Terms & Conditions

These Terms of Use (the “Terms”) establish a legally binding contract between Pins To Planes Group and its affiliated companies (collectively referred to as the “Administrator”, “we”, or “us”) and you. Please read these Terms carefully.

Your access to and use of the p2p.co.ke website and mobile applications, as well as any services, content, and data available through them (referred to as the “Service” or the “Platform”), are governed by these Terms.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms or if you are not eligible or authorized to be bound by them, then please do not access or use the Service.

Additionally, please review our Privacy Policy. The terms of the Privacy Policy and any other supplemental terms, rules, policies, or documents posted on the Platform are hereby expressly incorporated into these Terms by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason, with or without prior notice.

IMPORTANT DISCLAIMERS

ALL SERVICES PROVIDED BY THE ADMINISTRATOR ARE OFFERED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES REGARDING CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE, AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY DISCLAIMED.

THE ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY, OR LEGALITY OF GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF SELLERS TO SELL GOODS OR PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. THE ADMINISTRATOR MAKES NO GUARANTEES CONCERNING WHETHER THE MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAY, PURCHASE, SALE, ADVERTISING, AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE PLATFORM INFRINGE UPON ANY THIRD PARTIES’ RIGHTS. THEREFORE, THE ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM.

YOU ARE ENCOURAGED TO INSPECT GOODS BEFORE MAKING PAYMENTS AND TO REQUEST SELLERS TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE LEGAL REQUIREMENTS, REGULATIONS, RULES, GUIDELINES, AND STANDARDS.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND UNDERSTAND THAT MEETINGS WITH OTHER INDIVIDUALS FOR COMPLETING TRANSACTIONS SHOULD OCCUR ONLY IN SAFE PUBLIC PLACES DURING DAYLIGHT HOURS. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING FOR A JOB INTERVIEW OR TRANSACTION COMPLETION. THE ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USERS’ INTERACTIONS WITH ANY INDIVIDUAL OR ORGANIZATION.

ACCOUNT REGISTRATION

To access certain features of the Service, you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.

Accounts may be created by individuals or authorized representatives of companies.

Only one Account may be registered per person. If multiple individuals access an Account from the same device, proof of identity may be requested to prevent duplicate accounts.

You are solely responsible for safeguarding and maintaining the confidentiality of your Account access details, and you are fully responsible and liable for any activity conducted using your Account.

By registering an Account, you represent and warrant that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. Minors (generally under the age of 18) must have permission from their parent or guardian to use the Service. If you are a minor, your parent or guardian must read and agree to these Terms before you use the Service.

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

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

SERVICE

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

The Administrator is not an importer, manufacturer, distributor, or seller of any item, nor a provider of any service posted by users on the Platform. Additionally, the Administrator does not act as a marketer or representative for users regarding the marketing of goods or services on the Platform. Actual sale and purchase contracts or service contracts are entered into directly between users, and the Administrator is not a party to such transactions. The Administrator provides users with a communication platform.

Users are solely responsible for collecting and remitting any applicable taxes resulting from the sale of their goods or services posted on the Platform.

The Administrator reserves the right to delete or block access to announcements posted by users without notice in the event of:

  1. receipt of mandatory judgments from competent public authorities;
  2. claims by holders of intellectual property rights to terminate infringement of their rights by a user on the Platform;
  3. infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request;
  4. detection of announcements posted by a user on the Platform that breach these Terms or any applicable law, regulation, rule, or standard.

The Administrator is authorized to delete or block user announcements regardless of providing substantiation to the user.

The Administrator retains the right to implement changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that various actions by the Administrator may impair or prevent your access to the Service at certain times and/or in certain ways, temporarily or permanently, and agree that the Administrator bears no responsibility or liability for any such actions or results, including, but not limited to, the deletion of, or failure to make available to you, any content or services.

Each user of the Service is solely responsible for any and all User Content (as defined below). Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and make no guarantees regarding its accuracy, currency, suitability, or quality. Your interactions with other Service users are solely between you and such users, and we are not responsible for any loss or damage resulting from such interactions. If a dispute arises between you and another Service user, we are under no obligation to intervene.

The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads are not under the control of the Administrator, and we are not responsible for them. We provide these Third-Party Ads as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Ads. Advertisements and other information provided by online properties to which the Third-Party Ads lead may not be entirely accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you access third-party online properties, the terms and policies of the applicable service provider, including privacy and data gathering practices, govern. You should conduct any necessary investigation before engaging in any transactions with third parties. Your transactions and dealings with Third-Party Ads found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third parties.

