By signing up at Cleonale Traders or any of the services of Cleonale Traders (“Cleonale”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Cleonale Traders under the Terms of Service lude various products and services to help you create and manage a retail store, whether an online store (“Online Services”), a physical retail store (“POS Services”), or both.
Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://cleonaletraders.com/tos/. Cleonale Traders reserves the right to update and change the Terms of Service by posting updates and changes to the Cleonale Traders website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
1. Account Terms
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Cleonale Traders or any Cleonale Traders services, you are agreeing to these terms. Be sure to occasionally check back for updates.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Cleonale Traders account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Cleonale Traders may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Cleonale Traders will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. Cleonale Traders cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your Cleonale Traders Account (“Store Content”).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of Cleonale Traders will result in an immediate termination of your services.
Don’t use Cleonale Traders for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
- 2. Account Activation
- 2.1 Cleonale Traders Account
Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The person signing up for the Cleonale Traders is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.
Any domain you purchase through us will automatically renew unless you opt out.
2. General Conditions
Technical support is only provided to paying customers and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws of the County of Nairobi and the laws of Kenya applicable therein, without regard to prnciples of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the County of Nairobi with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that Cleonale Traders may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Cleonale Traders’s website, available at http://www.cleonaletraders.com/tos/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Cleonale Traders’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the Cleonale Traders service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction ( luding but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Kenya and the County of Nairobi. You will comply with all applicable laws, rules and regulations in your use of the Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Cleonale Traders.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Cleonale Traders or Cleonale Traders trademarks and/or variations and misspellings thereof.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
You understand that your Store Content (not inluding credit card information), 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. Credit Card information is always encrypted during transfer over networks.
The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Cleonale Traders’s Terms of Service available in another language, the most current English version of the Terms of Service at https://cleonaletraders.com/tos/ will prevail.
The Cleonale Traders service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
If a dispute arises the issue will be dealt with in the Prov e of Ontario.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
3. Cleonale Traders Rights
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind ( luding threats of abuse or retribution) of any Cleonale Traders customer, Cleonale Traders employee, member, or officer will result in immediate Account termination.
Cleonale Traders does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Cleonale Traders employees and contractors may also be Cleonale Traders customers/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 lude, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
Cleonale Traders retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Cleonale Traders reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a Cleonale Traders account, we can freeze the account or transfer it to the rightful owner.
4. Limitation of Liability
You expressly understand and agree that Cleonale Traders shall 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 resulting from the use of or inability to use the service.
In no event shall Cleonale Traders or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence).
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Cleonale Traders 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 your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Cleonale Traders does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
Cleonale Traders does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
Cleonale Traders does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
5. Waiver and Complete Agreement
The failure of Cleonale Traders to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Cleonale Traders and govern your use of the Service, superseding any prior agreements between you and Cleonale Traders ( luding, but not limited to, any prior versions of the Terms of Service).
If Cleonale Traders chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Cleonale Traders don’t apply if they conflict with these terms.
6. Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the Cleonale Traders service. All material you upload remains yours. You can remove your Cleonale Traders store at any time by deleting your Account.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Cleonale Traders to display and store your Store Content; and (c) that Cleonale Traders can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Content that you upload to a Cleonale Traders store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Cleonale Traders shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Anything you upload remains yours and your responsibility.
8. Product Search
Cleonale Traders Product Search is an online service available at: https://cleonaletraders.com (the “Online Shopping Site”) that allows you to purchase goods in retail or wholesale by third parties (“Products”).
Cleonale Traders does not pre-screen Products and we may refuse or remove any Products on the Online Shopping Site at any time and in our sole discretion. We may, but have no obligation to, review and remove Products containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, counterfeit, pornographic, obscene or otherwise objectionable or in violation of any intellectual property rights or the Terms of Service.
You are solely responsible for all of the terms and conditions of any transactions involving the purchase or sale of Product Search Content, including without limitation, terms regarding payment, returns, warranties, shipping, handling, transportation, storage, liability, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with applicable law.
The Terms apply to the sale or offering of sale of any Product Search Content, and you agree to comply with the Terms regardless of whether or not the transaction respecting Product Search Content is processed using the Services.
Cleonale Traders reserves the right, in its sole discretion, to increase the Transaction Fees applicable to the sale of any Product Search Content.
Under no circumstances shall Cleonale Traders be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation damages that result from any transaction involving the Product Search Content or any resulting contractual relationship between yourself and a purchaser. These limitations shall apply even if Cleonale Traders has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
The Products are provided by Cleonale Traders “as is” and Cleonale Traders is not responsible or liable for any sale arising from your use of the Products.
9. Taxes and Charges
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
If you are a resident of Kenya, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Cleonale Traders’s products and services. These Taxes are based on the rates applicable to the Kenyan billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
Cleonale Traders does not provide refunds.
For live payment gateways, a valid credit card is required. Any Transaction Fees or Additional Fees will be charged to your credit card. If you’re exempt from taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
10. Cancellation and Termination
You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Cleonale Traders’s response.
Upon termination of the Services by either party for any reason:
Cleonale Traders will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
any outstanding balance owed to Cleonale Traders for your use of the Services and,
through the effective date of such termination will immediately become due and payable in full;
If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the Cleonale Traders Service or your Account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, Cleonale Traders may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email firstname.lastname@example.org. Cleonale Traders will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, we will cancel your purchase and refunds all monies remitted to Cleonale Traders. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
11. Modifications to the Service and Prices
Prices for using the Services are subject to change with no notice from Cleonale Traders. Such notice may be provided at any time by posting the changes to the Cleonale Traders Site (http://cleonaltraders.com) or via an announcement on the Cleonale Traders Site (http://cleonaltraders.com.
Cleonale Traders reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
Cleonale Traders shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
12. Third Party Services
In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Cleonale Traders’s partners or other third parties.
Cleonale Traders may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, luding via the Cleonale Traders App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Cleonale Traders’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties with respect to Third Party Services. You acknowledge that Cleonale Traders has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Cleonale Traders’s websites, luding the Cleonale Traders App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Cleonale Traders. Cleonale Traders strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Cleonale Traders is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, as it may be amended by Google from time to time.
Under no circumstances shall Cleonale Traders be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Cleonale Traders has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Cleonale Traders partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
We are not responsible for third party services so use them at your own risk. If you use any third party services on the Cleonale Traders platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.
13. DMCA Notice and Takedown Procedure
Cleonale Traders supports the protection of intellectual property and asks Cleonale Traders customers to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our Products is infringing their intellectual property rights, they can send a DMCA Notice to Cleonale Traders’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.
Cleonale Traders respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send Cleonale Traders a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.
2nd Floor, Aqua Plaza,
Murang’a Road –Nairobi,