Legal Agreement

    Terms of Service

    Please read these terms carefully before using LitMall. They govern your use of our platform and outline your rights and responsibilities.

    Effective: June 1, 2025Last updated: June 1, 2025

    These Terms of Service ("Terms") are a legal agreement between you and LitMall, governing your access to and use of the LitMall website, mobile application, and related services (collectively, the "Platform"). By creating an account or placing an order, you confirm that you have read, understood, and agreed to these Terms.

    If you are using LitMall on behalf of another person, you represent that you have the authority to bind that person to these Terms.

    1. Acceptance of Terms

    By accessing or using LitMall (accessible at litmall.co.ke or via our mobile application), you confirm that you have read, understood, and agree to be bound by these Terms of Service ("Terms"), together with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must immediately stop using LitMall. These Terms apply to all visitors, registered users, and anyone else who accesses or uses our platform. LitMall is operated by LitMall ("we", "us", or "our"), a campus-focused e-commerce platform based in Nakuru, Kenya. We reserve the right to update or modify these Terms at any time. Continued use of the platform after any such changes constitutes your acceptance of the new Terms. We will notify you of material changes via email or a notice on the platform.

    2. Eligibility & Account Registration

    2.1 Eligibility

    To use LitMall, you must: • Be at least 18 years of age, or at least 16 years old with the consent of a parent or legal guardian • Be a human individual — accounts registered by bots or automated methods are not permitted • Have the legal capacity to enter into a binding contract under Kenyan law • Not be barred from using our services under applicable law

    2.2 Account Creation via Firebase Authentication

    LitMall uses Google Firebase Authentication to manage user accounts. When you register, you may sign up using your email address and a password, or via supported third-party providers (such as Google Sign-In) as offered by Firebase. By creating an account, you agree to: • Provide accurate, current, and complete information during registration • Keep your login credentials confidential and not share them with any third party • Notify us immediately at frankgladyswairegi@gmail.com if you suspect any unauthorised access to your account • Accept responsibility for all activity that occurs under your account LitMall is not liable for any loss or damage arising from your failure to maintain the security of your account credentials. Firebase Authentication handles credential storage and security — LitMall does not store your raw passwords.

    2.3 One Account Per User

    Each user is permitted to maintain only one active account. Creating multiple accounts to abuse promotions, circumvent restrictions, or for any other purpose is strictly prohibited and may result in all associated accounts being suspended or permanently banned.

    3. Use of the Platform

    3.1 Permitted Use

    LitMall is a campus e-commerce platform intended for lawful personal shopping by students and other campus community members. You may browse, search, and purchase products listed on the platform for your own personal, non-commercial use.

    3.2 Prohibited Conduct

    You agree not to use LitMall to: • Violate any applicable Kenyan law or regulation • Submit false, misleading, or fraudulent orders or information • Impersonate any person or entity, or falsely represent your affiliation with any person or entity • Attempt to gain unauthorised access to any part of the platform, our servers, or any system connected to LitMall • Interfere with or disrupt the integrity or performance of the platform • Use automated scripts, bots, or crawlers to access, scrape, or interact with the platform • Engage in any conduct that could damage, disable, overburden, or impair the platform • Post or transmit any harmful, offensive, defamatory, or unlawful content through any feedback or communication feature • Attempt to reverse-engineer, decompile, or extract the source code of any part of LitMall Violation of any of the above may result in immediate account suspension or termination, and may be reported to relevant authorities where applicable.

    3.3 Product Listings

    All product listings on LitMall are created and managed directly by us. We make every reasonable effort to ensure that product descriptions, images, and prices are accurate. However, we do not warrant that all listings are entirely free of errors. In the event of a pricing error, we reserve the right to cancel the affected order and notify you promptly.

    4. Orders & Fulfilment

    4.1 Placing an Order

    When you place an order on LitMall, you are making an offer to purchase the selected product(s) at the stated price, subject to availability. An order confirmation sent to your registered email constitutes our acceptance of your order and the formation of a binding contract between you and LitMall. We reserve the right to refuse or cancel any order at our sole discretion, including in cases of suspected fraud, pricing errors, or stock unavailability. If we cancel a confirmed order, you will receive a full refund via your original payment method.

    4.2 Product Availability

    All orders are subject to product availability. We endeavour to keep stock information accurate in real time, but availability is not guaranteed until an order is confirmed. If a product becomes unavailable after your order is placed, we will notify you and offer either a suitable substitute or a full refund.

    4.3 Delivery

    LitMall provides campus-focused delivery to hostels, student residences, and agreed campus locations. Estimated delivery times are provided at checkout and are indicative only — they are not guaranteed. Actual delivery times may vary based on demand, location, or other operational factors. You are responsible for providing accurate delivery information. LitMall is not liable for failed or delayed deliveries resulting from incorrect or incomplete delivery details provided by you.

    4.4 Risk of Loss

    Risk of loss and title to products pass to you upon delivery to your specified delivery address. If you are unavailable at the time of delivery, our delivery team will attempt to contact you. After a reasonable number of failed attempts, the order may be cancelled and a partial refund (less delivery costs) may be issued.

    5. Payments & Pricing

    5.1 Prices

    All prices listed on LitMall are in Kenyan Shillings (KES) and are inclusive of any applicable taxes unless otherwise stated. Prices are subject to change without notice. The price applicable to your order is the price displayed at the time you place your order.

    5.2 Payment Processing via Paystack

    LitMall uses Paystack as its third-party payment gateway to process all transactions securely. By making a payment on our platform, you agree to Paystack's Terms of Service and Privacy Policy, available at paystack.com. Accepted payment methods include: • M-Pesa (via Paystack's mobile money integration) • Debit and credit cards (Visa, Mastercard) • Other methods made available by Paystack from time to time LitMall does not directly collect, store, or process your payment card details or mobile money credentials. All payment data is handled exclusively by Paystack in accordance with PCI-DSS standards. We only receive confirmation of payment status from Paystack.

