Terms of Service

Terms of Service

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.

By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

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.

Key Terms

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)

  1. Only registered users may buy and sell on Unganika. Registration is free.
  2. Services/Products or products on Unganika may be offered at a base starting price of KSh 200 ($2). Some Services/Products/products are offered at a base price of more than Ksh 200 ($2) as determined by the Seller.
  3. Buyers pay Unganika in advance to create an order.
  4. Orders are purchased through the Buy button found on a Seller’s Service/Product page or through a Custom Offer.
  5. For fees and payments please read the documentation section here.
  6. Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
  7. Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering Services/Products for higher prices through Service/Product Extras, or selling their Service/Product in multiples.
  8. Users may not offer or accept payments using any method other than placing an order through Unganika.
  9. Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service/Product page. Note: some Services/Products charge additional payments (through Service/Product Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  10. Unganika retains the right to use all published delivered works for Unganika marketing and promotion purposes.
  11. We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

SELLERS

Basics

  1. Sellers create Services/Products on Unganika to allow Buyers to purchase their Services/Products.
  2. Sellers may also offer Custom Offers to Buyers in addition to their Services/Products.
  3. Each order you sell and successfully complete, accredits your account with a net revenue of between 90% and 98% of the purchase amount depending on the user subscription (free or purchased) and the amount of fee being charged (see Fees and Charges here).
  4. Unganika accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
  5. If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s Shopping Balance.
  6. Revenues are made available for withdrawal from the Revenue immediately after the order is marked as complete.
  7. Sellers may withdraw their revenues using one of Unganika’s withdrawal options as explained in Fees and Charges documentation here.
  8. The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below).
  9. For security concerns, Unganika may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Unganika accounts to a single withdrawal provider.
  10. Sellers are responsible for paying any direct or indirect taxes, including any VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Service/Product price shown on the Service/Product page is exclusive of all such taxes and charges that may apply to the Sellers.

Services/Products

  1. Sellers are allowed to set prices of active Service/Product to a maximum based on their Level status as explained in Fees and Charges documentation here.
  2. Services/Products created on Unganika are User Generated Content.
  3. Services/Products may be removed by Unganika for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

– 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.

  1. Services/Products that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  2. Services/Products that are removed for violations are not eligible to be restored or edited.
  3. Services/Products may be removed from our Search feature due to poor performance and/or user misconduct.
  4. Services/Products may include pre-approved website URLs contained within the Service/Product description and requirements box. Services/Products containing websites promoting content, which violates Unganika’s Terms of Service, will be removed.
  5. Services/Products are required to have an appropriate Service/Product image related to the Service/Product offered. An option to upload two additional Service/Product images are available to all Sellers.
  6. Services/Products may contain an approved Service/Product Video uploaded through the Service/Product management tools available on Unganika.
  7. Statements on the Service/Product Page that undermine or circumvent these Terms of Service is prohibited.
  8. Eligible Services/Products in select Categories may set up Service/Product Packages to offer their Services/Products in structured formats with multiple price points for the selected Service/Product.

Service/Product Extras

  1. Service/Product Extras are additional Services/Products offered on top of the Seller’s Service/Product for an additional price defined by the Seller.
  2. Service/Product Extras may be removed for violations of our Terms of Service. For specific terms, please see the Services/Products section above for a list of Services/Products that violate our Terms of Service. Services/Products are subject to be removed due to violations found in Service/Product Extras.
  3. The amount of Service/Product Extras, which can be offered, and the price for each Service/Product Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Service/Product Extras can be found here.
  4. Services/Products offered through Service/Product Extras must be related to the base Service/Product and part of the deliverables on the order.
  5. Service/Product Extras may cover different categories of Services/Products that are components to a higher quality delivered Service/Product.
  6. Sellers have the option to extend the duration of an order for each Service/Product Extra that is added to the order. This is to cover the time needed to complete the extra Service/Product.

Taxes

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.

Seller Features

Unganika Sellers have access to several exclusive features that help customize the way their Services/Products can be offered.
1. Sellers can also send Custom Offers addressing specific requirements of a Buyer.

