means that you waive any right to have those disputes decided by a magistrate or judge, and you waive your right to participate in class actions, class arbitrations or representative actions.

This contract sets out your rights and responsibilities when you use KouponZetu.com, our mobile applications and the other services provided by myPrimePay (collectively, the “Services”). By using any of our Services, even by browsing one of our websites, you agree to the Terms. If you do not agree, you may not use the Services.

Related Policies and Documents

KouponZetu’s Services connect people online and offline to make, sell and buy goods. The following rules may apply depending on how you use the Services:

• Rules for everyone: If you use any of our Services, you agree to these Terms and our Privacy Policy.
• Rules for sellers: Additional policies apply when you list items for sale through our Services.
• Rules for buyers: Buyer policies apply when you browse or shop using our Services.
• Rules for third parties: Policies apply to intellectual property owners, API users, affiliates and anyone requesting information from KouponZetu.

Your Privacy

We know your personal information is important to you, so it is important to us. Our Privacy Policy explains how your information is used when you use the Services. By using the Services, you also agree that we can process your information in the ways set out in the Privacy Policy.

Both KouponZetu and sellers process members’ personal information, such as buyer names, email addresses and shipping addresses, and may therefore be considered separate and independent data controllers under Kenyan law. Each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address while fulfilling another order, the seller is responsible for that unauthorized disclosure.

If KouponZetu and a seller are found to be joint data controllers and KouponZetu is sued, fined or incurs expenses because of something the seller did as a joint controller, the seller agrees to indemnify KouponZetu for expenses connected with that processing.

Your Account with KouponZetu

You need to create an account to use some of our Services. The following account rules apply:

1. Age requirements. You must be 18 years or older to use our Services independently. Minors who are at least 13 may use the Services only through an account owned by a parent or legal guardian, with permission and direct supervision. Children under 13 may not use KouponZetu. You are responsible for activity conducted by a minor through your account.
2. Provide accurate information. You may not use false information or impersonate another person or company through your account.
3. Choose an appropriate name. Your account name must not be offensive, vulgar, infringe another person’s intellectual property rights or otherwise violate the Terms.
4. You are responsible for your account. You are solely responsible for activity on your account. For shared accounts, the person whose financial information is registered is ultimately responsible. If you register for a business, you confirm that you have authority to accept the Terms for that business. Accounts are not transferable.
5. Protect your password. You are responsible for keeping your password and account secure.
6. Our relationship. These Terms do not create an agency, partnership, joint venture, employment or franchise relationship between you and KouponZetu.

Your Content

Content you post using the Services remains your content (“Your Content”). This can include shop names, profile pictures, listing photographs, descriptions, reviews, comments, videos and usernames.

1. Responsibility for Your Content. You are solely responsible for Your Content. You represent that you have all necessary rights to it and that posting it does not infringe or violate another party’s rights.
2. Permission to use Your Content. By posting Your Content through the Services, you give KouponZetu permission to use it to operate, improve and promote the Services. KouponZetu does not claim ownership of Your Content.
3. Rights granted to KouponZetu. You grant KouponZetu a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable and perpetual licence to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of Your Content. This allows us to provide and promote the Services across KouponZetu, our partners and third-party websites or advertising media. You agree not to assert moral rights or publicity rights against us for permitted use of Your Content. We may, for example, display and resize listing images, translate descriptions or feature content with your shop name to promote your business and KouponZetu.
4. Reporting unauthorized content. KouponZetu respects intellectual property rights and follows appropriate procedures to remove infringing content. We may disable content following proper notice or terminate repeat infringers. We will notify you when appropriate action is taken.
5. Inappropriate, false or misleading content. You may not post content that is abusive, threatening, defamatory, obscene, vulgar, offensive, fraudulent, deceptive or otherwise in violation of the Terms.

Your Use of Our Services

We grant you a limited, non-exclusive, non-transferable and revocable licence to use our Services, subject to the Terms and these restrictions:

