Anti-Counterfeit Policy

Anti-Counterfeit Policy

Disclaimer

This Anti-Counterfeit Policy is meant to provide general information concerning the need to offer authentic products to the Kenyan market via Kilimall Marketplace. It does not serve as a legal opinion, advise or professional advise; you are also encouraged to secure advise from your preferred professional advisor.

1. About this Policy

The purpose of this policy is to raise public awareness on how to assess whether a product is authentic, and/or penalties for providing or selling counterfeit products via the Kilimall platform.

2. Introduction

Anti-Counterfeit Policy refers to measures put in place for purposes of enhancing consumer protection and encouraging sellers utilizing Kilimall platform to formulate measures of ensuring that their respective operations are cautious to consumer interests and any government agency requiring such compliance measures.

3. What is a counterfeit good?

According to the Anti-Counterfeit Act, a counterfeit good is one that is an imitation or in violation of the owner/license/assignee of authentic good or rights to the authentic good.

4. Product monitoring

On matters authenticity of goods, it is the role of the Government of Kenya through its various agencies like Kenya Bureau of Standards (KEBS), Anti-Counterfeit Authority (ACA), Kenya Trade Network Agency (KenTrade), Customs and Border Control Department, among others to put up measures that ensure all the products that enter the Kenyan market are compliant with the laws of Kenya.

The owners of the products engage in intense Brand Protection measures, which may result in noticing counterfeit products in various markets.

5. Our role

Kilimall strives to ensure that it onboards genuine sellers to ensure that consumers get access to a variety of genuine products on its platform. Kilimall shall take action against any seller who violates this policy. However, while our role is limited to this extent, Kilimall may receive notifications, request for disclosure, among others, from the relevant government agencies and owner of the intellectual property. In such instances, where it is legally reasonable, Kilimall will comply, and you will always hold Kilimall harmless.

Kilimall will always substitute its name with that of the seller (including the agents or whosoever) that caused Kilimall to be sued or enjoined in any dispute and will reimburse Kilimall any costs arising from such disputes.

6.How will I know the product is a counterfeit?
There are different ways to detect a counterfeit product, listed as below;


i.A person (buyer or seller):
a.is required to have a firsthand knowledge of the product that you would like to purchase, including product branding, marks, styling, appearance, colour codes, distribution channels, among others.
b.may engage the principal manufacturer, producer, among others, to confirm whether they have a certain person as an authorized distributor.
c.may conduct a search on ACA Database to note whether the person selling is the owner or authorized distributor.
d.may use the available counterfeit checking measures put in place by the owner of the product.
e.may check the owner’s database on authorised dealers. Examples; Samsung, Hewlett-Packard Company (HP), Lenovo, Huawei, among others.
f.may request the seller to provide any clearances from ACA,
among other measures.


ii.A Seller:
is required to take extreme measures to ensure that there is no chance that it is in contravention of any applicable regulatory framework since the implication will be dire as the owners of the product will sue – such activities attract both criminal and civil legal action.


7.Consequences of violating this policy
Kilimall will take action against any seller who violates this policy, causing provision of counterfeit goods via its platform whether it is purchased or not. The causes of action include but not limited to the following:
1)Suspension of the seller’s account;
2)Withholding of the funds with a provision to release all the funds to the Assets Recovery Agency;
3)Disclosure of the offenders information to the owner of the product, its representatives, or whosever that has authority from the product owner;
4)Disclosure of the offenders information to the relevant government agency that has legally requested for the information;
5)Claim for any damages suffered or costs incurred by Kilimall as a result of provision of counterfeit products;
6)Shipping/sending the products to the product owner at your costs (primary) or product owner’s cost (secondary);
7)Destruction of the counterfeit products are per orders issued as per the law; or
8)A penalty of United States Dollars Two Hundred (USD 200) will be applied by Kilimall for using its platform in a manner that violates its Anti-Counterfeit policy per offence. Note that such a penalty has no nexus with any legal action Kilimall or any third-party will take against you.
Any funds withheld from your account as a seller will be used to settle certain measures herein above.


Published by 20 Feb 2023