Terms and Conditions

Welcome to SokoMix and SokoMix Classified Ads, owned and operated by Surrey Support Services. These Terms & Conditions (“Terms”) govern your use of the websites https://sokomix.com/ (“SokoMix”) and https://sokomix.com/app (“SokoMix Classified Ads”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services

1. ACCEPTANCE OF THE TERMS
These Terms and Conditions (the “Terms”) constitute a binding and enforceable legal contract between Surrey Support Services (the parent company that owns the
SokoMix and the SokoMix Classified Ads website), its affiliated companies (including, the “Administrator”, “we”, “us”) and you. Please read these Terms before using the site.

These Terms govern your access to and use of the SokoMix and the SokoMix Classified Ads website and mobile applications, as well as any service, material, and data made accessible through them. (including, the “Service” or the “Platform”).

If you disagree with any element of these Terms, or if you are not eligible or permitted to be legally bound by these Terms, do not access or use the Service. Please read our Privacy Policy and Billing Policy as well. The terms of the Privacy Policy, Billing Policy, and any additional terms, regulations, standards, or documentation
that may be posted periodically on the Platform are fully included herein by reference.

If you are registering as a new user to use the Service, you must agree to these Terms as they will apply to your use of the Service. If you are not registering as a new user, but are accessing or using the Service on behalf of an organization, company or other legal entity for which you are authorized to bind your organization to these Terms, then please indicate such in your credentials.

2. MODIFICATIONS TO THE TERMS
We reserve the right, at our sole discretion, to modify or alter these Terms at any time and for any cause, with or without prior notice. Any changes will take effect immediately following publication. You must regularly review this agreement to keep yourself apprised of any changes.

In the event that we make a material change to these Terms, we will provide you with prompt notice of such change by sending an email to your registered email address. Your continued use of the Service after we have posted any changes or modifications to these Terms constitutes your acknowledgement and acceptance of those changes or modifications.

You can find the most recent version of the Terms at: https://sokomix.com/terms-and-conditions/

If you do not agree with this version of the Terms, please do not access or use this Service.

3. DISCLAIMERS

1. ALL THE SERVICES PROVIDED BY THE ADMINISTRATOR ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SECURITY OR NONINFRINGEMENT WITH RESPECT TO THE ADMINISTRATOR’S SERVICES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.
2. THE ADMINISTRATOR DOES NOT CONTROL AND DOES NOT GUARANTEE THAT GOODS AND SERVICES POSTED BY USERS ON THE PLATFORM ACTUALLY EXIST, ARE OF DESIRED QUALITY, ARE SAFE, OR LEGAL.
3. THE ADMINISTRATOR DOES NOT CONTROL OR GUARANTEE THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE POSTS OR ANNOUNCEMENTS.
4. THE ADMINISTRATOR DOES NOT CONTROL OR GUARANTEE THE ABILITY OF SELLERS TO SELL GOODS OR TO PROVIDE SERVICES.
5. THE ADMINISTRATOR DOES NOT CONTROL OR GUARANTEE THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES.
6. THE ADMINISTRATOR DOES NOT CONTROL OR GUARANTEE THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION.
7. THE ADMINISTRATOR DOES NOT GUARANTEE THAT THE MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING, AND/OR USE OF PRODUCTS OR SERVICES, POSED ON THE PLATFORM DO NOT INFRINGE ON ANY RIGHTS OF THIRD PARTIES. DUE TO THIS, THE ADMINISTRATOR EXPLICITLY DISCLAIMS ALL LIABILITY ASSOCIATED WITH INFORMATION AND MATERIAL POSTED BY USERS ON THE PLATFORM.
8. WE STRONGLY RECOMMEND THAT YOU INSPECT THE GOODS BEFORE MAKING ANY PAYMENTS, AND TO ALSO ASK THE SELLER FOR DO CUMENTS PROVING GOODS’ COMPLIANCE WITH APPLICABLE REGULATORY REQUIREMENTS, STANDARDS AND GUIDELINES.
9. YOU ACKNOWLEDGE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR SAFETY AND THAT YOU SHOULD MEET WITH OTHER USERS TO COMPLETE A TRANSACTION ONLY IN SAFE PUBLIC LOCATIONS DURING THE DAYTIME.
10. YOU ACKNOWLEDGE YOUR PERSONAL RESPONSIBILITY OF PERFORMING DUE DILIGENCE ON ANY USER REQUESTING A MEETING IN ORDER TO TRANSACT OR CONDUCT A JOB INTERVIEW.
11. THE ADMINISTRATOR DOES NOT BEAR RESPONSIBILITY FOR ANY USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.