You hereby release us, our officers, employees, agents, successors, and representatives from any and all claims, demands, losses, damages, rights, claims, and actions of any kind, including personal injuries, death, and property damage, directly or indirectly related to or arising from any interactions with or conduct of any Service users or any Third-Party Ads.

POSTING OF ANNOUNCEMENTS BY USERS

Users shall provide the Administrator with any documents confirming the legitimacy of posting announcements and identity documents upon request.

Users posting announcements regarding the sale of goods or services on the Platform shall provide accurate and complete information about such goods and services, as well as the terms and conditions of sale and service provision. Phone numbers associated with each announcement must be reachable, implying not only the ability to receive messages but also the availability to answer calls promptly. Failure to maintain an accessible and functional phone number may result in the temporary closure of user advertisements.

Terms and conditions of sale and service provision developed by users shall not conflict with these Terms or applicable laws.

Prices of goods or services shall be precise. Any perceived changes due to specific circumstances shall be disclosed in the announcement.

When uploading a YouTube video to your announcement using the YouTube API Services functionality offered by the Administrator, you agree to be bound by the YouTube Terms of Service available at: https://www.youtube.com/t/terms.

When uploading a Facebook video to your announcement using the Facebook Embedded Video & Live Player functionality offered by the Administrator, you agree to be bound by the Meta Platform Terms available at https://developers.facebook.com/terms/ and Facebook Terms of Service available at https://www.facebook.com/terms.php.

FEES

The Platform is generally free to use; however, it may include payable services. For example, we may impose limits on publishing announcements in certain categories or offer advertising options for announcements on the Platform.

Users may register multiple Accounts if they utilize payable services on each.

The fees for using payable services and accepted payment methods are disclosed on the Platform.

We reserve the right, in our sole discretion, to change the fees and acceptable payment methods at any time and for any reason.

Unless explicitly provided otherwise by mandatory laws, fees are non-refundable due to the nature of online services.

USER REPRESENTATIONS AND WARRANTIES

By using the Service, you represent and warrant that:

You have the legal capacity and agree to comply with the Terms;

If you register as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with Platform users;

You are over 18 years of age;

You have provided true, accurate, and complete information in your Account;

You will update your Account information to maintain its accuracy and completeness;

You will promptly change your Account access data if you suspect unauthorized use by third parties;

You will notify the Administrator of any unauthorized Account access;

You will not provide false or misleading information about your identity or location in your Account;

You will use the Service in strict compliance with applicable laws, regulations, rules, and guidelines;

You will not use the Service for illegal or unauthorized purposes;

You will not post announcements on the Platform offering for sale or exchange any Prohibited Items but not limited to the items below:

  • Narcotics, steroids, and any drugs or medications that require a prescription from a licensed medical specialist
  • Weapons
  • Restricted military/police items
  • Human organs
  • Illegal/pirated copies
  • Stolen property
  • Code grabbing and lock picking devices
  • Electronic equipment prohibited by the law
  • Sexually-oriented services
  • Loans, money transactions, Bitcoin
  • Multi-level marketing, pyramid, and matrix programs
  • Network marketing and “Home Base Business” jobs
  • Products (goods or services) prohibited to sell by the law, in particular:
    • Food, processed food, water, soft drinks, spirit drinks, medical devices, drugs, drug products, cosmetics, chemicals, agrochemicals, pesticides, veterinary drugs or other goods if they have not been registered with the relevant authority of the Republic of Kenya;
    • Any goods, sale, distribution or advertising of which is banned or restricted by the relevant authority of the Republic of Kenya;
    • Any goods, sale, distribution or advertising of which is prohibited by applicable legislation of the Republic of Kenya;
    • Any goods that do not comply with standards and quality requirements imposed on such goods by applicable legislation of the Republic of Kenya; or
    • Any goods that are represented on the label or described as a treatment, preventative or cure for diseases, disorders or abnormal physical states specified by applicable legislation of the Republic of Kenya.

If you have noticed any adverts promoting prohibited items, please report them via the contact provided in the contact section.

You will not post announcements on the Platform that infringe upon another person’s rights or interests, including intellectual property rights or any other personal or proprietary rights of any third party.