  1. Custom Offers are defined by the Seller with the exact description of the Service/Product, the price and the time expected to deliver the Service/Product.
  2. Custom Offers are sent from the conversation page after clicking the “Contact” button in the Seller’s Service/Product/Product page.
  3. Services/Products provided through Custom Offers may not violate Unganika’s Terms of Service.
  4. The minimum Custom Offer price is KES 300 or $3 and the maximum is KES 1,000,000 or $10,000.

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).

  1. Services/Products that include shipping costs must have physical deliverables sent to Buyers.
  2. Shipping costs added to a Service/Product only pertains to the cost Sellers require to ship physical items to Buyers.
  3. Important: Buyers who purchase Services/Products that require physical delivery, will be asked to provide a shipping address.
  4. Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
  5. Unganika does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  6. A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the order page when delivering your Services/Products or Products.

Printing Services

  1. Some of the work on Unganika can be printed and physically delivered (Business Cards, Canvas/Poster Prints, T-Shirts, Flyers, Stationery, etc.).
  2. Important: Buyers who use the Printing Services/Products that require physical delivery, will be asked to provide a shipping address.
  3. Printing Service/Product is categorized as Service/Product Extra and therefore there has to be prior arrangements and agreement between Buyer and Seller. Unganika does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping. Users can contact Unganika’s customer support department for assistance here.
  4. You can use the Printing Services/Products for delivered work, to which you own all right, title, and interest. Such delivered work must not contain any libelous or otherwise illegal content, and does not actually or potentially infringe or misappropriate the copyright, trademark, or proprietary or intellectual property right of any person.

Withdrawing Revenues

  1. To withdraw your revenue, you must have an account with at least one of Unganika’s withdrawal methods.
  2. Your Unganika profile can be associated with only one account from each Unganika withdrawal methods. A withdrawal provider account can be associated with only one Unganika profile.
  3. Withdrawals of funds to Bank account are processed within 5 working days while withdrawals to Mobile payments are done twice daily on weekdays (11am & 4pm) and once on Saturdays (12pm).
  4. To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
  5. Withdrawals can only be made in the amount available to you.
  6. Currently Unganika does not charge any withdrawal fees, you receive the exact amount you request, until further notice.
  7. Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

Withdrawal Methods

  1. Bank Transfer
  2. Withdraw to your Mobile Money Account (M-Pesa, Airtel in Kenya)

BUYERS

Basics

  1. You may not offer direct payments to Sellers using payment systems outside of the Unganika Order system.
  2. Unganika retains the right to use all publicly published delivered works for Unganika marketing and promotional purposes.
  3. Buyers may request a specific Service/Product from the Post a Request feature found from the Shopping dashboard. Services/Products requested on Unganika must be an allowed Service/Product on Unganika. See “Services/Products” topic in this document for guidelines on approved Services/Products.

Purchasing

  1. Buyers pay Unganika to create an order from a Seller’s Service/Product page or Custom Offer, using the Order Now button.
  2. In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site.
  3. Services/Products may be purchased using one of the following payment methods: Credit/Debit Card, Mobile Money (M-Pesa or Airtel) and Bank Transfer.
  4. Processing fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. As of June 2018, the current fee assessed to the total purchase amount 5% of the purchases price. Funds returned to your balance from cancelled orders will not include processing fees paid.
  5. If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
  6. In certain locations, we may allow Buyers to pay in local currency (Buyers will always have the option to view prices and pay in US$). Buyers should note, however, that Services/Products’ local pricing is only a conversion of their original US$ price, and therefore local currency prices may change daily in accordance with current exchange rates.
  7. You may not offer Sellers to pay, or make payment using any method other than through the Unganika.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  8. To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the Site or transferring payments to Sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

Taxes

Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Service/Product price shown on the Service/Product page.

Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid to Unganika following any direct or indirect taxes, levy, withholding tax and/or deductions.

ORDERS

Basics
1. Once payment is confirmed, your order will be created and given a unique Unganika order number.

  1. Sellers must deliver exactly according to the Service/Product that was purchased and advertised on their Service/Product.
  2. Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller’s rating and result in a warning to Seller.
  3. An order is marked as complete after the order is marked as Delivered and then rated by a Buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
  4. 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.

