Terms & Conditions
Welcome to Vooka! By signing up for a Vooka Account or by using any Vooka Services, you are agreeing to be bound by the following terms and conditions (the “Terms of Service”).
As used in these Terms of Service, “we”, “us”, “our” and “Vooka” means the applicable Vooka Contracting Party, and “you” means the Vooka User (if registering for or using a Vooka Service as an individual), or the business employing the Vooka User (if registering for or using a Vooka Service as a business) and any of its affiliates.
The services offered by Vooka under these Terms of Service include various products and services that enable you to build your own store and help you to sell goods and services to customers, whether online (“Online Services”), in person (“POS Services”), or both. Any such service or services offered by Vooka are referred to in these Terms of Services as the “Service(s)”. Any new features or tools which are added to the current Services will also be subject to the Terms of Service.
Account terms
You are responsible for your Account, the Materials you upload to the Vooka Service and the operation of your Vooka Store. If you violate Vooka's terms of service we may cancel your service access. If we need to reach you, we will communicate via the Primary Email Address.
- To access and use the Services, you must register for a Vooka account (“Account”). To complete your Account registration, you must provide us with your full legal name, phone number, a valid email address, and any other information indicated as required. Vooka may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
- You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
- You confirm that you are receiving any Services provided by Vooka for the purposes of carrying on a business activity and not for any personal, household or family purpose.
- You acknowledge that Vooka will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to Vooka and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with Vooka can only be authenticated if they come from your Primary Email Address.
- You are responsible for keeping your password secure. Vooka cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- Technical support in respect of the Services is only provided to Vooka Users. Questions about the Terms of Service should be sent to Vooka Support.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Vooka.
- You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
- You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
- You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any products or services you sell through the Services (including description and price), and any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to Vooka or its affiliates.
Vooka rights
Vooka has the right to control who we make our Services available to and we can modify them at any time. We also have the right to refuse or remove Materials from any part of the Services, including your Store. We may offer our services to your competitors, but we will never share your confidential information with them in doing so. In the event of an ownership dispute over a Vooka Account, we can freeze a Vooka Account or transfer it to the rightful owner, as determined by us.
- The Services have a range of features and functionalities. Not all Services or features will be available to all Merchants at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Service or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.
- Vooka does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from any part of the Services, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted to the Services, violate our Acceptable use policy or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Vooka employee, member, or officer will result in immediate Account termination.
- We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that Vooka employees and contractors may also be Vooka customers or merchants and that they may compete with you, although they may not use your Confidential Information in doing so.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, or confirmation of your status as an employee of an entity.
- Vooka reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Vooka reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.
Your responsibility
You are responsible for your Vooka Store, the goods or services you sell, and your relationship with your customers, not us.
- You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your Vooka Store.
- You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly between you and the customer. You are the seller of record for all items you sell through the Services. You are responsible for the creation and operation of your Vooka Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer’s purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You represent and warrant that your Store, your Materials and the goods and services you sell through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, Vooka will not be the seller or merchant or record and will have no responsibility for your Store or items sold to customers through the Services.
- You are solely responsible for the goods or services that you may sell through the Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.
- You may not use the Vooka Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Kenya. You will comply with all applicable laws, rules and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your store or that may be held by you) in your use of the Service and your performance of obligations under the Terms of Service.
Confidentiality
- “Confidential Information” will include, but will not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether marked as confidential or proprietary. Vooka’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
- Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
Limitation of Liability and Indemnification
We are not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. The Service is provided on an “as is” and “as available” basis. We provide no warranties and our liability is limited in the event of errors or interruptions.
- You expressly understand and agree that, to the extent permitted by applicable laws, Vooka and its suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the use of or inability to use the Service or these Terms of Service (however arising, including negligence).
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Vooka partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service or the documents it incorporates by reference (including the AUP); (b) or your violation of any law or the rights of a third party; or (c) any aspect of the transaction between you and your Customer, including but not limited to refunds, fraudulent transactions, alleged or actual violation of applicable laws (including but not limited to Federal and State consumer protection laws), or your breach of the Terms of Service.
- You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
- Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Vooka does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
- Vooka does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
- Vooka is not responsible for any of your tax obligations or liabilities related to the use of Vooka’s Services.
- Vooka does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
Intellectual Property and Your Materials
Anything you upload remains yours (if it was yours) and is your responsibility, but Vooka can use and publish the things you upload. Anything uploaded to Vooka remains the property and responsibility of its initial owner. However, Vooka will receive a license of materials published through our platform that we may use to operate and promote our Services.
- We do not claim ownership of the Materials you provide to Vooka; however, we do require a license to those Materials. You grant Vooka a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to host, use, distribute, expose, modify, run, copy, store, publicly perform, communicate to the public (including by telecommunication), broadcast, reproduce, make available, display, and translate, and create derivative works of any Materials provided by you in connection with the Services. We may use our rights under this license to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. You represent, warrant, and agree that you have all necessary rights in the Materials to grant this license. You irrevocably waive any and all moral rights you may have in the Materials in favour of Vooka and agree that this waiver may be invoked by anyone who obtains rights in the materials through Vooka, including anyone to whom Vooka may transfer or grant (including by way of license or sublicense) any rights in the Materials.
- If you owned the Materials before providing them to Vooka then, despite uploading them to your Vooka Store they remain yours, subject to any rights or licenses granted in the Terms of Service or elsewhere. You can remove your Vooka Store at any time by deleting your Account. Removing your Vooka Store does not terminate any rights or licenses granted to the Materials that Vooka requires to exercise any rights or perform any obligations that arose during the Term.