4. CONTENT
You understand that all material posted, transmitted or linked from the Platform, including images, photos, video, audio, text or messages (“Content”) are the sole
responsibility of the individual from whom the Content originated.

You are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Platform.

You understand that Surrey Support Services, SokoMix or SokoMix Classified Ads does not control, and is not responsible for Content made available through the Service.

You understand that the Content available through the Service may contain links to other websites, which are completely independent of the Platform. 

SokoMix and the SokoMix Classified Ads makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking
to any other webites is at your own risk.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances
will SokoMix, SokoMix Classified Ads or Surrey Support Services be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise made available via the Service.

You acknowledge that the Platform does not pre-screen or approve Content, but that the Platform shall have the right (without any obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating any of the Terms.

5. USER REGISTRATION
To access or use certain features of the platform you may be required to create an account on the Platform (the “Account”) and provide your personal details as prompted during the account creation process.

You are allowed to create an Account as an individual or as an authorized representative of a company.
You can register only one Account. If more than one person accesses its Account from the same device, we may request to upload the proof of identity to avoid duplicate accounts.

You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.

You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.

We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. SERVICE
The Platform is an online service that allows users to create and publish announcements, to view announcements published by other users, and to communicate
with other users using the contact details provided in the announcements. 

The Administrator does not import, manufacture, provide, sell or distribute any goods or services posted by users through the Service.

The Administrator does not market or act on behalf of any user in regard to marketing of any goods or services posted through the Service.

The Platform enables users to communicate. Therefore, the Administrator is not a party to any sale and purchase transactions/contracts entered into between the users. 

The users are responsible for the collection and remittance of any applicable taxes associated with the sale of goods and services through the Service.

The Administrator retains the right to block or delete any Ads/announcements posted on the Platform by users with or without any notice in the event of:

1. Receipt of mandatory decree from recognized public authorities;
2. Claim of intellectual property rights infringement by a holder of such rights;
3. Claim of legal rights (or interests) infringement by other users, legal entities, or
   other parties;
4. Breach of any of the Terms or any applicable law or regulation by an
   ad/announcement posted on the Platform by a user;
5. The Administrator is authorized to block or delete an Ad/announcement
   regardless of the provision of any validation.

The Administrator reserves a right to implement changes to the Platform/Service at any time with or without issuing notice to the users. You acknowledge that some of the actions taken by the Administrator on the Platform may impair or prevent your access to the Service at certain periods, on a limited basis or permanently. You agree that the Administrator is not liable for any losses or damages incurred as a result of such actions, including deletion of ads/announcements or any other Content or services.

You release us, our employees, agents, and successors from any claims of losses or damages, including personal injuries, death, and damage to property that directly or indirectly results from your interactions with any users of the Service or third-party websites, resources, or Ads. (Refer to section 4 (CONTENT) for Terms regarding the use of links to third-party websites, resources, or Ads that may be found on the Platform).

7. POSTING ANNOUNCEMENTS ON THE PLATFORM
The Administrator reserves a right to request documents confirming the legitimacy of Ads/announcements posted by users on the platform, and in the same way the identity documents of the users. You agree to provide such documents upon request by the Administrator.

A user shall provide detailed and complete information about goods or services when posting Ads/announcements on the Platform. The user shall also include the terms and conditions of sale of the goods or provision of service, which should also not conflict or interfere with these Terms and any other applicable laws and regulations.

The user shall provide exact prices of goods or services posted on the Platform. The user shall make it known through the Ad/announcement if the price of goods or services are perceived to change due to any circumstances.

8. PRICING
The Platform offers both free and paid services. The Administrator may set limits for posting Ads in various categories depending on the user’s package.
Users are allowed to have more than one Account if they use the paid plans option on each of them.

The Administrator reserves the right to make changes on the fees and acceptable payment methods at any time. Unless explicitly directed by mandatory laws or rules, fees for paid services are nonrefundable due to the nature of online services.

All payments made by users to the Platform are governed by the Billing Policy.

