Terms of Use
1. Contractual relationship
These Terms of Use are a legal agreement between you ("you" or "your"), as a user of our services, and Kiakia Market Place Ltd("Kiakia", "we", "us", or "our"). Together with our Privacy Policy and any Refund Policyor payment guidelines published on the platform (collectively, the "Terms"), they govern your access to and use of the Kiakia Marketplace website, mobile applications, and related services (the "Platform" or "Services").
By creating an account or using the Platform, you confirm that you have read and understood these Terms and agree to be bound by them and by all applicable laws and regulations. If you do not agree, you must not use the Services. Your agreement takes effect when you first access the Platform or create a user account and applies to all current and future use. These Terms supersede any prior informal arrangements or communications on the same subject, unless we agree otherwise in writing.
We may modify the Services or these Terms at any time. Where changes are material, we will use reasonable efforts to notify you (for example by posting an update on the Platform or sending an email or in-app notice). The revised Terms will state when they take effect. Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree to an update, you must stop using the Services and may close your account where applicable.
We may suspend, restrict, or terminate access to all or part of the Services where we reasonably believe it is necessary for security, legal compliance, or protection of other users. We will act reasonably and, where practicable, give notice, except where immediate action is required by law or to prevent harm.
Our collection and use of personal data are described in our Privacy Policy.
2. The Services
Kiakia Marketplace is an e-commerce marketplace technology platform. We connect buyers with sellers (including third-party vendors) and facilitate product listings, orders, payments in accordance with our workflows, and, where available, logistics and delivery through partners. We may also provide seller tools, analytics, customer support channels, promotions, and dispute resolution mechanisms as described on the Platform.
Sales are between buyers and sellers. Except where we act as a named seller ourselves, the contract for the sale and purchase of a product is between the buyer and the seller. When a buyer confirms an order through the Platform, both parties are committed to completing the transaction in line with these Terms and the listing, subject to lawful cancellation or refund rights.
Subject to these Terms, the seller's terms of business may govern additional aspects of the sale, provided they do not conflict with mandatory consumer protection law or these Terms. The following is deemed incorporated into every sale facilitated on the Platform:
- The price is as stated in the listing at the time the order is placed.
- Prices are inclusive of applicable taxes, duties, and statutory charges as required by law, unless the law or the listing clearly requires otherwise. Additional costs (delivery, packaging, insurance, etc.) apply only where clearly disclosed before purchase.
- Digital goods may be delivered electronically as described in the listing or order confirmation.
- Products must be of satisfactory quality, fit for any purpose made known, safe, and match the description, images, and specifications in all material respects.
- For physical goods, the seller warrants good title, authority to sell, and that goods are free of undisclosed encumbrances and material IP claims. For digital goods, the seller warrants it has the rights and licences needed to supply them.
- The seller is responsible for compliance with product safety, labelling, and consumer laws, and for the accuracy of listings and fulfilment.
3. User accounts
Most features require a registered account. By registering, you confirm that you are a natural person and that you are at least 18 years of age and have capacity to contract. If you are between 13 and 17, you may use the Services only with the consent of a parent or guardian who agrees to these Terms and our Privacy Policy on your behalf.
You must provide accurate, complete, and current information. You are responsible for all activity under your credentials. Keep passwords confidential. We do not have access to your password. If you suspect unauthorised access, change your password immediately and contact us at support@kiakia.shop or through in-app support so we can help secure your account.
We may communicate with you using the email address and phone number you provide, and through in-app messages or notifications. You agree that communications we send electronically satisfy any legal requirement that they be in writing, where the law allows.
We may verify your information before or after activation. We may refuse registration or close an account that violates these Terms, poses a fraud risk, or for other legitimate operational or legal reasons.
4. Payments and promotional codes
You must pay all amounts due in accordance with the payment methods and rules shown on the Platform, as updated from time to time.
We may issue promotional codes ("Promo Codes") for wallet credit, discounts, or other benefits. Promo Codes are subject to specific rules we publish. Unless we say otherwise, Promo Codes: (i) are not transferable or for resale; (ii) cannot be exchanged for cash; (iii) may expire; and (iv) may be cancelled if we reasonably believe they were obtained or used fraudulently or in breach of rules.
5. User content and reviews
If you submit questions, feedback, ratings, reviews, images, or other materials ("User Content"), you grant us a worldwide, non-exclusive, royalty-free licence to use, host, store, reproduce, modify, display, and distribute that content for the purpose of operating, improving, and promoting the Platform, including moderating for quality and compliance.
You represent that you have the rights needed to grant the above licence and that your content:
- Does not infringe third-party rights or breach any law;
- Is not offensive, defamatory, obscene, harassing, discriminatory, or otherwise harmful; and
- Is not deceptive, spam, or malware.
Reviews must reflect genuine experience. False, misleading, or manipulative reviews are prohibited and may be removed and lead to account action.
