Sector-Specific Compliance Policy

2023-02-20 14:21:10

Sector-Specific Compliance Policy is a site operated by Kilimall International Limited (“We” or “Our”). We are registered in Kenya and operate as a Software as a Service (SaaS) solution provider focusing on the eCommerce sector. As a result of this solution, we note that various products that a prospective or current Vendor (“You” or “Your”) may offer for sale through the SaaS

require various regulatory compliance measures.

The Republic of Kenya is interested in protecting its citizens by introducing various standard measures or supervisory bodies that enhance consumer protection. In that regard, this Sector Specific Compliance Policy applies to all current and prospective vendors who intend to list any of their products or equipment for sale on our platform.

This policy should be read together with other Kilimall policies.

1. Regulatory Compliance

1.1. Suppose you are a vendor dealing in any activity requiring authorization from any government agency to own, market, or sell that particular product or equipment; you must provide Kilimall with such information. We reserve the right to contact the relevant government agency for verification purposes.

1.2. Example:

1.2.1. If you are a seller handling Unmanned Aircraft Systems (UAS) like a drone or its component(s), you are required to secure authorizations or permits from the Kenya Civil Aviation Authority (KCAA) – it is a statutory requirement.

1.2.2. The relevant regulation covers anyone who imports, exports, tests, owns, operates, procures, assembles, manufactures, modifies, or maintains a UAS in Kenya.

Some of the government agencies include but not limited to Anti-Counterfeit Authority, Kenya Bureau of Standards, Pharmacy and Poisons Board, Communications Authority, Kenya Films Classification Board, Business Service Registration Board, Kenya Industrial Property Institute, Kenya Copyright Board, among others.

1.3. Kilimall, as part of its brand practice, will deploy various measures to enhance consumer protection standards by requiring a vendor dealing with products falling under the sector-specific area to provide Kilimall with the authorization, license, permit, or certification marks.

2. Right to decline

2.1. In all instances, Kilimall reserves the right to decline to onboard a vendor regardless of having all the proper documents concerning a sector-specific authorization, license, or permit. Kilimall does not owe such a vendor or any other vendor any reasons for approval or declining the application.

3. Costs incurred by the vendor

3.1. A Vendor will be solely liable for any costs the vendor incurs to secure the relevant government authorization. Kilimall will not be responsible for any or part of the direct or indirect costs.

4. Legitimate expectations

4.1. In line with the “right to decline,” Kilimall does not assure any vendor that upon achieving any regulatory compliance, such a vendor will be approved to be a vendor on Kilimall platform.

4.2. Kilimall does not assure any vendor that upon securing such regulatory compliance and being approved for listing products on Kilimall''''''''s SaaS, such a vendor will be able to make any sales.

4.3. Kilimall does not assure any vendor that, upon approval, it will operate without any interruption or that the vendor''''''''s account will not be affected by various suspensions, termination, or third-party interference.

5. Unlawful use of the platform

5.1. If any vendor operates on Kilimall''''''''s platform contrary to any of the policies, approved terms or conditions, or the laws of Kenya, such a vendor may be suspended from the platform effective immediately. Kilimall may withhold the payments earned if the same is classified as money earned through an act of crime.

6. Hold Harmless

6.1. As a vendor, prospective or not, you agree to hold Kilimall harmless for any activities you do, whether directly or indirectly, whether it results in any cause of action or not.

6.2. Kilimall will always, as of right, substitute its name with your name in any proceedings initiated against Kilimall for any of your wrongdoing, whether intentional or not.

6.3. You will reimburse Kilimall any costs incurred (including any professional fees) due to your activities.

6.4. You agree that any amount owed to Kilimall will be regarded as a debt. Kilimall will exercise any of its rights through the courts as provided for under the Terms and Conditions of the website.

7. Data protection

7.1. We may collect various legally collected data concerning you and your business to process your application. Any data shared with us will be stored for a period Kilimall deems fit for complying with various statutory obligations.

7.2. In line with the “Hold harmless” Clause, we reserve the right to disclose your information to any government agency or body that has a legitimate reason for requesting such information.