About these terms
Zendo is an online shop service run by [LEGAL NAME, e.g. Lindi Secure Solutions], a business registered in Kenya at [REGISTERED ADDRESS] (“Zendo”, “we”, “us”). “You” means the person who creates a Zendo account, and the business they create shops for.
By creating an account or using Zendo, you agree to these terms, and to them applying to any new features we add. If you use Zendo for a business, you confirm that you’re allowed to agree for that business.
Zendo is for running a business, not for personal or household use. Your shop’s customers don’t have an agreement with Zendo: their agreement is with you, the shop (see Your customers and your sales).
Your account
- Give us your real name and a working email address when you sign up, and keep them up to date. We may decline an account if the details look false.
- You sign in with your email address. We send a one-time code each time, so there’s no password. Anyone who can read your email can get into your account, so keep your email secure and never share a code. Zendo staff will never ask you for one.
- New accounts need a Gmail, Yahoo, Outlook or Zoho address.
- Your account email is where we send codes, order alerts and important notices. Check it regularly. A message only counts as coming from Zendo if it reaches you there or in your dashboard.
- You can add team members to a shop. Each person gets their own login: don’t share yours. As the shop owner, you’re responsible for what your team does in your shop, and for removing people who shouldn’t have access any more.
- You must be at least 18 years old to create an account.
Your shop and subscription
- Each shop has its own subscription. The price is shown on our website and in your dashboard before you pay. Prices are in Kenyan shillings. [Zendo is not registered for VAT, so our prices don’t include VAT.]
- A new shop’s first subscription is for one year. When it’s time to renew, you can choose a year, six months or one month, if that option is available for your plan.
- You pay with M-Pesa. Your shop is ready to set up as soon as your payment is confirmed.
- A renewal is due on the day your current period ends. If you renew early, the new period starts when the current one ends, so you never lose days you’ve paid for.
- The price you pay is the price shown when you pay. If we change our prices, the new price applies from your next renewal, and we’ll tell you at least [30] days before.
- Any credit on a shop can only be used for that shop.
- There’s no commission on your sales. Zendo doesn’t take a cut of what your customers pay you.
If you don’t renew
- Your dashboard warns you before your subscription ends.
- After it ends, you get a grace period of 16 days. During that time your shop stays online and your team can keep working, so you have time to pay.
- If you still haven’t renewed after the grace period, your shop is locked: it goes offline and only the subscription page is open until you renew.
- We keep a locked shop’s products, orders and settings for [90 DAYS] so you can come back. After that we may delete them. [TO CONFIRM]
Refunds
Subscription payments aren’t refundable, including for any part of a period you don’t use. If you don’t want to continue, simply don’t renew: your shop stays open until the end of the period you’ve paid for.
If we charge you by mistake, or charge you twice, tell us and we’ll refund the extra amount.
Domain names
- Your shop appears on your own domain name, such as yourshop.co.ke. You buy and renew it yourself from any registrar, and it belongs to you, not to Zendo. Zendo doesn’t sell or renew domains.
- Connecting your domain to Zendo is included in your subscription. You can connect up to 3 domains to each shop.
- We set up the secure connection (HTTPS) for you once your domain points to Zendo.
- If your domain expires or stops pointing to Zendo, your shop won’t show on it. Keeping your domain renewed is your responsibility. If you leave Zendo, you can point it anywhere you like.
Your customers and your sales
- Zendo isn’t a marketplace. Each sale is directly between you and your customer, and you are the seller. Zendo provides the tools; we’re not part of the sale.
- Your customers pay you directly, into your own M-Pesa till or paybill, bank or cash. Zendo never holds your customers’ money.
- You’re responsible for everything about what you sell: descriptions, prices, any fees and taxes, quality and defects, delivery, returns, refunds, warranties, customer service and dealing with fraud.
- Your shop must show how customers can contact you, your returns and warranty policy, and how and when you deliver. Your shop has pages for these; keep them accurate. They’re your policies, not Zendo’s.
- You’re responsible for following the laws that apply to your business, in Kenya and anywhere your customers are, including consumer protection, copyright, tax and KRA requirements, and any licences or permits you need.
What you can’t sell
You can’t use Zendo to sell or promote:
- anything illegal in Kenya or where your customers are, or that you don’t have the right to sell;
- counterfeit goods: products made to look like a genuine brand they aren’t;
- stolen or blacklisted phones and devices;
- recreational drugs, psychoactive substances and drug equipment;
- weapons, ammunition, explosives and fireworks, or instructions for making harmful things;
- products made for cheating or deceiving people, such as hacking tools, fake documents and academic cheating services;
- content that promotes hatred, discrimination, violence, bullying or self-harm, or shows graphic violence or cruelty to animals;
- endangered wildlife, or products made from it, such as ivory;
- sexual content involving anyone under 18, or that wasn’t consented to;
- pyramid schemes, or anything meant to cheat customers.