6. Cancellations
We or a seller may cancel an order where fulfilment is impossible, inventory is unavailable, fraud is suspected, or the order breaches Platform policy or law. We will notify affected users where practicable and process any refund in line with our Refund Policy and applicable law.
Cancellation requests should be made before shipment where possible. If cancellation is requested after dispatch, return or delivery charges may apply as disclosed on the Platform.
Where you cancel for reasons not attributable to us or the seller (for example change of mind), subject to the Refund Policy and listing terms, a reasonable order processing fee (for example up to 5% of the order value) may be deducted from any refund to cover handling costs, unless prohibited for your category of goods under applicable consumer law. This does not limit stronger rights you may have for defective, damaged, or mis-described goods.
7. Returns and replacements
If an item arrives defective, damaged, or not as described, contact support promptly. Where possible we or the seller will offer repair, replacement, or refund in line with the Refund Policy and applicable law. Correctly delivered items that match the listing may only be returned with our or the seller's consent and may be subject to restocking or processing fees and non-refundable delivery charges, as disclosed on the Platform.
Certain categories (for example hygiene products, sealed goods, perishables, or digital content) may be marked non-returnable where the law allows.
8. Intellectual property and confidentiality
The Platform, branding, software, and content we provide remain our property or that of our licensors. We grant you a limited, revocable, non-exclusive licence to access and use the Services for personal or, if you are a seller, for commercial use in connection with your storefront; not to copy, scrape, reverse engineer, or resell access except as permitted by law.
You must not misuse our non-public business information ("Confidential Information") that we share in connection with the Services.
9. Limitation of liability
To the fullest extent permitted by applicable law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising from your use of the Services.
Our total aggregate liability for claims arising from these Terms or the Services (other than liability that cannot be limited by law) shall not exceed the greater of: (a) the platform fees we have retained from you in the twelve (12) months before the claim; or (b) ₦50,000, whichever is higher. This does not affect mandatory rights under consumer protection laws where you qualify as a consumer.
10. Indemnity
You agree to indemnify and hold harmless Kiakia and its officers, directors, and affiliates against claims, losses, and reasonable costs (including legal fees) arising from: (i) your breach of these Terms; (ii) your User Content or products you sell; (iii) misuse of the Services; or (iv) unauthorised use of your account due to your failure to secure credentials, except to the extent caused by our wilful misconduct or gross negligence.
11. Force majeure
We are not liable for delay or failure to perform due to events outside our reasonable control, including natural disasters, government actions, war, civil unrest, strikes, major utility failures, pandemics, or severe disruption of payment or telecommunications networks. Affected obligations will be suspended for the duration of the event.
12. General
These Terms, together with the Privacy Policy and policies we reference by link, are the entire agreement between you and us regarding the Services. You may not assign your rights without our consent. If any provision is invalid, the remainder stays in effect. Failure to enforce a right is not a waiver. Nothing in these Terms creates a partnership, agency, or employment relationship.
13. Governing law and disputes
These Terms are governed by the laws of the Federal Republic of Nigeria. The parties will first attempt to resolve disputes in good faith for at least thirty (30) days. If unresolved, either party may refer the dispute to mediation at the Lagos State Multi-Door Courthouse (or successor institution) in accordance with applicable Nigerian law, in English, in Lagos. Nothing in this clause limits your right to seek urgent injunctive relief or to pursue rights in a court of competent jurisdiction where the law requires.
Questions about these Terms: legal@kiakia.shop.
14. Annex: Service level agreement (sellers)
This Annex applies if you register as a merchant or seller on Kiakia Marketplace. By selling on the Platform, you agree to the following in addition to the Terms above.
14.1 Services we may provide
We may provide, as described on the Platform or in your onboarding materials:
- A seller storefront and listing tools;
- Payment processing and settlement workflows in line with our procedures;
- Access to dashboards, reporting, and support during published business hours;
- Marketing or promotional opportunities where offered;
- Introduction to logistics partners where available.
We may change, add, or discontinue any feature. Additional services may be subject to separate fees with prior notice.
14.2 Seller obligations
- List only genuine, legal, and safe products;
- Keep descriptions, prices, and stock accurate;
- Fulfil orders promptly and comply with consumer and tax obligations that apply to you;
- Respond to buyer and Platform enquiries professionally.
14.3 Fees and wallet
Commissions, subscription fees, and other charges are as shown on the Platform or in your seller agreement. We may deduct amounts owed from settlements or wallet balances. Any minimum wallet balance or deposit requirement will be communicated at onboarding or in your dashboard and may vary by seller tier or programme. We may revise fee schedules with reasonable notice before they take effect.
Payouts for completed sales are typically made after delivery confirmation and expiry of applicable return windows, less fees and withholdings required by law or policy.
14.4 Confidentiality and independence
Sellers must protect our non-public information. Nothing creates employment or partnership; each party is responsible for its own taxes (including VAT where applicable).
14.5 Indemnity and suspension
You indemnify us against claims arising from your products, listings, or breach of this Annex. We may suspend or terminate seller access for serious or repeated breach.