Terms and Conditions

Effective Date: 12th October 2024.


1. Acceptance of Terms


By accessing or using the eShopper Africa platform, including the website (https://eshopper.africa) and the eShopper Africa Android app hosted on the Google Play Store (collectively referred to as the "Platform"), you agree to be bound by these Terms and Conditions ("Terms"). You must not use the Platform if you do not agree to these Terms.

2. Definitions


  • Platform: Refers to the eShopper Africa website (https://eshopper.africa) and the eShopper Africa Android app hosted on the Google Play Store.
  • User: Refers to individuals or entities purchasing tickets or accessing the Platform.
  • Event: Refers to any activity, concert, show, or gathering advertised by a Vendor on the Platform.
  • Personal Data: Refers to any information relating to an identified or identifiable natural person, as defined under the Data Protection Act, 2019.

3. Vendor Responsibilities


  1. Accurate Information: Vendors must provide accurate and complete information about their events, including event details, dates, times, locations, and ticket prices.
  2. Compliance with Laws: Vendors must ensure that their events comply with all applicable laws, regulations, and permits.
  3. Prohibited Content: Vendors must not advertise events that are illegal, fraudulent, or violate the rights of others.
  4. Liability: Vendors are solely responsible for the events they advertise. eShopper Africa is not liable for any issues arising from the event, including cancellations, damages, or disputes.
  5. Fees and Payments: Vendors agree to pay any applicable fees for using the Platform, as outlined in the Vendor Agreement.

4. User Responsibilities


  1. Ticket Purchase: Users are responsible for verifying event details before purchasing tickets. eShopper Africa is not liable for any errors or omissions in event information provided by Vendors.
  2. Refunds and Cancellations: Refund and cancellation policies are determined by the Vendor. Users must contact the Vendor directly for any issues related to refunds or cancellations.
  3. Prohibited Activities: Users must not use the Platform for any unlawful or fraudulent purposes, including reselling tickets in violation of Vendor policies.

5. Data Protection and Privacy Rights


  1. Compliance with Data Protection Laws: eShopper Africa complies with the Data Protection Act, 2019and the Kenyan Constitution of 2010, which guarantee the right to privacy and protection of personal data.
  2. Collection of Personal Data: eShopper Africa collects personal data such as names, email addresses, phone numbers, and payment information to facilitate transactions and improve user experience.
  3. Purpose of Data Processing: Personal data is processed for the following purposes:
    • Facilitating ticket purchases and event registrations.
    • Communicating with Users and Vendors.
    • Improving Platform functionality and user experience
    • Complying with legal and regulatory requirements
  4. Data Subject Rights: Users and Vendors have the following rights under the Data Protection Act, 2019:
    • Right to Access: You may request access to your personal data held by eShopper Africa.
    • Right to Rectification: You may request the correction of inaccurate or incomplete personal data.
    • Right to Erasure: You may request deletion of your personal data, subject to legal obligations.
    • Right to Restrict Processing: You may request a restriction of processing under certain circumstances.
    • Right to Data Portability: You may request a copy of your data in a structured, commonly used format.
    • Right to Object: You may object to the processing of your data for specific purposes, such as direct marketing.
  5. Data Security: eShopper Africa implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, or destruction.
  6. Data Sharing: Personal data may be shared with third-party service providers (e.g., payment processors) only for the purposes outlined in these Terms. eShopper Africa does not sell personal data to third parties.
  7. Data Retention: Personal data is retained only for as long as necessary to fulfil the purposes for which it was collected or as required by law.

6. Platform Responsibilities


  1. Service Availability: eShopper Africa will make reasonable efforts to ensure the Platform is available and functional but does not guarantee uninterrupted access.
  2. Content Moderation: eShopper Africa reserves the right to remove or suspend any event listings that violate these Terms or applicable laws.
  3. Dispute Resolution: eShopper Africa is not responsible for disputes between Vendors and Users. However, we may assist in resolving disputes at our discretion.

7. Android App-Specific Terms


  1. Google Play Store Compliance: The eShopper Africa Android app complies with Google Play Store policies. Users downloading the app from the Google Play Store are also subject to Google’s Terms of Service.
  2. App Permissions: The eShopper Africa Android app may request certain permissions (e.g., location, storage) to enhance functionality. Users can manage these permissions through their device settings.
  3. Updates and Maintenance: eShopper Africa may release updates to the Android app to improve performance or add features. Users are encouraged to keep the app updated to the latest version.
  4. Device Compatibility: The Android app is designed to work on compatible devices. eShopper Africa is not responsible for any issues arising from the use of incompatible or outdated devices.

8. Limitation of Liability


  1. eShopper Africa is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Platform, including but not limited to event cancellations, ticket fraud, or Vendor misconduct.
  2. Users and Vendors agree to indemnify and hold eShopper Africa harmless from any claims, damages, or losses arising from their use of the Platform

9. Intellectual Property


  1. All content on the Platform, including logos, trademarks, and text, is the property of eShopper Africa or its licensors and is protected by intellectual property laws.
  2. Vendors grant eShopper Africa a non-exclusive, royalty-free license to use their event content for promotional purposes.

10. Privacy Policy


  • User and Vendor data is collected and processed in accordance with eShopper Africa’s Privacy Policy, which is incorporated into these Terms by reference.

11. Termination


  1. eShopper Africa reserves the right to suspend or terminate access to the Platform for any User or Vendor who violates these Terms.
  2. Vendors may terminate their agreement with eShopper Africa by providing written notice, subject to any outstanding obligations.

12. Governing Law


  • These Terms are governed by the laws of Kenya. Any disputes arising from these Terms shall be resolved in the courts of Kenya.

13. Amendments


  • eShopper Africa reserves the right to modify these Terms at any time. Continued use of the Platform after changes constitute acceptance of the revised Terms.

14. Contact Us


For any questions or concerns regarding these Terms or data protection, please contact us at:

Eshopper Market Place LTD
Email : info@eshopper.africa
Phone : +254743740710
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