Terms

Welcome to ePay Duka. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow our house rules.


This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).


The Terms are a legally binding contract between you and ePay Duka.


This contract sets out your rights and responsibilities when you use the services provided by ePay Duka (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. You with us? Great, read on!


ePay Duka’s Services connect people around the world, both online and offline, to make, sell and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:


Sellers Advertising Policy


We believe ads should help sellers grow their businesses and contribute to the overall member experience. ePay Duka offers sellers multiple advertising channels to promote their listings. This Advertising Policy explains your rights and responsibilities when using ePay Duka’s advertising services.


This policy is a part of our Terms of Use. By using any of ePay Duka’s advertising services, you’re agreeing to this policy and our Terms of Use.


 


Sellers can advertise their products through ePay Duka’s Promoted Listings tool. By promoting a listing (purchasing an “Ad”), a seller’s item can be prominently displayed on ePay Duka’s website and mobile apps. Promoted Listings are displayed in users’ search results, based on the relevancy to the query, the quality of the listing and the bid associated with the listing.


When you purchase an Ad, you understand and acknowledge that you are purchasing advertising on a cost-per-click (or “CPC”) basis and you are responsible for the payment for any clicks your Ad receives. This means that you will be charged each time your Ad is clicked, not simply when it is displayed. You may pause an ad campaign at any time, but you will still be responsible for any charges incurred prior to pausing your campaign. ePay Duka will not grant any refunds for charges related to clicked Ads.


ePay Duka uses a sealed bid generalized second-price auction system to determine the cost and placement of Ads. This means that Ad inventory is “auctioned off” at varying prices, depending on the demand. For example, if more Promoted Listings qualify for a particular search query, the auction price may also increase.


To purchase an Ad, you must enter a “bid.” A bid is the maximum amount of money you are willing to pay ePay Duka if a buyer clicks on your Ad. Actual costs incurred will vary depending on the other participants in the auction. By entering a bid, you agree to pay any amount up to and including the bid amount for a click on your Ad. All bids must be made in United States dollars (USD).


For each Promoted Listing, you can manage your bidding manually or allow ePay Duka’s automated-bidding tool to optimize your bid selection. You may change your selection at any time. The auto-bidding tool is designed to determine the optimal bid price that will deliver as many clicks as possible for a Promoted Listing, within a given budget. By utilizing auto-bidding, you understand and acknowledge that your bids may change at any time. You may, however, set a “max-CPC” or maximum bid for your listings, in which case the auto-bidding tool will never place a bid higher than your max-CPC.


You may also choose to use ePay Duka’s Auto Promote feature, which allows you to automatically promote new listings as you add them to your shop. By using the Auto Promote feature, you understand and acknowledge that you will be enabling auto-bidding for each new listing.


You can set a budget to limit the amount you’re willing to pay ePay Duka to promote all of your listings. A daily budget can be as low as $1 for your Promoted Listings. You will never be charged more than your daily budget.


Your Ad fees will appear on your ePay Duka bill on a daily basis, along with other charges, such as listing fees.


Entering a bid does not constitute an obligation on ePay Duka’s part to display an Ad, whether the bid is entered manually or through the auto-bidding tool. ePay Duka does not guarantee that a displayed Ad will be clicked. ePay Duka does not guarantee that if a user clicks on an Ad, the related listing will be sold.


ePay Duka reserves the right to remove an Ad and the related listing for any violation of our Seller Policy or Terms of Use.


Shopping engines are third party platforms that allow users to easily find and compare products from various online marketplaces and retailers. By enabling Shopping Engine Ads in your account, you grant ePay Duka permission to promote your listings to different shopping engines (“Shopping Engine Ads”), in order to show your products to potential buyers that may not be searching on ePay Duka. You may opt out of the Shopping Engine Ads program at any time by disabling the feature in your shop settings.


Participation in the Shopping Engine Ads program is currently free for ePay Duka sellers because ePay Duka covers all fees charged by the shopping engines. ePay Duka reserves the right to change the terms of this program at any time, but we will, of course, notify you of any changes.


Fees & Payments Policy


Sellers may be charged for using some of ePay Duka’s services. This Fees & Payments Policy explains your fees, bills, and taxes and how to pay them.


This policy is a part of our Terms of Use. By opening an ePay Duka shop, you’re agreeing to this policy and our Terms of Use.


1. Types of Fees


Sellers may be required to pay the following types of fees:


Featured Listing Fees


You will be charged a featured listing fee of $5 USD for each item that you list for sale on ePay Duka’s website or mobile apps. You will only be charged a listing fee for creating or renewing a listing; there is no fee for editing a listing. You will be charged a listing fee whether or not the listed items sells. Featured listings expire after three months. Listing fees will appear on your ePay Duka bill.


Transaction Fees


When you make a sale through ePay Duka, you will be charged a transaction fee of 10% of the item price. This percentage does not apply to the shipping cost or tax. Transaction fees will appear on your ePay Duka bill.