    5.3 Payment Failures

    If a payment fails or is declined, your order will not be processed. Please ensure your payment details are correct and that sufficient funds are available. LitMall is not responsible for fees charged by your bank or mobile money provider in connection with failed transactions.

    5.4 Fraud Prevention

    We reserve the right to cancel any order we reasonably suspect is fraudulent, and to report suspected fraud to relevant financial institutions or law enforcement. If your account is associated with fraudulent activity, it may be permanently suspended.

    6. Returns, Refunds & Cancellations

    6.1 Order Cancellation

    You may cancel an order only before it has been dispatched for delivery. To request a cancellation, contact us immediately at egiteru5@gmail.com or through the platform's order management section. Once an order is out for delivery, it cannot be cancelled.

    6.2 Returns

    We accept returns in the following circumstances: • You received the wrong product • The product arrived damaged or defective • The product significantly differs from its listing description To initiate a return, contact us within 24 hours of delivery with your order number and a description (and where possible, a photo) of the issue. We will review your request and respond within 2 business days. Returns are not accepted for: • Change of mind after delivery • Products that have been used, opened, or tampered with (unless the defect was present on arrival) • Perishable goods such as food and beverages, once delivered

    6.3 Refunds

    Approved refunds will be processed via Paystack back to your original payment method within 5–10 business days, depending on your bank or mobile money provider. LitMall is not responsible for delays on the part of Paystack or your financial institution once a refund has been initiated from our end.

    7. Intellectual Property

    All content on the LitMall platform — including but not limited to text, graphics, logos, icons, images, product descriptions, and software — is the property of LitMall or its content suppliers and is protected under applicable Kenyan and international intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use LitMall for personal, non-commercial purposes only. This licence does not permit you to: • Copy, reproduce, or distribute any content from the platform without our prior written consent • Use our trademarks, logos, or branding without authorisation • Create derivative works based on any content from LitMall • Use the platform or its content for any commercial purpose Any unauthorised use of LitMall's intellectual property may result in legal action.

    8. Disclaimers & Limitation of Liability

    8.1 Platform Availability

    LitMall is provided on an "as is" and "as available" basis. We make no warranty that the platform will be uninterrupted, error-free, or free of viruses or other harmful components. We reserve the right to suspend or discontinue any aspect of the platform at any time without notice.

    8.2 Product Accuracy

    While we take care to ensure product descriptions and images are accurate, we do not warrant that all information is complete, current, or free of errors. Product colours may vary slightly due to screen display differences.

    8.3 Limitation of Liability

    To the maximum extent permitted by Kenyan law, LitMall and its team members shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the platform, including but not limited to loss of data, loss of profits, or service interruption. In any event, our total liability to you for any claim arising from your use of LitMall shall not exceed the total amount you paid for the specific order giving rise to the claim.

    8.4 Third-Party Services

    LitMall relies on third-party services including Paystack (payments) and Google Firebase (authentication). We are not liable for any failure, downtime, data breach, or other issue attributable to these third-party providers. Their respective terms and privacy policies govern their services.

    9. Account Suspension & Termination

    9.1 Termination by You

    You may delete your LitMall account at any time by contacting us at support@litmall.co.ke. Upon account deletion, your personal data will be handled in accordance with our Privacy Policy. Any pending orders at the time of deletion will still be fulfilled and charged.

    9.2 Termination by LitMall

    We reserve the right to suspend or permanently terminate your account, with or without notice, if we determine that you have: • Violated any provision of these Terms • Engaged in fraudulent, abusive, or unlawful conduct • Created a risk or legal exposure for LitMall or other users • Provided false or misleading information during registration or checkout Upon termination by LitMall for cause, you will not be entitled to a refund for any outstanding credits, except where required by law.

    9.3 Effect of Termination

    Upon termination of your account, your right to access and use LitMall ceases immediately. Provisions of these Terms that by their nature should survive termination — including intellectual property rights, disclaimers, and limitation of liability — shall survive.

    10. Privacy

    Your use of LitMall is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using LitMall, you consent to the collection and use of your information as described in our Privacy Policy. In particular, please note that: • Authentication is handled by Google Firebase. Your login credentials are managed by Firebase, not stored directly by LitMall. • Payments are processed by Paystack. LitMall does not have access to your full card or M-Pesa credentials. • We collect and process your personal data in accordance with the Kenya Data Protection Act, 2019.

    11. Governing Law & Dispute Resolution

    These Terms are governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or your use of LitMall shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Nakuru County, Kenya. Nothing in this clause prevents either party from seeking urgent injunctive relief from a court of competent jurisdiction where necessary to protect their rights.

    12. Miscellaneous

    12.1 Entire Agreement

    These Terms, together with the Privacy Policy, constitute the entire agreement between you and LitMall regarding the use of our platform and supersede all prior agreements, representations, or understandings.

    12.2 Severability

    If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

    12.3 No Waiver

    Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

    12.4 Assignment

    You may not assign or transfer any rights or obligations under these Terms without our prior written consent. LitMall may assign its rights and obligations under these Terms without restriction.

    13. Contact Us

    If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us: LitMall Support Email: frankgladyswairegi@gmail.com Legal enquiries: frankgladyswairegi@gmail.com Address: LitMall Nakuru, Kenya We aim to respond to all enquiries within 3 business days.

    These Terms of Service are governed by the laws of Kenya. By using LitMall, you submit to the exclusive jurisdiction of the courts of Nakuru County, Kenya.

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