You will not post announcements on the Platform that contain:

false, misleading, or deceptive statements;

personal or identifying information about minors or other persons without proper consent;

pornographic or overtly sexual materials;

depictions encouraging illegal or reckless use of weapons, dangerous objects, or facilitating the purchase of firearms or ammunition;

defamatory, discriminatory, mean-spirited, threatening, harassing, improper, unacceptable, vulgar, or abusive language;

advocacy of hate, violence, discrimination, racism, xenophobia, or ethnic conflicts;

calls to violence and unlawful actions;

offers of prostitution or other services contradicting moral or legal norms;

services prohibited by applicable law;

solely promotional information with no offers of specific goods or services;

counterfeit, imitated goods, or unauthorized copies. Unauthorized copies include goods acquired by illegal means, pirated, or stolen; and

direct or indirect references to any other websites, or information about websites competing with the Platform;

You will not use software or engage in any actions aimed at interfering with the normal operation of the Platform;

You will not promote or distribute unsolicited commercial emails, chain letters, or Ponzi schemes through the Platform or any other means to other Platform users;

You will not copy, modify, or distribute any other User Content without the consent of the respective user;

You will not harvest or otherwise collect information about users, including email addresses or phone numbers, without their consent, or otherwise violate another person’s privacy;

You will not download, store, post, distribute, or provide access to worms, viruses, trojans, or other malware;

You have legal title to items offered for sale in your announcement; and

You have the necessary licenses or authorization, as required by applicable law, to offer for sale, advertise, and distribute goods described in your announcement.

INDEMNIFICATION

You agree to indemnify and hold harmless the Administrator, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, partners, and the officers, directors, employees, agents, and representatives of each of them 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, or rule;
  5. any transaction entered into by you via the Platform or your violation of the 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.

    LIMITATION OF LIABILITY

    IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS 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.

    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 ARISING OR KSH10,000.

    INTELLECTUAL PROPERTY RIGHTS

    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 “User 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 User Content. However, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

    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 User Content in connection with the Service, including to use and make the User Content public on the affiliated website, as well as for the Administrator’s marketing, advertising, and other purposes.

    You agree, represent, and warrant that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party nor breach any contract or legal duty to any other parties.

    Materials on the Platform, except those posted by users, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive features, and trademarks, service marks, and logos included therein (“Materials”) belong to or are licensed by the Administrator, representing items of copyright and any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is prohibited.

    Notice for Claims of Intellectual Property Violations and Copyright Infringement

    If you are a holder of intellectual property rights or a person authorized to act on behalf of a holder of intellectual property rights, and you reasonably believe that information posted to the Platform infringes your intellectual property rights or the intellectual property rights of the person on whose behalf you act, you may notify the Administrator to request the removal of such material. In this regard, you warrant that your request has a legal basis, and you act in good faith according to the law.

    When providing a notification concerning infringement of rights, you shall ensure that your request corresponds to the form below and includes the following:

    the physical or electronic signature of a person authorized to act on behalf of the rights holder believed to be infringed;

    specification of the objects of intellectual property rights alleged to have been infringed. If several objects exist, the entire list of such items shall be provided;

    identification of materials (with specific URL pages) alleged to infringe rights or themselves be the objects of infringement;

    contact information to allow the Administrator to contact you, such as address, phone number, and email address;

    a signed statement that you believe, in good faith, that the materials in question are being used without the consent of the rights holder or its representative, and that such use is not allowed by law;

    a signed statement that the rights holder releases the Administrator from any third-party claims related to the deletion of the relevant materials by the Administrator;

    a signed statement that the information contained in the notification is accurate, under penalty of perjury, and that you are authorized to act on behalf of the rights holder; statutory provisions that you believe have been violated in connection with the use of the disputed content;

    the jurisdiction in which you believe the rights are being infringed;

    copies of documents establishing rights to an object of intellectual property rights subject to protection, as well as a document confirming authorization to act on behalf of the rights holder, as attachments to your request.

    The relevant notification shall be sent to the email info@pins2planes.com.

    GOVERNING LAW AND JURISDICTION

    These Terms shall be governed by the laws of Kenya.

    Any dispute, controversy, or claim arising out of or in connection with this contract, or its breach, termination, or invalidity, shall be settled by arbitration in accordance with the NCIA Arbitration Rules. The language used in the arbitral proceedings shall be English.

    MISCELLANEOUS PROVISIONS

    Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or unenforceable, such provision shall be struck and shall not affect the validity and enforceability of the remaining provisions.

    We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any means, including by novation, and by accepting these Terms you consent to any such transfer or assignment.

    If we fail to act 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.

    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 beyond the Administrator’s reasonable control.

    CONTACT

    If you need to send any notice under these Terms or have any questions regarding the Service, you may contact us at: info@pins2planes.com