1. Do not use the Services to break the law. You must comply with all local, county, national and international laws that apply to you. You are responsible for obtaining required permits or licences and meeting legal requirements for selling and delivering items, including age verification where required. You may not sell unlawful items or engage in fraud, theft, anti-competitive conduct, threats or other unlawful acts against KouponZetu, another user or a third party.
2. Pay your bills. You are responsible for fees owed to KouponZetu and for collecting or paying applicable taxes on purchases and sales made through the Services.
3. Do not misuse our platform. You may not crawl, scrape or spider pages of the Services, reverse engineer the Services or attempt to obtain their source code.
4. Do not harm our systems. You may not interfere with or disrupt the Services, including by distributing viruses or other harmful code.
5. Respect our trademarks. The KouponZetu name, marks, phrases, logos and designs used with the Services are trademarks, service marks or trade dress in Kenya and other countries.
6. Ideas and suggestions. Unsolicited ideas or materials submitted to KouponZetu, excluding Your Content and items sold through the Services, are treated as non-confidential and non-proprietary. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable and perpetual licence to use and publish them without compensation.
7. Electronic communications. You agree that we may provide legal information electronically, including by email, and that your electronic agreement has the same effect as a signature on paper.

Termination

Termination by you

You may terminate your KouponZetu account at any time through your account settings. Terminating the account may not affect the availability of Your Content posted before termination, and you remain responsible for outstanding bills.

Termination by KouponZetu

We may terminate or suspend your account, related accounts and access to the Services if we reasonably believe that you, Your Content or your use of the Services violates the Terms. You do not have a contractual or legal right to continue using the Services after termination. We will generally notify you unless there are repeated violations or legal or regulatory reasons preventing notice.

If you or KouponZetu terminates your account, you may lose information associated with it, including Your Content.

Changes or discontinuation of the Services

KouponZetu may change, suspend or discontinue any Service for one, some or all users at any time and for any reason, including reasons described in policies under these Terms. We are not liable for the effect those changes may have on you, including your income or ability to generate revenue.

Provisions of the Terms that by their nature should survive will remain effective after access to or use of the Services ends.

Warranties and Limitation of Liability

Items you purchase

KouponZetu does not manufacture, store or inspect items sold by independent sellers through the Services. We therefore cannot make warranties about their quality, safety or legality. Legal claims related to purchased items must be brought against the relevant seller. You release KouponZetu from claims relating to items sold through the Services, including defective items, seller misrepresentations and product liability claims.

Content you access

You may encounter material you consider offensive or inappropriate. KouponZetu does not make representations about user-posted content and is not responsible for its accuracy, copyright compliance, legality or decency. You release us from liability relating to that content.

People you interact with

The Services may allow you to interact with other people online or in person. We do not screen every user. You release us from liability relating to those interactions and should exercise caution and good judgement, especially when meeting someone in person.

Third-party services

The Services may link to third-party websites or services that we do not own or control. You access them at your own risk and may need to accept their terms. KouponZetu is not a party to agreements between you and a third party.

By participating in a special offer or promotion, you agree that you may not later claim that its rules were ambiguous.

Indemnification

If KouponZetu is sued because of something you did, you agree to defend and indemnify KouponZetu, including its employees, and hold us harmless from legal claims or demands, including reasonable legal fees, arising from your actions, use or misuse of the Services, breach of the Terms, or infringement by you or your account of another person’s rights.

We reserve the right to manage our legal defence as we consider appropriate, even when you are indemnifying us, and you agree to cooperate with our strategy.

Disputes with Other Users

If you have a dispute with another user or a third party, we encourage you to contact the other party and try to resolve it amicably.

Buyers and sellers who cannot resolve a transaction dispute may use our case system. KouponZetu may try to help in good faith, based solely on our interpretation of our policies and in our discretion. We do not make legal judgements and are not obligated to resolve a dispute.

You release KouponZetu from claims, demands and damages arising from disputes with other users or third parties.

Disputes with KouponZetu

If you are unhappy with us, please contact us so that we can try to resolve the issue. If we cannot, these rules govern disputes involving the Services:

1. Governing law. The Terms are governed by the laws of the Republic of Kenya, regardless of where you live.
2. Arbitration. You and KouponZetu agree that disputes or claims arising from or relating to the Terms will be finally settled through final and binding arbitration. Arbitration or mediation will take place on an individual basis.

Changes to the Terms

We may update the Terms from time to time. If we consider changes material, we will notify you by posting them through the Services and/or sending an email or message. Unless otherwise stated, changes take effect when posted. You are responsible for reviewing and becoming familiar with updates. Continued use of the Services after changes constitutes acceptance of the updated Terms.

Some Finer Legal Points

These Terms, including the policies forming part of them, supersede other agreements between you and KouponZetu concerning the Services. If any provision is unenforceable, it will be limited to the minimum extent necessary so the remainder stays in effect. Failure to enforce a provision is not a waiver of our right to enforce it later. We may assign our rights and obligations under the Terms.