Afribit Marketplace — Terms of Service

1. Acceptance of Terms

By accessing or using Afribit Marketplace ("the Platform"), whether as a buyer ("Customer") or seller ("Merchant"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you must not use the Platform.

By creating an account or completing a purchase, you confirm that you:

• Are at least 18 years of age
• Have the legal capacity to enter into binding agreements
• Will comply with all applicable laws in your jurisdiction

2. About the Platform

Afribit Marketplace is a peer-to-peer e-commerce platform connecting buyers and sellers in East Africa. The Platform facilitates transactions denominated in Kenyan Shillings (KES) and settled via Bitcoin Lightning Network payments.

Afribit is a marketplace facilitator, not a party to transactions between Customers and Merchants. We provide the technology infrastructure but do not manufacture, store, or ship any products listed on the Platform.

3. Accounts & Registration

3.1 You must provide accurate and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials.

3.2 One account per person. Creating multiple accounts to circumvent restrictions or exploit promotions is prohibited.

3.3 Merchant accounts require approval by Afribit administrators. Approval may be withheld or revoked at our sole discretion.

3.4 You are solely responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

4. Merchant Obligations

As a Merchant on Afribit Marketplace, you agree to:

4.1 Product Listings

• Provide accurate, truthful descriptions and images of your products
• Clearly state pricing in KES, including any applicable delivery charges
• Not list prohibited items (see Section 6)
• Maintain adequate stock for listed products or clearly indicate availability

4.2 Order Fulfilment

• Process and dispatch orders within the timeframe indicated in your listing
• Communicate proactively with Customers regarding order status, delays, or issues
• Package products appropriately to prevent damage during transit

4.3 Customer Service

• Respond to customer inquiries in a timely and professional manner
• Handle disputes, returns, and refunds in good faith
• Not engage in deceptive, misleading, or aggressive sales practices

4.4 Compliance

• Comply with all applicable Kenyan laws, including the Consumer Protection Act (Cap 473) and the Sale of Goods Act (Cap 31)
• Obtain and maintain any licences, permits, or certifications required for your products or business
• Accurately report and pay any taxes due on your sales, including VAT where applicable under the Kenya Revenue Authority (KRA) guidelines

5. Customer Obligations

As a Customer, you agree to:

• Provide accurate delivery information
• Complete payment promptly after placing an order
• Not initiate fraudulent payment disputes or chargebacks
• Communicate respectfully with Merchants
• Not use the Platform to conduct illegal transactions

6. Prohibited Items & Activities

The following are strictly prohibited on Afribit Marketplace:

Prohibited Products:

• Illegal drugs, narcotics, or controlled substances
• Weapons, ammunition, or explosives
• Counterfeit or stolen goods
• Products that infringe intellectual property rights
• Pornographic or obscene material
• Human organs, wildlife products, or protected species (in accordance with the Wildlife Conservation and Management Act, 2013)
• Unregistered pharmaceuticals or medical devices
• Any product prohibited under Kenyan law

Prohibited Activities:

• Money laundering, terrorist financing, or any form of financial crime
• Using the Platform to evade taxes or circumvent financial regulations
• Price manipulation, fake reviews, or artificial inflation of sales
• Harassment, abuse, or threatening behaviour towards other users
• Scraping, automated data collection, or reverse-engineering the Platform
• Attempting to bypass the payment system or conduct off-platform transactions for on-platform orders

7. Payments & Bitcoin Lightning

7.1 All product prices are displayed in Kenyan Shillings (KES). Payments are processed via Bitcoin Lightning Network through our payment processor (BTCPay Server).

7.2 Exchange rates between KES and Bitcoin (BTC) are determined at the time of invoice creation. Due to Bitcoin's volatility, the exact BTC amount may fluctuate. Once an invoice is generated, the BTC amount is locked for the duration of the payment window.

7.3 Payments are final. Bitcoin transactions are irreversible by design. Refunds, if applicable, are handled directly between the Merchant and Customer and are at the Merchant's discretion.

7.4 Afribit does not hold, convert, or transmit fiat currency. We facilitate cryptocurrency payments as a technology service. The Platform is not a bank, money service business, or financial institution.

7.5 Merchant withdrawals are processed via Lightning Network to the wallet address configured by the Merchant. Afribit is not responsible for funds sent to incorrect wallet addresses.

8. Fees

8.1 There are currently no listing fees or platform commissions for Merchants. Afribit reserves the right to introduce fees with 30 days' written notice.

8.2 Bitcoin network fees (if any) associated with Lightning payments are borne by the payer.

9. Disputes & Resolution

9.1 Disputes between Customers and Merchants should first be resolved directly between the parties.

9.2 If a dispute cannot be resolved, either party may contact Afribit at [email protected]. We will make reasonable efforts to mediate but are under no obligation to resolve disputes.

9.3 Afribit reserves the right to suspend accounts, withhold funds, or take other appropriate action during dispute investigation.

9.4 For disputes that cannot be resolved through mediation, the parties agree to submit to the jurisdiction of the courts of the Republic of Kenya.

10. Intellectual Property

10.1 The Afribit name, logo, and Platform design are the property of Afribit and may not be used without written permission.

10.2 Merchants retain ownership of their product content (descriptions, images) but grant Afribit a non-exclusive, royalty-free licence to display, reproduce, and distribute such content on the Platform and in marketing materials.

11. Limitation of Liability

11.1 The Platform is provided "as is" without warranties of any kind. Afribit does not guarantee uninterrupted service, error-free operation, or the accuracy of exchange rates.

11.2 Afribit is not liable for:

• The quality, safety, legality, or availability of products listed by Merchants
• Loss of funds due to Bitcoin price volatility, incorrect wallet addresses, or network failures
• Losses arising from unauthorized account access where the user failed to secure their credentials
• Indirect, incidental, or consequential damages arising from use of the Platform

11.3 To the maximum extent permitted under Kenyan law, Afribit's total liability shall not exceed the platform fees (if any) paid by the user in the 12 months preceding the claim.

12. Account Suspension & Termination

12.1 Afribit may suspend or terminate your account at any time if you:

• Violate these Terms
• Engage in prohibited activities
• Provide false or misleading information
• Are the subject of legal proceedings or regulatory action

12.2 Merchants whose accounts are terminated must fulfil any outstanding orders and process any pending withdrawals within 14 days.

12.3 You may close your account at any time by contacting [email protected]. Account closure does not relieve you of obligations incurred before closure.

13. Modifications to Terms

Afribit may update these Terms at any time. Material changes will be communicated via email or Platform notification at least 14 days before taking effect. Continued use of the Platform after changes take effect constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of the Republic of Kenya. Any disputes shall be subject to the exclusive jurisdiction of the Kenyan courts.

15. Contact

For questions about these Terms, contact us at:

Email: [email protected] Platform: Afribit Marketplace