1. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS:
When you register as a member on the USOMI website or any USOMI related software (“RUBI”) you have or will be required to provide certain information i.e;
- a username; and
- Password for use on this on this platform.
To become a member of the USOMI website and RUBI, you agree that you shall;
- Be responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password;
- Agree to immediately notify USOMI LIMITED of any unauthorized use of your password or account or any other breach of security;
- Not use another person's account at any time, without the express permission of the account holder;
- Agree to reimburse USOMI LIMITED for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the USOMI website and all USOMI LIMITED applications, services or otherwise by using your designated username and password, whether or not you authorized such access;
- Provide true, accurate, current and complete information about yourself as prompted by usomi.com registration form or RUBI registration form (the "Registration Data");
- Treat any other member's information provided to you by USOMI LIMITED or any other user as confidential;
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete;
Further to the above obligations;
- If you provide any information that is untrue, inaccurate, not current or incomplete or if USOMI LIMITED has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of USOMI LIMITED under this User Agreement or at law, USOMI LIMITED has the right to indefinitely suspend, limit or withdraw your access to USOMI LIMITED website or mobile applications;
- Your username shall not include the word "USOMI";
- At no event USOMI LIMITED will be liable for any direct, indirect or consequential loss or losses of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password;
- USOMI LIMITED may (in its sole discretion and at any time), make any inquiries if it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments.
2. LICENSE GRANT
This Software is protected by copyright, trade secret, and other intellectual property laws.
- As a registered member, you will be granted certain limited rights to install and use the Software, and USOMI LIMITED reserves all other rights in the Software not granted to you in writing herein.
- As long as you meet any applicable obligations and comply with this Agreement, USOMI LIMITED grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software as set forth in this Agreement, or in accordance with USOMI LIMITED the current product is updated from time to time, and only for the purposes described by USOMI LIMITED for the Software.
- You acknowledge and agree that the Software is licensed, not sold.
- You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement.
As a registered member You undertake not to;
- Provide access to or give the Software or any part of the Software to any third party;
- Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade, resell the Software;
- Attempt unauthorized access to any other USOMI LIMITED systems that are not part of the Software;
- Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service, or other arrangement; or
- Make USOMI LIMITED Software (“RUBI”) available on any file-sharing or application hosting service;
- Any breach of the Terms and Conditions shall result in the immediate revocation of the license granted in this clause without prior notice to you.
- You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions.
4. USER SUBMISSIONS
Any information that you will submit to the Site and/or provide to USOMI LIMITED, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become USOMI LIMITED sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, once you post comments or reviews on USOMI website or mobile applications, you also grant to USOMI LIMITED the rights to use the name that you submit, in connection with such review, comment, or other content.
USOMI LIMITED shall not be obligated to, remove or edit any Submissions made in your account.
5. ELECTRONIC COMMUNICATIONS
You agree that USOMI LIMITED may communicate to you by email, SMSs or by posting notices on the Software.
You agree that all agreements, notices, disclosures and other communications that USOMI LIMITED provide to you electronically satisfy any legal requirement that such communications be in writing.
USOMI LIMITED guarantees that during the registration process it will send to you notifications and promotional emails and SMSs to let you know about any new changes, features or promotional activities added to USOMI LIMITED services.
6. BUYER PROTECTION
USOMI LIMITED reserves its rights on a “buyer beware” Principle.
USOMI LIMITED has a “Buyer Protection Program" which seeks to assist buyers to ensure their purchase is protected against fraud by any supplier on USOMI RUBI platform.
- If a buyer has purchased an item and never received it or received an item worth significantly less in value compared to what was described by the seller/supplier, the buyer may seek protection under the Buyer Protection Program.
- The Buyer Protection Program will involve investigations by USOMI LIMITED on the complaint raised by the buyer on the item purchased.
- To be eligible under the Buyer Protection Program a buyer needs to file a complaint with USOMI LIMITED within 48 hours of receiving (or not receiving) the relevant item.
USOMI LIMITED will only investigate the matter and if it has been determined (by USOMI LIMITED in its sole discretion) that the seller/supplier has intentionally defrauded the buyer in relation to the item, USOMI LIMITED may;
- Suspend or
- Withdraw the seller's, supplier, distributor access to the USOMI RUBI and
- The seller's, supplier or distributor membership and
- USOMI LIMITED may charge the seller for USOMI LIMITED costs.
