Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Mbiki Power website, platform, technology, services, communications and related facilities (collectively, the "Platform").

Mbiki Power ("Mbiki Power", "we", "us" or "our") is a marketing and business-growth platform designed to power businesses that show up. The Platform helps businesses establish visibility, present what they offer and create opportunities to receive inquiries from potential customers.

A person or business accessing, registering for or using the Platform is referred to in these Terms as "you" or "your".

1. Definitions

2. Meaning of Mbiki Power

Mbiki means "to show up."

The concept behind Mbiki Power is simple: businesses need to show up in order to remain visible to the people and organisations that may need what they provide.

Mbiki Power powers businesses that show up by providing a platform through which businesses can present their products, services, capabilities and business information and gain opportunities to be discovered and contacted by potential customers.

In this context, Mbiki Power is a form of marketing and business development infrastructure. It is intended to help businesses maintain visibility, attract customer inquiries and create opportunities for commercial relationships.

The Platform does not operate the Business, manage its customers, determine its prices or make commercial decisions on its behalf.

3. Purpose of the Platform

The purpose of Mbiki Power is to help businesses stay in business by helping them show up where potential customers express business needs.

A Business may use the Platform to present information about what it provides, demonstrate its capabilities and make itself available to potential customers.

Potential customers may use the Platform to identify businesses, communicate their requirements and submit Inquiries relating to products, services or other business needs.

Mbiki Power may facilitate the connection between those potential customers and relevant Businesses.

The Platform is therefore intended to connect business needs with businesses capable of addressing those needs.

4. Loads and Inquiries

A Load is a business need.

A Load may include a requirement for a product, service, quotation, professional assistance, availability, pricing, supply, repair, consultation or another commercial solution.

An Inquiry is the expression of such a need by a potential customer.

Depending on the Platform's features and the circumstances of the Inquiry, Mbiki Power may make relevant Inquiries available to Businesses that have shown up and whose products or services may be relevant to the customer's requirement.

An Inquiry does not constitute a guarantee that the potential customer will purchase anything from the Business. It represents an opportunity for the Business to communicate with the potential customer and determine whether the Business can satisfy the customer's need.

5. How Mbiki Power Powers Businesses

The Platform's basic operating model may be summarised as follows:

1. A Business shows up on Mbiki Power.
2. The Business presents information about what it provides.
3. A potential customer has a business need.
4. That need may constitute a Load.
5. The potential customer may express the need through an Inquiry.
6. Mbiki Power may facilitate the Inquiry reaching a relevant Business.
7. The Business receives an opportunity to engage with the potential customer.

This is the basis upon which Mbiki Power powers businesses: businesses show up, potential customers bring demand, and customer Inquiries create business opportunities.

6. Marketing Services

Mbiki Power is principally a marketing and technology platform.

Marketing services provided through the Platform may include business visibility, business profiles, presentation of products and services, discovery, publication of business information, facilitation of customer Inquiries and other activities intended to create awareness and commercial opportunities for Businesses.

A Business acknowledges that marketing is intended to create opportunities and does not constitute a promise that a particular opportunity will result in a sale or contract.

The effectiveness of marketing may depend upon factors outside Mbiki Power's control, including customer demand, market conditions, pricing, competition, location, Business responsiveness, product quality, service quality and the Business's ability to satisfy customer requirements.

7. Business Accounts

Businesses are responsible for ensuring that information supplied to Mbiki Power is accurate, current and not misleading.

A Business must not create an account using another person's identity, impersonate another Business or misrepresent its ownership, authority, products, services, qualifications, licences or capabilities.

Businesses are responsible for maintaining the security of their account credentials and for activity conducted through their accounts.

If you believe that your account or credentials have been accessed without authorisation, you should notify Mbiki Power promptly.

8. Business Responsibility

Each Business remains solely responsible for the products and services that it provides.

A Business is responsible for ensuring that its descriptions, prices, quotations, specifications, availability, delivery information, warranties, qualifications and other commercial representations are accurate.

Mbiki Power does not assume responsibility for the performance of a Business merely because that Business is listed, displayed, contacted or discovered through the Platform.

