Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether as an individual or on behalf of an entity ("you" or "your"), and KwikMo Solutions (operating as "KwikMo", "we," "us," or "our"). These Terms govern your access to and use of the KwikMo platform, including our WhatsApp-based marketplace service, website, and all related services, features, content, and applications offered by us.

By accessing or using our platform, by clicking a button or checkbox to accept these Terms, or by placing an order or listing a product on our marketplace, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately cease all use of our platform.

We reserve the right to modify these Terms at any time. When we make changes, we will notify users through our platform or via WhatsApp. Your continued use of the platform following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms periodically for any changes.

2. Nature of the Service

KwikMo operates as a marketplace platform that facilitates connections between buyers seeking to purchase products and independent vendors offering products for sale. Our platform provides the technological infrastructure that enables these transactions, including product discovery, order management, payment processing, and communication tools.

It is essential to understand that KwikMo is a platform provider, not a seller or buyer of products. We do not own, manufacture, store, or ship any of the products listed on our marketplace. Each vendor is an independent business or individual who is solely responsible for their products, pricing, fulfillment, and customer service. When you purchase a product through KwikMo, you are entering into a transaction directly with the vendor, not with KwikMo.

As a platform, we facilitate the transaction but do not guarantee the quality, safety, legality, or availability of any products listed. We do not guarantee that any vendor will complete a transaction or that any product will meet your expectations. While we work to create a trustworthy marketplace through features like vendor verification and customer reviews, the ultimate responsibility for each transaction lies with the buyer and vendor involved.

3. User Eligibility and Registration

To use KwikMo, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By using our platform, you represent and warrant that you meet these eligibility requirements. If you are using the platform on behalf of a business or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

When you register for an account or use our services, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You are solely responsible for all activity that occurs under your phone number on our platform. We are not liable for any loss or damage arising from your failure to maintain the security of your account or from unauthorized access to your account.

4. Rules for Buyers

As a buyer on KwikMo, you have certain rights and responsibilities that govern your use of our marketplace. Understanding these will help ensure a positive experience for everyone involved.

When you place an order through our platform, you are making an offer to purchase the product at the listed price plus any applicable fees. This offer becomes a binding agreement once the vendor confirms your order. You agree to pay the full purchase price, including any service fees, delivery charges, and applicable taxes, for all products you order.

All payments on our platform are processed through Mobile Money (MTN, Vodafone Cash, AirtelTigo Money) via our payment processing partner. By initiating a payment, you authorize us to charge the specified amount to your Mobile Money account. You are responsible for ensuring that you have sufficient funds to complete the transaction and that the payment information you provide is accurate.

You agree to provide accurate and complete delivery information when placing orders. You must be available to receive your order at the agreed-upon time and location. If you are unavailable or provide incorrect information, resulting in failed delivery, you may not be entitled to a refund, and you may be responsible for additional delivery charges.

If you receive a product that is materially different from what was described, damaged, or defective, you should first attempt to resolve the issue directly with the vendor. Most vendors are willing to work with you to find a satisfactory resolution. If you are unable to resolve the issue with the vendor, you may report the matter to our support team for assistance.

We encourage buyers to leave honest reviews after completing transactions. Reviews help other buyers make informed decisions and help us maintain a high-quality marketplace. However, reviews must be truthful and based on your actual experience. Fraudulent or misleading reviews are prohibited and may result in account suspension.

5. Rules for Vendors

Vendors play a crucial role in our marketplace, and with this role comes significant responsibilities. These rules are designed to ensure a fair and trustworthy marketplace for all participants.

To become a vendor on KwikMo, you must complete our registration process and provide accurate information about yourself and your business. You may be required to verify your identity through our verification program. Providing false or misleading information during registration may result in immediate termination of your account and may expose you to legal liability.

As a vendor, you are solely responsible for the products you list and sell on our platform. This includes ensuring that your products are legal to sell in Ghana, accurately described in your listings, of merchantable quality and fit for their intended purpose, and priced fairly and transparently. You must not list counterfeit, stolen, or illegally obtained products. You must not sell products that are prohibited by law or by our platform policies.

When you receive an order, you commit to fulfilling that order promptly and professionally. You must prepare the product as described in your listing, arrange delivery or pickup within the timeframe communicated to the buyer, communicate honestly and promptly with buyers about their orders, and handle any issues or complaints professionally and in good faith. Failure to fulfill orders consistently may result in negative reviews, reduced visibility on the platform, or termination of your vendor account.

You must set your prices clearly and include all applicable costs in your listings. Hidden fees or unexpected charges after an order is placed are prohibited. Prices must be in Ghana Cedis (GHS) unless otherwise specified and approved.

KwikMo charges a service fee on transactions processed through our platform. The current fee structure is communicated to vendors during registration and may be updated from time to time with appropriate notice. By using our platform, you agree to pay all applicable fees.

6. Prohibited Products and Conduct

To maintain a safe and trustworthy marketplace, certain products and behaviors are strictly prohibited on our platform. Violation of these prohibitions may result in immediate account termination and may be reported to the appropriate authorities.

The following products may not be sold on KwikMo: illegal drugs, controlled substances, and drug paraphernalia; weapons, firearms, ammunition, and explosives; counterfeit or replica products; stolen goods or items obtained through illegal means; products that infringe on intellectual property rights; adult content, pornography, and sexually explicit materials; live animals or protected wildlife products; hazardous materials; products that are illegal to sell under Ghanaian law; and any other products we determine, in our sole discretion, to be inappropriate for our marketplace.