- USOMI LIMITED reserves the right to take such further steps as it considers necessary including without limitation legal action.
7. SELLING & HOSTING AUCTIONS
As a registered member of USOMI LIMITED.
- You may list item(s) for sale on both RUBI Mobile application and web application.
- You may only offer for sale or sell item(s) on the platform in compliance with applicable laws and
- You must be legally able to offer for sale or sell such items under applicable laws.
- Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Site.
- Your geographical location will be shared to enable the Commodity Supply Specialist(CSS) visit you to verify that the produce advertised conforms to legal standards.
- You will receive a verification code and your produce will be assigned to an aggregation center nearest to you for auctioning.
- Once produce is aggregated and target quantity reached, bidding begins and closes after 48 hours.
- Once an auction is successfully closed an e-mail shall be sent from the website to both the Winning Buyer and the Seller, supplier, distributor providing each of them with the contact information of the other party (including email address, shipping address and a contact phone number if allowed by them when bidding/purchasing or selling) to enable them to get in touch with each other for the sole purpose of fulfilling the transaction.
- The winning buyer is required to pay a deposit of 40% of the purchase price upon close of bidding and payment of the balance to be made when he/she receives the produce at the aggregation centre. Produce must be collected within 72 hrs of bidding closure.
- For rejected produce, the seller will not receive any payment and the buyer will pay less the amount of rejected produce. Rejection of produce will be done at the aggregation center except for produce whose evaluation requires high tech machinery.
- Payments are made to individual Rubi wallets and withdrawals can be made through Mpesa for both the Seller and CSS.
- Soliciting business offline or outside of the platform, by indicating your contact details (e.g. contact phone number, address or e-mail) in the item listing or elsewhere on the platform other than in your registration data is expressly prohibited and would constitute a breach of this User Agreement.
- All of your listed items must be kept in stock (do not sell outside the platform once bidding has begun) to allow for the immediate completion of your transaction with a Winning Buyer.
- The listing description of the item must not be misleading and must describe the actual current condition of the item.
- If the item description does not match the actual current condition of the item, you agree to refund any amounts in relation to that item that you may have received from the buyer.
- You agree not to list a single item multiple times for sales, including without limitation across various categories on the site.
- You acknowledge and agree that USOMI LIMITED has the right to delete such multiple listings of the same item.
- If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price as defined by the seller in their reserve auction (the "Reserve Price")
- You are legally obligated to complete the sale with the Winning Buyer. You agree to contact or ship to the aggregation centre within 72 hours of an item selling successfully and supply the item to the aggregation centre in a merchantable condition, unless the Winning Buyer fails to meet the terms of the listing (such as payment method).
Without limiting any rights or remedies available to USOMI LIMITED under this User Agreement or at law,
- USOMI LIMITED may suspend,
- Limit or
- Withdraw your access to the platform and/or your membership with USOMI LIMITED
If you are found to have engaged in false or fraudulent activity in connection with the use of the USOMI RUBI.
- Please note that the contact information that will be sent out will be the information that is provided by the users in their registration data on USOMI website or mobile application.
- You acknowledge and agree that USOMI LIMITED has the right to use your registration data for this purpose and that USOMI LIMITED is not responsible for the accuracy or otherwise of any user's registration data.
You acknowledge and agree that you will not use another user's data for any purpose other than fulfilling a relevant transaction resulting from selling item(s) on USOMI website and mobile application (RUBI).
12. LIABILITY OF PARTIES ON THE USOMI RUBI
The USOMI RUBI is open to registered members to sell their products on the RUBI. None of the products listed on the USOMI RUBI are owned or sold by USOMI LIMITED.
- Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single Arbiter to be appointed in accordance with the rules of Chartered Institute of Arbitrators.
- The Arbitrator shall be a person legally trained and who has experience in the information technology field and is independent of either party.
- The venue of the Arbitration shall be Nairobi.
- The language used in the arbitration proceedings shall be English.
- The award of the Arbiter shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No 4.
Notwithstanding the foregoing, the USOMI LIMITED reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
14. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya.
Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.
By proceeding you signify that you have READ AND AGREED to abide by the terms of this agreement.