Any contract, sale, purchase, service engagement or other transaction arising between a Business and a potential customer is the responsibility of the parties to that transaction unless Mbiki Power expressly states otherwise.

9. Customer Inquiries

Mbiki Power may facilitate the delivery or presentation of customer Inquiries to relevant Businesses.

Businesses acknowledge that Inquiries originate from potential customers and that Mbiki Power cannot guarantee the accuracy, seriousness, purchasing capacity or eventual conduct of every potential customer.

Businesses should independently assess each Inquiry and conduct any due diligence they consider appropriate before entering into a transaction.

10. No Guarantee of Business Results

Showing up on Mbiki Power does not guarantee that a Business will receive any particular level of Power, marketing exposure, customer Inquiries or commercial opportunities.

Mbiki Power does not guarantee:

• a particular number of customers;
• a particular number of Inquiries;
• a particular number of Loads;
• sales or contracts;
• revenue or profit;
• customer retention;
• acceptance of quotations;
• conversion of Inquiries into transactions; or
• any particular commercial outcome.

The purpose of the Platform is to create marketing visibility and opportunities. The ultimate commercial result depends on the Business, the potential customer and circumstances beyond Mbiki Power's control.

11. Communications Between Businesses and Customers

Mbiki Power may provide or facilitate communication channels through which a potential customer may contact a Business.

Such channels may include email, telephone, WhatsApp, WeChat or other communication methods made available through the Platform.

Once a potential customer and Business communicate directly, the parties are responsible for their own communications, representations, negotiations and agreements.

Mbiki Power is not responsible for statements, promises, representations or agreements made directly between those parties except where such responsibility is expressly imposed upon Mbiki Power by law or separate agreement.

12. User Content

You retain ownership of Content that you lawfully own and submit to the Platform.

By submitting Content to Mbiki Power, you grant Mbiki Power a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format, index, distribute and otherwise use that Content to the extent reasonably necessary to operate, maintain, improve, market and provide the Platform and its services.

You represent that you have the necessary rights, permissions and authority to submit the Content and grant the rights described in these Terms.

13. Prohibited Conduct

You must not use the Platform to:

• commit, facilitate or promote unlawful activity;
• impersonate another person, Business or organisation;
• submit knowingly false, deceptive or materially misleading information;
• infringe intellectual property, privacy or other legal rights;
• upload malware, malicious code or harmful software;
• attempt to obtain unauthorised access to accounts, systems or data;
• interfere with the security, availability or operation of the Platform;
• abuse, overload, scrape or otherwise interfere with the Platform through unauthorised automated activity;
• distribute unlawful spam or unsolicited communications;
• manipulate Inquiries, business information or Platform interactions through fraudulent means; or
• engage in conduct that materially interferes with the legitimate use of the Platform by others.

14. Business Information and Verification

Mbiki Power may display information supplied by Businesses and may use available information to assist with business discovery, categorisation, matching and marketing.

Mbiki Power may undertake verification or other checks where appropriate. However, verification should not automatically be interpreted as an absolute guarantee concerning the identity, financial position, quality, licensing, performance or suitability of a Business.

Users remain responsible for conducting independent due diligence appropriate to their circumstances and intended transaction.

15. Intellectual Property

Except for User Content and third-party material, the Platform, including its software, design, branding, logos, databases, interfaces, text, graphics and underlying technology, is owned by or licensed to Mbiki Power and is protected by applicable intellectual property laws.

These Terms do not transfer ownership of Mbiki Power's intellectual property to you.

You may not copy, reproduce, modify, distribute, sell, license or commercially exploit protected Platform material except as expressly permitted by Mbiki Power or applicable law.

16. Privacy

Mbiki Power may collect and process information necessary to operate the Platform, provide accounts, facilitate communications, deliver marketing services, connect Businesses with potential customers, maintain security and improve its services.

Personal information will be handled in accordance with Mbiki Power's applicable privacy practices and privacy notice.

Users are responsible for ensuring that information they submit concerning other persons is provided lawfully and with any permissions required by applicable law.

