Terms of Service
The Legal Agreements
Welcome to Unganika.com. Unganika is a marketplace platform for Services/Products performed by its users. The following terms and conditions (these “Terms of Service”), govern your access to and use of the Unganika website, including any content, functionality and Services/Products offered on or through www.unganika.com (the “Site“), by Unganika Brands Ltd, as applicable. Please read the Terms of Service carefully before you start to use the Site.
This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Unganika Services/Products. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is always available whenever you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Unganika means Unganika Brands Limited, which holds: 1. Unganika Digital, 2. Unganika Physical and 3. Unganika Goods.
Seller as used by Unganika means: seller , Freelancer or Businessperson where applicable.
Sellers are users who offer to Perform Services or Sell Products via Unganika.
Buyer as used by Unganika means: Buyer or Client where applicable. Buyers are users who purchase Services or Products via Unganika.
Service Page or Product Page is where the Seller can describe their Service/Product and the Service/Product’s terms, and the Buyer can purchase the Service/Product and create an order.
Service/Product Extras are additional Services/Products offered on top of the Seller’s Service/Product for an additional price defined by the Seller.
Service/Product Multiples are additional quantities of unique orders from the Seller’s Service/Product.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Service/Product Page.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Service/Product.
Disputes are disagreements experienced during an order between a Buyer and Seller on Unganika.
Revenue is the money Sellers earn from completed orders.
Sales Balance is cleared revenue from completed orders for Sellers to withdraw or use to purchase Services/Products.
Shopping Balance is shopping credit collected from cancelled orders or Unganika promotions to be used for purchasing Services/Products.
Overview (Main terms, in a nutshell)
– Illegal or Fraudulent Services/Products.
– Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of Service/Product reported through our Intellectual Property Claims Policy found in this document.
– Adult oriented Services/Products, Pornographic, Inappropriate/Obscene.
– Intentional copies of Services/Products.
– Spam, Nonsense, or Violent Services/Products.
– Services/Products misleading to Buyers.
– Reselling of regulated goods.
– Services/Products that extend beyond 30 days of Service/Product duration.
03: Service/Product Extras
Sales tax collection and remission are the legal responsibility of the seller. Sellers agree that they are responsible to comply with all tax requirements applicable to them. This includes the responsibility to collect sales taxes (such as VAT or GST) from the buyers and remitting the taxes depending on their residency, location and any applicable laws.
Unganika Brands will not charge taxes on behalf of Sellers. This means that all the prices for the services or products as they appears on Unganika website listings are already calculated to include the taxes to be paid to the tax collector.
05: Seller Features
Unganika Sellers have access to several exclusive features that help customize the way their Services/Products can be offered.
06: Shipping Physical Deliverables
Some of the Services/Products and Products on Unganika are delivered. For these types of Services/Products/Products, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
07: Printing Services
08: Withdrawing Revenues
09: Withdrawal Methods
02: Handling Orders
DISPUTES AND CANCELLATIONS
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Unganika’s Customer Support department for assistance here.
02: Order Cancellations
a) Active orders (after the Buyer submits their requirements and before the Seller delivers on Unganika)
– The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
– Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
– Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
– The user is no longer an active Unganika user due to Terms of Service violations or closure of their account.
b) Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
– The Seller uses the Delivery system to extend the delivery due date to complete the requested Service/Product without providing the final delivered Service/Product to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
– The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
– The Seller requests additional payments, on or off the Unganika platform, by withholding the final delivery of Services/Products directly related to the agreed requirements.
– The Seller is withholding the final delivery of Services/Products for improved ratings.
– Buyers who abuse the Request Revisions button to gain more Services/Products from Sellers beyond the agreed requirements.
– Buyers who threaten to leave a damaging review to gain more Services/Products from the Seller not related to the agreed requirements.
c) Completed Orders (after the order is marked as complete and before the 14 day limitation)
– Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
– Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
– Unganika Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.
USER CONDUCT AND PROTECTION
Unganika enables people around the world to create, share, sell and purchase nearly any Service/Product they need at an unbeatable value. Services/Products offered on Unganika reflect the diversity of an expanding Service/Product economy. Members of the Unganika community communicate and engage through orders, social media, and on Unganika’s Community Forums.
Unganika maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Unganika. This section relates to the expected conduct users should adhere to while interacting with each other on Unganika.To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
04: Reporting Violations
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
06: Non-Permitted Usage
Adult Services/Products & Pornography – Unganika does not allow any exchange of adult oriented or pornographic materials and Services/Products.
Inappropriate Behavior & Language – Communication on Unganika should be friendly, constructive, and professional. Unganika condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Unganika takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them for commercial purposes without their consent.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a Service/Product must be provided in the order page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Unganika will not be protected by our Terms of Service.
Intellectual Property Claims – Unganika will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of Service/Product.
Fraud / Unlawful Use – You may not use Unganika for any unlawful purposes or to conduct illegal activities.
07: Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Unganika community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Unganika’s Terms of Service is cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Unganika. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Unganika accounts.
08: General Terms
09: User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Unganika by our users (Buyers and Sellers) is User Generated Content. Unganika does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Unganika is not responsible for the content, quality or the level of Service/Product provided by the Sellers. We provide no warranty with respect to the Services/Products, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Service/Product offers.
By offering a Service/Product via Unganika, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the Service/Product. Sellers advertising their Service/Product online must comply with laws and terms of Service/Product of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service/Product and may lead to the suspension of Seller’s account.
Ownership and limitations: Unless clearly stated otherwise on the Seller’s Service/Product page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein.
The delivered work shall be considered work-for-hire under the Kenya Copyright Laws. In the event the delivered work does not meet the requirements of work-for-hire or when Kenya Copyright Law does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work.
All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Service/Product and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work.
Some Services/Products (including for custom created work) charge additional payments (through Service/Product Extras) for a Commercial Use License. This means that if you purchase the Service/Product for personal use, you will own all rights you require for such use, and will not need the Commercial Use License.
If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Service/Product Extra and will have broader rights that cover your business use.
For Voice over Services/Products, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a onetime fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots).
If you intend to use the Voice Over to promote a product and/or Service/Product (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Service/Product Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Service/Product Extra. For further information on the type of buy-outs, please read below.
Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Unganika, including Service/Product texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Unganika for no consideration for marketing and/or other purposes.
11: Voice Over Commercial Buy-Out
When purchasing a Voice Over Service/Product, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots). By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes.
Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or Service/Product (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audio-books, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Unganika’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Unganika will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
12: Commercial Use License
By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you.
“Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose.
This License is subject to Unganika’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Unganika will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
13: Disclaimer of Warranties
The use of the site, its content and any services/products or items obtained through the website is at your own risk. The site, its content and any services/products or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
Neither Unganika nor any person associated with Unganika makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
14: Automatic Translation
This site may contain translations powered by google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a Service/Product to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.
15: Limitation on Liability
In no event will Unganika, its affiliates or their licensors, service/product providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services/products or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.