Terms and Conditions

Welcome to Wabunifu Market. These Terms and Conditions govern your access to and use of the Wabunifu Market website, platform, and services.

By accessing or using the platform, you agree to comply with these Terms. If you do not agree with any part of these Terms, you must not use the platform.

1. DEFINITIONS

For the purposes of these Terms:

“Platform” refers to the Wabunifu Market website, marketplace, mobile applications, and related services.

“Wabunifu Market”, “we”, “our”, or “us” refers to the operators and owners of the Wabunifu Market platform.

“User” refers to any individual or organization accessing the platform.

“Creator”refers to photographers, videographers, illustrators, designers, AI creators, artists, and other creatives who upload or sell work or services on the platform.

“Buyer” refers to any user who purchases or licenses content or services from creators.

“Content” includes photographs, videos, illustrations, graphics, AI-generated works, digital media, artwork, designs, templates, and other creative works available on the platform.

“Services” refers to creative services offered by creators including photography, videography, illustration, digital art, design services, editing services, and other creative work.

2. ELIGIBILITY

To use Wabunifu Market:

• You must be at least 18 years old.

• You must have the legal authority to enter into binding agreements.

• If you are using the platform on behalf of a business or organization, you confirm that you have authority to bind that entity.

We reserve the right to suspend or terminate accounts that violate these Terms.

3. ACCOUNT REGISTRATION

Users may be required to create an account to access certain services.

You agree to:

• Provide accurate and complete information

• Maintain the confidentiality of your account credentials

• Accept responsibility for all activity under your account Wabunifu Market reserves the right to:

• Suspend or terminate accounts

• Remove accounts involved in fraud, copyright infringement, or illegal activities.

4. CREATOR CONTENT SUBMISSION

Creators may upload and sell content or offer services on the platform.

By uploading content, you confirm that:

• You own the rights to the content OR have permission to distribute it.

• The content does not infringe copyright, trademarks, or intellectual property rights.

• The content complies with Kenyan law and ethical media standards.

Creators must ensure their work complies with the ethical standards of the Media Council of Kenya including:

• Respect for privacy

• Accuracy in representation

• Avoidance of hate speech

• Avoidance of harmful or misleading media.

Wabunifu Market reserves the right to remove any content that violates these standards.

5. LICENSE OF CONTENT

When buyers purchase digital content from the platform, they receive a limited license, non-exclusive, non-transferable, and non-sub licensable license to use the content.

Unless otherwise stated:

Buyers may:

• Use the content for commercial or personal projects

• Use the content in advertising, marketing, or digital media. Buyers may NOT:

• Resell or redistribute the content as standalone files

• Claim ownership of the content

• Use the content for illegal or defamatory purposes

• Use the content in ways that violate Kenyan law.

Creators retain copyright ownership of their work unless otherwise agreed.

Any use outside the scope of the granted license constitutes a material breach and may result in:

• immediate termination of access

• suspension of accounts

• legal proceedings

6. AI GENERATED CONTENT

Creators uploading AI-generated content must:

• Clearly indicate that the content is AI generated

• Confirm that the AI output does not violate copyright laws

• Ensure that the content does not replicate protected works.

Wabunifu Market may remove AI-generated content that:

• Violates intellectual property rights

• Contains deceptive or harmful media.

7. CREATOR SERVICES

Creators offering services must:

• Deliver services as described in their listing

• Maintain professional standards

• Meet agreed deadlines.

Buyers agree to:

• Provide necessary information to complete the service

• Pay agreed fees for services.

Wabunifu Market acts only as a marketplace intermediary and is not responsible for service outcomes.

8. PAYMENTS AND COMMISSIONS

Payments for content or services will be processed through approved payment providers.

Wabunifu Market may charge:

• Transaction fees

• Platform commissions

• Payment processing fees.

Creators will receive payments after applicable deductions and according to platform payout schedules.

9. REFUNDS AND DISPUTES

Refund eligibility may depend on the type of purchase.

Refunds may be issued when:

• Content is defective or corrupted

• The creator fails to deliver services as agreed

• A dispute is resolved in favor of the buyer.

Wabunifu Market reserves the right to mediate disputes between creators and buyers.

10. PROHIBITED CONTENT

Users may not upload or sell content that includes:

• Copyright infringement

• Pornographic or explicit content

• Hate speech

• Violence or illegal activities

• Defamation

• Misleading or manipulated media intended to deceive.

Content violating Kenyan laws or the Constitution of Kenya 2010 may be removed immediately.

Accounts involved in violations may be permanently banned.

11. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in the platform including:

• Software

• Branding

• Website design

• Platform content

Belong to Wabunifu Market or its licensors.

Users may not:

• Copy the platform

• Reverse engineer the platform

• Use Wabunifu Market branding without permission.

12. INDEMNITY BY USERS

Users agree to indemnify and hold harmless the Platform from any claims arising from:

• breach of these Terms

• misuse of the Platform

• infringement of third-party rights

13.COPYRIGHT COMPLAINTS

If you believe your copyright has been infringed, you may submit a

Copyright Notice including:

• Your contact information

• Proof of ownership

• A description of the infringing material

• The URL of the content in question.

Wabunifu Market may remove the content during investigation.

Repeated copyright violations may lead to account termination.

14. CONTENT MODERATION

Wabunifu Market reserves the right to:

• Review uploaded content

• Remove content violating these Terms

• Suspend accounts involved in violations.

However, the platform does not guarantee monitoring of all content.

15. CONSUMER PROTECTION

Users shall be provided with clear, accurate, and transparent information regarding:

• pricing

• licensing scope

• refund policies

These Terms shall be interpreted in a manner consistent with the Consumer Protection Act.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

Wabunifu Market shall not be liable for:

• Loss of profits

• Business interruptions

• Data loss

• Disputes between buyers and creators.

Use of the platform is at your own risk.

17. PRIVACY

User data will be processed according to the Privacy Policy of Wabunifu Market and in compliance with the Kenya Data Protection Act 2019.

Users consent to the collection and use of data necessary to operate the platform.

18. FORCE MAJEURE

The Platform shall not be liable for failure or delay caused by events beyond its reasonable control, including:

• natural disasters

• cyberattacks

• system failures

• regulatory actions

19.TERMINATION

Wabunifu Market may suspend or terminate accounts if users:

• Violate these Terms

• Engage in fraudulent activity

• Upload illegal or harmful content.

Users may terminate their accounts at any time.

20. GOVERNING LAW

These Terms shall be governed by the laws of Kenya.

Any disputes arising from the use of the platform shall be resolved under the jurisdiction of Kenyan courts. In the event of any dispute, the parties shall first attempt to resolve the matter amicably through good faith negotiations within thirty (30) days of written notice of the dispute.

At the lapse of thirty (30) Business Days and the dispute has not been resolved amicably, the parties shall refer the dispute to mediation at the Nairobi Center for International Arbitration (NCIA).

The mediation shall take place in Nairobi in accordance with the Nairobi Centre for International Arbitration – Mediation Rules as at present in force; and should the consultation and mediation process fail to resolve the dispute then either party may refer the dispute to a Kenyan court of competent jurisdiction for hearing and determination of the dispute.

21. AMENDMENTS TO TERMS

Wabunifu Market may update these Terms from time to time.

Users will be notified of major changes through:

• Website updates

• Email notifications.

Continued use of the platform constitutes acceptance of the updated Terms.

22. CONTACT INFORMATION

For Terms & Conditions-related inquiries: Wabunifu Market info@wabunifumarket.com.