17. Third-Party Services

The Platform may contain links to or integrations with third-party websites, applications, communication services and other resources.

Third-party services may operate under their own terms, conditions and privacy policies.

Mbiki Power does not control third-party services and, to the extent permitted by law, is not responsible for their availability, content, security, privacy practices or performance.

18. Commercial Transactions

Mbiki Power is not ordinarily a party to commercial transactions between Businesses and potential customers.

A Business and its customer are responsible for agreeing on applicable prices, payment terms, delivery, performance, warranties, refunds, cancellations and other contractual matters.

Any quotation, proposal, price or commercial representation made by a Business is the responsibility of that Business.

19. Fees

Where Mbiki Power provides services subject to a fee, the applicable fee, pricing arrangement or payment terms will be communicated to the relevant User or Business before the applicable paid service is used.

Mbiki Power may introduce, modify or discontinue particular paid services subject to applicable law and any contractual obligations already undertaken.

20. Availability and Modification of the Platform

Mbiki Power may modify, update, suspend, restrict or discontinue any part of the Platform where reasonably necessary for maintenance, security, development, legal compliance or operational purposes.

We do not guarantee that the Platform will always be available, uninterrupted, error-free or free from every possible security vulnerability.

21. Disclaimers

To the maximum extent permitted by applicable law, the Platform and information made available through it are provided on an "as available" and "as is" basis.

Mbiki Power does not warrant that every Business will receive an Inquiry, that every Inquiry will be genuine or result in a transaction, or that a Business will satisfy the requirements of a particular potential customer.

Information provided by Users and Businesses may change, contain errors or become outdated. Users should verify information material to a transaction before relying upon it.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Mbiki Power shall not be liable for indirect, incidental, special, consequential or punitive loss arising from or relating to the use of the Platform.

This includes, to the extent permitted by law, loss of profits, revenue, business opportunities, goodwill, data, anticipated savings or commercial opportunities.

Mbiki Power shall not be responsible for losses arising from transactions, agreements, communications or disputes between Businesses and potential customers except to the extent that such liability cannot lawfully be excluded or limited.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

23. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless Mbiki Power and its officers, employees, agents and service providers against claims, losses, liabilities, damages, costs and expenses arising from or relating to:

• your breach of these Terms;
• your unlawful use of the Platform;
• Content submitted by you;
• your violation of another person's rights; or
• your transactions or dealings with other Users or Businesses.

24. Suspension and Termination

Mbiki Power may suspend, restrict or terminate access to an account or Platform feature where it reasonably believes that a User has breached these Terms, created a security or legal risk, supplied materially misleading information or otherwise misused the Platform.

A User may discontinue use of the Platform at any time, subject to obligations that accrued before termination.

Provisions which by their nature are intended to survive termination, including provisions concerning intellectual property, liability, indemnity, disputes and governing law, shall continue to apply.

25. Changes to These Terms

Mbiki Power may amend these Terms from time to time to reflect changes in the Platform, applicable law, security requirements, technology or business practices.

The revised Terms will be published on the Platform together with an updated effective date where appropriate.

Your continued use of the Platform after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.

26. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of Kenya, except to the extent that mandatory provisions of another applicable jurisdiction require otherwise.

27. Dispute Resolution

The parties should first attempt in good faith to resolve any dispute arising from these Terms or the use of the Platform through reasonable communication.

Where a dispute cannot be resolved informally, it shall be subject to the jurisdiction of the courts of Kenya, unless applicable law requires or permits another dispute resolution mechanism.

28. Severability

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision shall, to the extent legally permissible, be interpreted or modified to achieve its lawful purpose without affecting the validity of the remaining provisions.

29. No Waiver

No failure or delay by Mbiki Power in exercising a right or remedy under these Terms shall constitute a waiver of that right or remedy.

30. Entire Agreement

These Terms, together with any policies, notices or additional terms expressly incorporated into them, constitute the agreement governing your use of the Platform in relation to the matters covered by these Terms.

31. Contact

Questions concerning these Terms, your use of the Platform or Mbiki Power's services may be directed through the contact channels made available on the Platform.