Advertising Fees


If you purchase an ad (which we call a Promoted Listing) through ePay Duka, you will be charged separate advertising fees. Advertising fees vary by opportunity and will be clearly outlined before you commit to purchasing an ad. You will be able to determine a daily advertising budget, and ePay Duka will not charge you more than your daily budget. Advertising fees will appear on your ePay Duka bill.


Shipping Fees


ePay Duka offers sellers based an opportunity to configure Seller’s personalized shipping method. We have also made it possible for sellers to determine countries to which items can ship at a customized fee.


2. Fee Avoidance


Any action by a seller to avoid paying a fee is considered fee avoidance and is strictly prohibited by ePay Duka. This includes, for example, encouraging buyers to purchase an item in your ePay Duka Shop through another venue. The price stated in each listing description must be an accurate representation of the sale. Sellers may not charge excessive shipping fees. Sellers may not alter the item's price after a sale for the purpose of avoiding ePay Duka transaction fees, misrepresent the item’s location, or use another user's account without permission.


3. Paying your ePay Duka Bill


ePay Duka will send you a bill at the beginning of each month. The ePay Duka bill will detail the amount due for the prior month’s fees and services. You are responsible for paying your ePay Duka bill in full within 15 days of the date of the invoice, or the account will be considered past due. Sellers may pay their ePay Duka bill manually by PayPal, Skrill, M-pesa or by using their Shop Payment Account balance.


5. Taxes


You are responsible for collecting and paying any taxes associated with using and making sales through ePay Duka’s services.


You’ll need to create an account with ePay Duka to use some of our Services. Here are a few rules about accounts with ePay Duka:



  1. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.

  2. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.

  3. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms.

  4. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

  5. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure

  6. Creating an account with ePay Duka or using our Services makes you an independent contractor with ePay Duka. No agency, partnership, joint venture, employment or franchisee relationship with ePay Duka is intended or created by the Terms.


Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).



  1. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

  2. By posting Your Content through our Services, you grant ePay Duka a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help ePay Duka function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.

  3. (Here’s the legalese version of the last section). By posting Your Content, you grant ePay Duka a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote ePay Duka, your ePay Duka shop, or the Services in general, in any formats and through any channels, including across any ePay Duka Services or third-party website or advertising medium.


That sounds like a lot, but it’s necessary for us to keep ePay Duka going. Consider these examples: if you upload a photo of a listing on your ePay Duka shop, first, we have permission to display it to buyers, and second, we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and ePay Duka’s.



  1. ePay Duka has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.

  2. This should be common sense, but there are certain types of content we don’t want posted on ePay Duka’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.


License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:



  • A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may notsell anything that violates any laws; and don’t commit fraud, theft or any other crimes against ePay Duka, another ePay Duka user or a third party.

  • B. Pay Your Bills. You are responsible for paying all fees that you owe to ePay Duka. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in the EU, however, ePay Duka will help collect and remit the correct amount of VAT. Your fees, bills, taxes and how you can pay them are fully explained in our Fees & Payments Policy.

  • C. Don’t Steal Our Stuff. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.

  • D. Don’t Try to Harm Our Systems. You will not distribute any virus or other harmful computer code through the Services.

  • E. Follow Our Trademark Policy. The name “ePay Duka,” and the other ePay Duka marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of ePay Duka in the U.S. and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.

  • F. Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to ePay Duka (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

  • G. Talk to Us Online. ePay Duka will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.


Termination By You. We hate to see you go, but you may terminate your account with ePay Duka at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Oh, and you’ll still have to pay any outstanding bills.


Termination By ePay Duka. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. ePay Duka may refuse service to anyone, at any time, for any reason.


If you or ePay Duka terminate your account, you may lose any information associated with your account, including Your Content.


We May Discontinue the Services. ePay Duka reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.



  1.  The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service discontinues.



Items You Purchase. You understand that ePay Duka does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so ePay Duka cannot and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release ePay Duka from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).


Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. ePay Duka is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.


People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 


Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. ePay Duka is not a party to those agreements; they are solely between you and the third party.


ePay Duka is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.


We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.


Liability Limits. To the fullest extent permitted by law, neither ePay Duka, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall ePay Duka’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid ePay Duka in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.


We hope this never happens, but if ePay Duka gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend ePay Duka (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.


We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.


If you find yourself in a dispute with another user of ePay Duka’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.


Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our website or mobile apps may participate in our Case System. ePay Duka will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. ePay Duka has no obligation to resolve any disputes.


Release of ePay Duka. You release ePay Duka from any claims, demands and damages arising out of disputes with other users or parties.


If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:



  1.  The Terms are governed by the laws of the Republic of Kenya. These laws will apply no matter where in the world you live.

  2.  You and ePay Duka agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and ePay Duka are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

  3.  We’re based in Kenya, so any legal action against ePay Duka related to our Services must be filed and take place within the republic of Kenya. That means the seat of any arbitration shall be Kenya.


We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.


The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and ePay Duka regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.


If you have any questions about the Terms, please email us at: support@ePayDuka.com.


Last updated on Jul 29, 2015