- You agree that Vooka can, at any time, review and delete any or all of the Materials submitted to the Services, although Vooka is not obligated to do so.
- You grant Vooka a non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use the names, trademarks, service marks and logos associated with your Store (“Your Trademarks”) to operate, provide, and promote the Services and to perform our obligations and exercise our rights under the Terms of Service. This license will survive any termination of the Terms of Service solely to the extent that Vooka requires the license to exercise any rights or perform any obligations that arose during the Term.
Vooka welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to Vooka be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Vooka (whether submitted directly to Vooka or posted on any Vooka hosted forum or page), you waive any and all rights in the Feedback and that Vooka is free to implement and use the Feedback if desired, as provided by you or as modified by Vooka, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Vooka must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Vooka reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.
Acceptable use Policy
Here you'll find the requirements for advertising on the Vooka Network.
Prohibited Content
Counterfeit goods
Vooka prohibits the sale or promotion for sale of counterfeit products. Counterfeit goods contain a trademark or logo that is identical to or substantially indistinguishable from the trademark or logo of another. They mimic the brand features of the product in an attempt to pass themselves off as a genuine product of the brand owner.
Dangerous products
Vooka wants to help keep people safe both online and offline,
so we don’t allow the promotion of some products that cause damage, harm, or injury.
Examples of dangerous content: Recreational drugs (chemical or herbal); psychoactive substances;
equipment to facilitate drug use; weapons, ammunition, explosive materials and fireworks;
instructions for making explosives or other harmful products; tobacco products.
Products that enable dishonest behavior
Vooka values honesty and fairness, so we don’t allow the promotion of
products that are designed to enable dishonest behavior.
Examples of products that enable dishonest behavior: Hacking software or instructions;
fake documents; academic cheating products.
Inappropriate content
Vooka values diversity and respect for others, and we strive to avoid offending users,
so we don’t allow products or destinations that display shocking content or promote hatred, intolerance,
discrimination, or violence.
Examples of inappropriate or offensive content: Bullying or intimidation of an individual
or group; racial discrimination; hate group paraphernalia; graphic crime scene or
accident images; cruelty to animals; murder; self-harm; extortion or blackmail;
sale or trade of endangered species.
Unsupported content
Vooka aims to enable businesses to promote a wide variety of products,
but Vooka may not be optimized to appropriately support all content types.
For this reason, Vooka doesn't allow the promotion of certain content where
we don't offer an optimal user experience.
Prohibited practices
Misrepresentation
Vooka doesn't want users to feel misled by the content posted on its websites,
and that means being upfront, honest, and providing them with the information that they
need to make informed decisions. For this reason we don’t allow the following:
- Promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and obtaining the user’s explicit consent
- Promotions that represent you or your products in a way that is not accurate, realistic, and truthful
Restricted content
The policies below cover content that is sometimes legally or culturally sensitive.
eCommerce websites can be a powerful way to reach customers, but in sensitive areas,
we also work hard to avoid showing these ads when and where they might be inappropriate.
For that reason, we allow sites that post of the content below, but on a limited basis.
Note that not all products, features, or networks are able to support this
restricted content.
Adult-oriented content
Vooka restricts promotion of the following types of adult-oriented content:
- adult merchandise
- sexually suggestive content
- images containing exposed skin and nudity
When posting adult content you may not do any of the following:
- violate applicable laws or regulations for any location that you target
- promote sexually explicit content
- Post products that target minors
- Post content with underage or non-consensual sexual themes, including child sexual abuse content
- post content that may be interpreted as providing sexual acts in exchange for compensation
- Examples of restricted adult content: sex toys; adult magazines; sexual enhancement products; sexually suggestive lingerie promotions.
Gambling-related content
Vooka restricts the promotion of gambling-related content.
Examples of restricted gambling-related content: national or private lotteries;
sites offering bonus codes or promotional offers for gambling sites
Healthcare-related content
Vooka restricts the promotion of healthcare-related content such as the following:
- over-the-counter medication
- prescription drugs
- unapproved pharmaceuticals and supplements
- pregnancy and fertility-related products
- sexual enhancement treatments
The restrictions that apply to this content may vary depending on the product
you're promoting and the countries that you're targeting.
Some content, such as unapproved pharmaceutical supplements,
may not be posted anywhere on the Vooka network.
Depending on the content you’re posting and the countries where your business operates,
you may need to apply for preauthorization
with Vooka before creating your healthcare-related content.
About our policies
Vooka enable businesses of all sizes, from around the world,
to promote a wide variety of products and websites on popular search engines and across our network.
We want to help you reach existing and potential customers and audiences. However,
to help create a safe and positive experience for users, we listen to their feedback and
concerns about the types of products they see. We also regularly review changes in online
trends and practices, industry norms, and regulations.
And finally, in crafting our policies, we also think about our values and culture as a company,
as well as operational, technical, and business considerations.
Vooka requires that advertisers comply with all applicable laws and regulations and
the Vooka policies described above.
It's important that you familiarize yourself with and keep up to date on these
requirements for the places where your business operates. When we find content that
violates these requirements, we may block it from appearing,
and in cases of repeated or egregious violations, we may terminate your account.
Term and Termination
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The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the “Term”).
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You may cancel your Account and terminate the Terms of Service at any time by contacting Vooka Support and then following the specific instructions indicated to you in Vooka’s response.
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Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.
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Upon termination of the Services by either party for any reason:
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Vooka will cease providing you with the Services and you will no longer be able to access your Account;
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unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
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any outstanding balance owed to Vooka for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
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your Vooka Store will be taken offline.
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If you purchased a domain name through Vooka, upon cancellation your domain will no longer be automatically renewed. Following termination, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
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If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.