Esmac Communications is in the business of providing and facilitating e-commerce/online shopping experience in KENYA, via its online marketing platform www.esmac.co.ke
The Customer intends to sell products on Esmac Communications platform and Esmac Communications agrees to allow the Customer to use its website platform for this purpose on the terms on conditions contained herein below. The Parties have thus agreed to enter this Agreement in good faith and based on the terms and conditions hereunder set out.This contract expressly supersedes prior agreement or arrangements with the Customer.
Customer Satisfaction as the common interest of both parties: By signing this contract, both parties agree that customer satisfaction is the ultimate interest guiding the commercial actions and behaviors of both parties.
Acceptance of the contract: Every transaction of the Customer on Esmac Communications platform is bounded to the acceptance of all the terms of this contract as well as the details, annexes and appendices mentioned in this contract and accessible on www.esmac.co.ke and to Customer’s renunciation to claim any of its own general terms and conditions of sales.
Definition of services: Esmac Communications runs and operates an online platform that allows Customers to sell their products and provides pick up, delivery and storage services as an adapted partner logistics network.
DEFINITION OF THE TERMS OF THE CONTRACT AND TERMINOLOGY
Customer – means a customer of the Esmac Communications Services, who purchases items listed on Website.
Data – is all electronic data or information submitted by a Customer to Esmac Communications systems which enables customer to make purchases.
Website – the online catalog of applications and components that interoperate with the Esmac Communications Services, located at websites designated by Esmac Communications or in the Esmac Communications Services.
Materials – the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Esmac Communications Services and Website.
Restricted Area – means the area of the Service that can be accessed only by Users.
Services – the Esmac Communications Web Site, Services, System, Content, Website and all content, services and/or products available on or through the Website.
User – an employee, agent, or representative of a Customer, who primarily uses the restricted areas of the Service or the Website.