Terms and Conditions [Updated]

Terms and Conditions

Introduction

Welcome to Nestict-Market Place, operated by NESTICT INFOTECH (referred to as "we," "our," or "us"). By using our website, www.market.nestict.com (the "Site"), you agree to these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Site.

1. Use of the Site

1.1 Eligibility: You must be at least 18 years old to use this Site. By using this Site, you represent and warrant that you are at least 18 years old.

1.2 Account Registration: To access certain features of the Site, you may need to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

1.3 Account Responsibility: You are responsible for safeguarding your password and for any activities or actions under your account, whether your password is with our Site or a third-party service. You agree to notify us immediately of any unauthorized use of your account.

2. Orders and Payment

2.1 Order Acceptance: All orders placed through the Site are subject to our acceptance. We reserve the right to refuse or cancel any order for any reason, including errors in product or pricing information.

2.2 Payment Terms: By placing an order, you agree to pay the price applicable at the time of purchase as well as any applicable shipping and handling fees. Payments can be made through our designated payment methods. All payments must be received in full before shipment.

2.3 Billing Information: You agree to provide current, complete, and accurate billing information. For any billing issues, please contact us at billing@nestict.com.

3. Shipping and Delivery

3.1 Shipping Policy: We will arrange for shipment of the products to you. Please refer to our Shipping Policy for more details.

3.2 Delivery Times: Delivery times are estimates and are not guaranteed. We are not liable for any delays in shipping or delivery.

4. Returns and Refunds

4.1 Return Policy: Please review our Return Policy for information on returning products and receiving refunds.

4.2 Refunds: Refunds are issued according to our Return Policy. If you have any issues, please contact our support team at support@nestict.com.

5. User Conduct

5.1 Prohibited Activities: You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Site in any medium; (ii) using any automated system, including "robots," "spiders," etc.; (iii) interfering with the proper functionality of the Site; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site.

6. Intellectual Property

6.1 Ownership: All content on the Site, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of NESTICT INFOTECH or its content suppliers and protected by international copyright laws.

7. Limitation of Liability

7.1 Disclaimer: To the maximum extent permitted by law, NESTICT INFOTECH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use of the Site; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein.

8. Dispute Resolution

8.1 Governing Law: These Terms and any dispute arising out of or related to these Terms shall be governed by the laws of the jurisdiction where NESTICT INFOTECH is established, without regard to its conflict of law rules.

8.2 Arbitration: Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the relevant arbitration association.

9. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will post the revised Terms on the Site and update the "Last Updated" date. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.

10. Contact Information

If you have any questions about these Terms, please contact us at:

Last Updated: 15th June 2024

Thank you for shopping with Nestict-Market Place!

Terms of Service for Assisted Purchase Service [1st Edition]

Terms of Service for Assisted Purchase and Configuration Services

Last Updated: [29th September 2024]

These Terms of Service ("Terms") govern your use of services provided by NESTICT INFOTECH (referred to as "we," "us," or "our"), a company registered in Kenya under registration number BN-ZMCQKK8. By engaging our services, you agree to be bound by these Terms. Please read them carefully.

1. Services Offered

We provide the following services:

  • Assisted Purchase (Product/Service Sourcing): We assist clients in acquiring products or services from vendors.

  • Product Configuration/Setup: We provide configuration or setup services for products purchased.

2. Assisted Purchase (Product/Service Sourcing)

2.1 Fee Structure:

  • A service fee of 15% of the agreed total amount for the product or service after bargaining is charged.

  • This fee excludes shipping and any configuration/setup services, which are charged separately.

2.2 Vendor Relationships:

  • We act solely as an intermediary between you and the vendor.

  • You are responsible for all transactions, agreements, and interactions with the vendor, including payment for the product or service.

2.3 Shipping:

  • Shipping and logistics arrangements, including costs, are the responsibility of the client unless specifically included in a separate agreement.

  • We are not responsible for delays or issues related to shipping.

2.4 No Liability for Vendor Performance:

  • We are not responsible for any issues, defects, or non-performance of the product or service sourced from the vendor.

  • Warranty claims and other product/service issues should be addressed directly with the vendor.

3. Configuration/Setup Services

3.1 Separate Contract for Configuration/Setup:

  • Any configuration or setup of a product purchased through us creates a new contract.

  • Fees for configuration/setup are payable according to the agreed work schedule as outlined in the contract.

3.2 No Warranty Liability:

  • We are not liable for any warranty breach that may arise as a result of the configuration or setup of the product.

  • Any warranty claims remain between you and the product vendor.

4. Payment Terms

4.1 Payment Due:

  • The 15% service fee for assisted purchase is due upon the successful negotiation of the product or service price with the vendor, and must be paid before the transaction is completed.

4.2 Configuration/Setup Payments:

  • Payments for configuration or setup services are to be made as per the agreed schedule and terms set forth in the configuration contract.

4.3 Late Payments:

  • Late payments may incur penalties, interest charges, or suspension of services as outlined in the individual contracts.

5. Limitations of Liability

5.1 No Guarantee of Product Quality or Vendor Performance:

  • We do not guarantee the quality, functionality, or suitability of the products or services sourced from third-party vendors.

5.2 Liability Cap:

  • In no event shall our total liability exceed the fees paid by you for our services.

5.3 Indemnification:

  • You agree to indemnify and hold us harmless from any claims, damages, or losses arising from the use or performance of any product or service sourced or configured by us.

6. Dispute Resolution

6.1 Governing Law:

  • These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws principles.

6.2 Arbitration:

  • Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of [Kenyan Institution], to be conducted in Mombasa, Kenya.

By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Service.