9. CONDUCT
By using the Service, you represent and warrant that:

1. You have the legal capacity and you agree to comply with the Terms;
2. If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Platform;
3. You are above 18 years of age;
4. You will or have provided true, accurate, and complete information in your Account;
5. You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
6. You will immediately change data for access to the Platform if you have a suspicion that your Account access details were disclosed or probably used by
   the third parties;
7. You will notify the Administrator of any unauthorized access to your Account;
8. You will not provide any false or misleading information about your identity or location in your Account;
9. You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;
10. You will not use the Service for any illegal or unauthorized purpose;
11. You will not post on the Platform announcements that offer for sale or exchange any Prohibited Items;
12. You will not post on the Platform announcements that infringe other person’s rights or interests, including any intellectual property rights or any other personal
    or proprietary rights of any third party;
13. You will not post on the Platform announcements that include:

• False, misleading or deceptive statements;
• Personal or identifying information about minors or other persons without the proper consent;
• Pornographic, overtly sexual materials;
• Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition;
• Defamatory, discriminatory, mean-spirited, threatening or harassing, improper, unacceptable materials, vulgar or abusive language;
• Advocacy of hate, violence, discrimination, racism, xenophobia, ethnic conflicts;
• Appeals to violence and unlawful actions;
• Offers of prostitution or other services contradicting moral or legal norms;
• Services, provision of which is prohibited by the applicable law;
• Information of solely promotional nature with no offers of specific goods or services;
• Counterfeit and imitated goods or unauthorized copies. Unauthorized copies include also goods having been acquired by illegal means, pirated or stolen; and
• Direct or indirect references to any other websites, references or information about websites competing with the Platform;

14. You will not use software and pursue any other actions aimed at interference with the normal operation of the Platform;
15. You will not promote or distribute unsolicited commercial emails, chain letters, Ponzi schemes through the Platform or by any other means toward other users of the Platform;
16. You will not copy, modify, or distribute any other User Content without the consent of the respective user;
17. You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;
18. You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;
19. You have a legal title to the items offered for sale in your announcement; and
20. You have the necessary license or are otherwise authorized, as required by applicable law, to offer for sale, to advertise and distribute goods described in your
announcement.

10. INDEMNITY
You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers,
directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of:
1. Your use of the Platform;
2. Your User Content;
3. Your violation of any representation, warranty, covenant, or obligation stipulated in these Terms;
4. Your violation of any applicable law, industry-standard, regulation, guideline,rule;
5. Any transaction entered into by you via the Platform or your violation of terms of such transaction.

The Administrator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

11. LIMITATION OF LIABILITY

1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA
   RESULTING THEREFROM.
2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE ADMINISTRATOR
   TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE, CONTENT OF ANNOUNCEMENTS, IS LIMITED TO THE LESSER OF THE AMOUNTS YOU HAVE PAID, IF ANY, TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISIN

12. INTELLECTUAL PROPERTY RIGHTS

1.  Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the
   “Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property
   rights in such registration information and the Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration
   information and the Content and use such information and the Content as reasonably necessary for or incidental to its operation of the Service and as
   described in these Terms and the Privacy Policy.
2. You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute,
   publicly display and perform, communicate and make available to the public the Content in connection with the Service, including to use and make the User
   Content public on the affiliated web-site, as well as for the Administrator’s marketing, advertising, and other purposes.
3. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or
   breach any contract or legal duty to any other parties.
4. Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos,
   interactive functions, etc. (“Materials“ “Content”) and trademarks, service marks and logos included in it (“Marks“) belong to or are licensed by the Administrator
   representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not
   allowed.
   Notice for Claims of Intellectual Property Violations and Copyright Infringement
5. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe
   that information that is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and
   you act in good faith according to law.
6. When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the
   following:
   1. an appeal should include the physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is
   believed to be infringed;
   2. the objects of intellectual property right, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such
   items shall be provided;
   3. you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of
   infringement;
   4. you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email
   address;
   5. signed application with regard to your faithful and reasonable believe in those materials being the objects of complaint concerning infringement of
   intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law;
   6. signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties’ claims related to deletion
   of relevant materials by the Administrator;
   7. signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to
   act in the name of a holder of an exclusive right, which has been supposedly infringed;
   8. statutory regulations which you believe to be violated in connection to using of disputable content;
   9. state, in which territory you believe the rights to be infringed;
   10.copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal.
7. The relevant notification shall be sent to email: [email protected]

13. GOVERNING LAWS AND JURISDICTION

• These Terms shall be governed in accordance with the laws of Kenya.
• Any dispute, controversy or claim arising out of or in connection to this contract, or breach, termination or invalidity thereof shall be settled by arbitration in
  accordance with the NCIA Arbitration Rules. The language to be used in the arbitral proceedings shall be English.

14. MISCELLANEOUS PROVISIONS

1. Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out
   and shall not affect the validity and enforceability of the remaining provisions.
2. We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting
   these Terms you give us consent to any such transfer or assignment.
3. If we fail to take an action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you
   breach these Terms.
4. In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator’s reasonable control.

15. CONTACT
If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: [email protected].