All users of our platform are prohibited from: providing false, misleading, or inaccurate information; engaging in fraud, scams, or deceptive practices; harassing, threatening, or abusing other users; attempting to circumvent our fees or payment systems; using the platform for any illegal purpose; attempting to manipulate reviews or ratings; scraping, crawling, or using automated tools to access our platform without permission; interfering with the proper functioning of our platform; and engaging in any conduct that damages the reputation of KwikMo or the trust of our users.

7. Payments and Fees

All payments on KwikMo are processed through Mobile Money services via our payment processing partner, Paystack. When you make or receive a payment through our platform, you agree to the terms of service of the applicable Mobile Money provider and Paystack.

For buyers, payments are processed at the time of order placement or upon delivery, depending on the payment method selected. A service fee may be added to your order total, which is clearly displayed before you complete your purchase. Once a payment is processed, it may only be refunded in accordance with the vendor's refund policy and applicable laws.

For vendors, payment for completed orders is disbursed according to our standard payment schedule. We may deduct applicable fees, including service fees and payment processing fees, before disbursing funds to you. In cases of disputes, chargebacks, or suspected fraud, we may hold or withhold payments pending investigation and resolution.

We reserve the right to modify our fee structure at any time. We will provide reasonable notice of any fee changes, and your continued use of the platform after such changes constitutes acceptance of the new fee structure.

8. Disputes and Resolution

We understand that disputes may sometimes arise between buyers and vendors. Our goal is to provide a fair and efficient process for resolving these disputes.

If you have an issue with an order, we strongly encourage you to first attempt to resolve it directly with the other party. Most issues can be resolved through direct communication and good faith negotiation. Many vendors are committed to customer satisfaction and will work with you to find a mutually acceptable solution.

If you are unable to resolve a dispute directly, you may report the matter to our support team. To initiate a dispute, type "support" in your WhatsApp conversation with KwikMo or select the Support option from the menu. Provide a clear description of the issue, including the order number and any relevant evidence such as photos or screenshots.

When we receive a dispute report, we may investigate the matter and, at our discretion, attempt to mediate a resolution. We may request additional information from either party. While we will make good faith efforts to help resolve disputes, we are not obligated to resolve disputes between users, and our decisions are not binding unless explicitly stated.

We reserve the right to take actions we deem appropriate in response to disputes, including issuing refunds, suspending accounts, or taking other measures to protect the integrity of our marketplace. Our decisions in dispute resolution are final and binding on the parties involved.

9. Limitation of Liability

To the maximum extent permitted by applicable law, KwikMo and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use our platform.

Without limiting the foregoing, we are not liable for: the quality, safety, legality, or any other aspect of any product listed or sold on our platform; any actions or omissions of vendors, buyers, or other users; disputes between users; delays or failures in order fulfillment; loss or theft of products during shipping or delivery; any interruption, suspension, or termination of our services; unauthorized access to or alteration of your transmissions or data; or any other matter relating to our platform.

In jurisdictions that do not allow the exclusion or limitation of liability for certain damages, our liability shall be limited to the maximum extent permitted by law. In any event, our total aggregate liability to you for all claims arising out of or relating to your use of our platform shall not exceed the total fees paid by you to us in the twelve (12) months preceding the claim.

The limitations of liability in this section apply regardless of the theory of liability, whether based on warranty, contract, statute, tort (including negligence), or any other legal theory, and regardless of whether we have been advised of the possibility of such damages.

10. Indemnification

You agree to defend, indemnify, and hold harmless KwikMo and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: your use of and access to our platform; your violation of any term of these Terms; your violation of any applicable law or regulation; your violation of any third-party right, including without limitation any intellectual property right or privacy right; any claim that your content or conduct caused damage to a third party; and if you are a vendor, any claims related to the products you sell, including but not limited to product liability claims, claims of false advertising, and claims of intellectual property infringement.

This indemnification obligation will survive the termination of these Terms and your use of our platform.

11. Intellectual Property

KwikMo and its associated logos, designs, text, graphics, and other content are trademarks and copyrights of KwikMo and are protected by applicable intellectual property laws. You may not use our trademarks, logos, or other proprietary content without our prior written consent.

By uploading content to our platform, including but not limited to product images, descriptions, and reviews, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, and distribute such content in connection with operating and promoting our platform. You represent and warrant that you have all necessary rights to grant this license and that your content does not infringe any third-party rights.

We respect the intellectual property rights of others. If you believe that content on our platform infringes your intellectual property rights, please contact us with details of the alleged infringement, and we will investigate and take appropriate action.

12. Termination

We reserve the right to suspend or terminate your access to our platform at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to: violation of these Terms; fraudulent or illegal activity; repeated complaints from other users; request by law enforcement or government agencies; and prolonged periods of inactivity.

You may also terminate your use of our platform at any time by ceasing to use our services. If you are a vendor with pending orders or an outstanding balance, you must fulfill all pending orders and request disbursement of any remaining balance before terminating your account.

Upon termination, your right to use our platform will immediately cease. Any provisions of these Terms that by their nature should survive termination will survive, including but not limited to provisions regarding intellectual property, disclaimer of warranties, limitation of liability, and indemnification.

13. Governing Law and Jurisdiction

These Terms and any dispute arising out of or relating to these Terms or our platform shall be governed by and construed in accordance with the laws of the Republic of Ghana, without regard to its conflict of law principles.

Any legal action or proceeding arising out of or relating to these Terms or our platform shall be brought exclusively in the courts of Ghana, and you hereby consent to the personal jurisdiction and venue of such courts.

14. General Provisions

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on our platform, constitute the entire agreement between you and KwikMo regarding your use of our platform and supersede any prior agreements or understandings.

You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms without restriction.