Handling Orders

  1. When a Buyer orders a Service/Product, the Seller is notified by email, an SMS as well as notifications on the site while logged into the account.
  2. Sellers are required to meet the delivery time they specified when creating their Services/Products. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
  3. Sellers must deliver ordered Services/Products and/or proof of Services/Products using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
  4. Users are responsible for scanning all transferred files for viruses and malware. Unganika will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  5. A Seller may cancel an order without the Buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the Seller’s status.
  6. Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller’s description on their Service/Product page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

  1. Feedback reviews provided by Buyers while completing an order are an essential part of Unganika’s rating system. Reviews demonstrate the buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
  2. Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  3. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Unganika platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Unganika platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  4. Feedback comments given by Buyers are publicly displayed on a seller’s Product/Service page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
  5. Withholding the delivery of services, products, or information required to complete the Product/Service’s delivery with the intent to gain favorable reviews or additional services is prohibited.
  6. Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

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.

Basics

  1. Order cancellations can be performed on Unganika, when eligible, by Customer Support or through the Resolution Center per order.
  2. Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  3. In the event that a Buyer or Seller encounters an issue related to the Service/Product provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
  4. Unganika reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  5. All transfer and assignment of intellectual property to the 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.
  6. If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s shopping balance.
  7. Revisions to deliveries can be performed by Sellers based on the Seller’s Service/Product and customer care. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
  8. Requests for revisions can be performed through the Order page while the order is marked as Delivered.
  9. Requesting to gain more Services/Products from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

  1. Unganika encourages Buyers and Sellers to resolve Service/Product disputes mutually using the Support Center.
  2. Eligibility for requests to Unganika to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Unganika delivery system. See below for Order specific eligibility.
  3. Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order is marked as complete.
  4. Orders are not eligible to be cancelled based on the quality of Service/Product/materials delivered by the Seller if the Service/Product was rendered as described in the Service/Product page. Buyers may rate their experience with the Seller on the order page, including the overall level of Service/Product quality received.
  5. Buyers must use Unganika Support Center to address their concerns and desired resolution related to the Service/Product provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s Service/Product and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Unganika.
  6. Any non-permitted usage of Unganika encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Unganika’s Terms of Service.
  7. Unganika Customer Support will cancel orders based on, but not limited to, the following reasons:
  8. 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.

  1. 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.

  1. 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.

Refunds

  1. Unganika does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the Buyer’s balance as credit and are available for future purchases on Unganika. Funds returned to your balance from cancelled orders will not include processing fees paid.
  2. Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will not be refunded along with your deposit.

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.

Basics

  1. To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Unganika in order to circumvent or abuse the Unganika messaging system or Unganika platform is not permitted.
  2. Any necessary exchange of personal information required to continue a Service/Product may be exchanged within the order page.
  3. Unganika does not provide any guarantee of the level of Service/Product offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
  4. Unganika does not provide protection for users who interact outside of the Unganika platform.
  5. All information and file exchanges must be performed exclusively on Unganika’s platform.
  6. Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
  7. The Unganika marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Orders

  1. Users with the intention to defame competing Sellers by ordering from competing Services/Products will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  2. Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
  3. Unganika reviews cases of payment provider charge-backs and disputes on behalf of Sellers. Although results vary per case due to each charge-back reason, we work hard on resolving disputes in the Seller’s favor. If the charge-back case allows, Unganika will return parts or full revenue back to Sellers.

Services/Products

  1. Users may report Services/Products to Customer Support that may be in violation of Unganika’s Terms of Service based on the reported Service/Product’s replicated similarity to pre-existing Services/Products (copycat Services/Products).
  2. Unganika will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

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.

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.

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.

General Terms

  1. Unganika reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of Service/Product or due to any illegal or inappropriate use of the Site or Services/Products.
  2. Violation of Unganika’s Terms of Service may get your account disabled permanently.
  3. Users with disabled accounts will not be able to sell or buy on Unganika.
  4. Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  5. Users have the option to enable account Security features to protect their account from any unauthorized usage.
  6. Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  7. Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 60 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Unganika’s approval.
  8. Disputes should be handled by contacting Unganika Customer Support.
  9. Unganika may make changes to its Terms of Service from time to time. When these changes are made, Unganika will make a new copy of the terms of Service/Product available on this page.
  10. You understand and agree that if you use Unganika after the date on which the Terms of Service have changed, Unganika will treat your use as acceptance of the updated Terms of Service.

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

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.

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.

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.

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.

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.

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.