Terms of Use

TERMS OF USE & SERVICE AGREEMENT

Last Updated: September 20, 2026

1. Ownership & Acceptance of Terms

This website, www.kencart.com (the "Website" or "Service"), is owned and operated by Zimcart International Private Limited, a company registered in Zimbabwe ("Company", "we", "us", or "our").

Each time you access, browse, or use Kencart.com, you agree to be bound by these Terms of Use, as updated from time to time with or without notice. In addition, when using specific services or features on Kencart.com, you shall be subject to any posted guidelines or rules applicable to such services, which are incorporated herein by reference. Please also review our Privacy Policy, which is incorporated into these Terms of Use by reference.

2. Nature of the Platform & Cross-Border Service Disclaimer

Kencart.com is an online marketplace and classifieds platform that acts solely as an advertising venue for users to list, buy, sell, or trade goods and services.

  • No Party to Transactions: Kencart.com and Zimcart International Private Limited are not auctioneers, merchants, brokers, or agents. We are not a party to any agreement, contract, or transaction entered into between buyers and sellers on the platform.

  • Foreign Digital Service Notice: Kencart.com is hosted, managed, and operated remotely as a cross-border digital service provided by Zimcart International Private Limited. The Company maintains no physical office, branch, premises, or employees in Kenya.

  • As-Is Provision: The Website and its services are provided on an "AS IS" and "AS AVAILABLE" basis. The Company reserves the right to modify, suspend, or discontinue the Website or delete user data at any time without notice or liability. We accept no responsibility for the timeliness, deletion, accuracy, or delivery of any data or communication.

3. Eligibility & Account Registration

  • Age Limit: To register, create an account, or list items on Kencart.com, you must be at least eighteen (18) years of age or have full legal capacity under applicable law to enter into binding contracts.

  • Accuracy of Information: You agree to provide true, accurate, current, and complete information during registration and keep your account details updated.

  • Account Security: You are responsible for maintaining the confidentiality of your password and account credentials. You accept full responsibility for all activities occurring under your account, whether authorized or unauthorized. You must immediately notify us of any security breach or unauthorized use of your account.

4. Data Protection & Privacy

Any personal data collected during your registration or use of Kencart.com is handled in strict compliance with our Privacy Policy and the Data Protection Act, 2019 (Republic of Kenya). By using this platform, you consent to the collection, processing, and cross-border transfer of your personal information by Zimcart International Private Limited in accordance with applicable laws.

5. User Conduct & Content Standards

You are solely responsible for all information, listings, text, photos, graphics, messages, or other materials ("Content") posted under your account.

You explicitly agree NOT to:

  1. Post any Content or engage in any conduct that is unlawful, harmful, defamatory, libelous, obscene, offensive, or violates the Computer Misuse and Cybercrimes Act, 2018 (Kenya) or any other applicable law.

  2. Impersonate any person or entity, or misrepresent your affiliation with any person or business.

  3. Harvest, scrape, or collect personal data about other users for unauthorized purposes or spamming.

  4. Engage in advance-fee scams, fake payment notifications (e.g., fraudulent mobile money statements), pyramid schemes, or unauthorized commercial advertisements.

  5. Upload viruses, malware, or any code designed to disrupt or limit the functionality of the Website.

  6. Infringe upon any third party’s intellectual property rights (copyrights, trademarks, patents, or trade secrets).

6. Prohibited Items & Services

You shall not advertise, offer for sale, or purchase any of the following on Kencart.com:

  • Stolen property or goods lacking legal title/ownership proof.

  • Counterfeit goods or unauthorized replicas.

  • Prescription drugs, unregistered pharmaceuticals, or controlled medical substances regulated by the Pharmacy and Poisons Board (PPB).

  • Weapons, firearms, explosives, or illegal materials.

  • Wildlife products restricted under the Wildlife Conservation and Management Act.

  • Illegal financial schemes, unauthorized forex trading services, or predatory lending.

  • Adult services, pornography, or sexually explicit material.

Zimcart International Private Limited reserves the right to remove any listing immediately and ban any user account that violates these restrictions.

7. Content License & Right to Remove

  • License: By submitting Content to Kencart.com, you grant Zimcart International Private Limited a worldwide, royalty-free, perpetual, non-exclusive right and license to display, reproduce, modify, adapt, publish, distribute, and archive such Content across our digital channels and promotional media.

  • Warranty: You warrant that you hold all necessary legal rights and permissions to grant us this license.

  • Moderation: You acknowledge that we reserve the right (but not the obligation), in our sole discretion, to monitor, decline, refuse, edit, or remove any listing or Content at any time for any reason without prior notice.

8. Transactions, Safety & Escrow Disclaimer

  • Buyer Beware: Users are solely responsible for conducting due diligence before entering into any financial transaction or physical meeting.

  • Payments & Mobile Money: Kencart.com does not store, hold, process, or mediate payments between buyers and sellers. We accept no liability for financial losses, unfulfilled orders, fraudulent mobile money transactions, or cash disputes.

  • Safety Rules: We strongly advise users to meet in well-lit, public places, inspect items thoroughly in person, and never send advance deposits or payments prior to physical inspection.

9. Third-Party Links & Advertisements

Goods, services, or advertisements provided by third parties may be displayed on Kencart.com. Your dealings with third parties found on or through the platform are strictly between you and the third party. Zimcart International Private Limited shall not be held responsible or liable for any loss or damage incurred as a result of such dealings.

10. Indemnification

You agree to indemnify, defend, and hold harmless Zimcart International Private Limited, its directors, officers, employees, agents, partners, and affiliates from and against any claims, losses, liabilities, damages, costs, or expenses (including reasonable legal fees) arising out of:

  • Your use of or conduct on the Website;

  • Content you submit or transmit through the Website;

  • Your violation of these Terms of Use;

  • Your violation of any rights of another user or third party.

11. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF KENCART.COM IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ACCURATE, VIRUS-FREE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZIMCART INTERNATIONAL PRIVATE LIMITED, ITS DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES—INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES—RESULTING FROM:

  • THE USE OR INABILITY TO USE THE PLATFORM;

  • ANY GOODS OR SERVICES PURCHASED OR TRANSACTED THROUGH THE PLATFORM;

  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;

  • STATEMENTS, FRAUD, OR CONDUCT OF ANY THIRD PARTY OR USER ON THE PLATFORM; OR

  • ANY OTHER MATTER RELATING TO THE SERVICE.

13. Governing Law & Dispute Resolution

These Terms of Use shall be governed by, interpreted, and construed in accordance with the Laws of Zimbabwe, without regard to conflict of law principles. Any legal suit, action, or dispute arising out of or related to these Terms or the use of Kencart.com shall be resolved through binding arbitration or submitted exclusively to the competent courts of Zimbabwe.

Notwithstanding the foregoing, to the extent that user data collected involves data subjects residing in Kenya, the processing of such personal data shall comply with the compulsory provisions of the Kenya Data Protection Act, 2019.

14. Miscellaneous

  • Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

  • Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

  • Limitation Period: You agree that any legal claim or cause of action arising out of or related to the use of Kencart.com must be filed within one (1) year after the cause of action accrued; otherwise, it is permanently barred.

  • Assignment: We reserve the right to assign our rights and obligations under these Terms to another entity without prior notification.