What needs a licence or approval
Some products are allowed only if you hold the licences or approvals Kenyan law requires, follow the rules that come with them, and never target children:
- Medicines and health products, including over-the-counter and prescription medicines, supplements and fertility products. Unapproved medicines can’t be sold at all.
- Alcohol and tobacco.
- Gambling and lotteries.
- Adult products, which must not be sexually explicit.
We may ask you to show a licence, and we may limit or remove products like these.
Be honest with your customers: describe yourself and your products truthfully, and make sure customers know what they’re buying before they order.
If we believe a shop breaks these rules, we may remove the content or suspend the shop. Where we can, we’ll tell you first and give you a chance to fix it. Serious or repeated breaches can lead to the account being closed.
Using Zendo fairly
You agree not to:
- copy, resell or rent out Zendo or access to it without our written permission;
- get around limits we’ve set, switch on features that are turned off, or try to take apart or copy our software;
- use robots, scrapers or other automated tools to access Zendo or collect data from it;
- try to break into Zendo or other shops, send spam, or overload our systems;
- threaten or abuse Zendo staff. We may close an account straight away if this happens.
Your content and brand
- Your product names, descriptions, photos, logo, shop name and other content stay yours.
- You allow Zendo, and the service providers we use, to store, copy, show, adapt and share that content (for example, resizing photos so they load fast, or showing your products to search engines) as needed to run your shop. This permission is free, worldwide and non-exclusive, and it ends when your content is deleted, except where we need it for things that happened while you used Zendo.
- We may show your shop’s name, logo and website as an example of a shop built on Zendo. If you’d rather we didn’t, tell us and we’ll stop.
- You confirm you have the right to use everything you upload, including photos and brand names you didn’t create yourself.
- We don’t check content before it goes live, but we may remove anything that breaks these terms or the law.
- Content travels across the internet and our providers’ systems to reach your customers, and may be adjusted (for example, compressed) along the way.
Zendo’s software and your ideas
- Zendo’s software, design, name and logo belong to us. Using Zendo doesn’t give you any ownership of them.
- We welcome your ideas for improving Zendo. If you share one, we may use it freely, without owing you payment, and it won’t be treated as confidential.
Google and visitor figures
- To help your shop be found, we connect it to Google Search Console and Google Analytics, set up under Zendo’s Google account. We show you the figures in your dashboard.
- Your shop asks visitors for permission before measuring their visits.
- We build shops so search engines can read them, but nobody can promise when, or where, Google will show your products. That’s Google’s decision.
Personal data
- We handle personal data in line with Kenya’s Data Protection Act, 2019. Our Privacy policy explains what we collect about you and why.
- For your customers’ details (such as names, phone numbers and delivery addresses), you decide what’s collected and how it’s used, and Zendo stores and processes it on your behalf. We collect as little as we need: a phone number, and a name and address only when given.
- Use your customers’ details only to serve their orders, and only contact them in ways they’ve agreed to.
Keeping each other’s information private
- You’ll see some of our non-public information, such as how our security works, and we hold yours, such as your customer lists, sales and prices. We each agree to use the other’s confidential information only for using or providing Zendo, and to protect it as carefully as our own.
- We may share it only with staff and providers who need it and keep it confidential, or when the law or a court requires. If that happens to your information, we’ll tell you where the law allows.
- This doesn’t cover information that’s already public, that the other party already had or developed on their own, or that they got properly from someone else.
Our service and our rights
- We work hard to keep Zendo running and your shop online, but we can’t promise it will never be interrupted. We may need short breaks for maintenance and updates.
- We keep improving Zendo, so features may change, and not every feature is available to every shop. If we remove something important you use, we’ll tell you in advance.
- Zendo serves many shops, including shops that compete with yours. We never use one shop’s confidential information to help another.
- If people disagree about who owns an account or shop, we may ask for documents such as a business registration certificate or ID. We decide who the rightful owner is, and we may pause the account until it’s settled.
- Support is for people with a Zendo account. You can reach us on WhatsApp, by phone or by email (see Contact us).
Our responsibility to you
- Zendo is provided “as is”. As far as the law allows, we don’t promise that it will be free of errors, always available or secure, that the figures it shows will always be exact, or that it will meet every expectation.
- As far as the law allows, Zendo isn’t responsible for lost sales, lost profits, lost data or other indirect losses, or for problems caused by things outside our control, such as power or internet failures, M-Pesa or registrar outages, or Google’s decisions.
- As far as the law allows, our total responsibility to you for a shop is limited to what you paid us for that shop in the 12 months before the problem. [TO CONFIRM]
- Your taxes are your responsibility. Zendo doesn’t file or pay tax for your business.
- If someone makes a claim against Zendo because you broke these terms or the law, because of your products or content, or because of a sale between you and a customer, you agree to cover Zendo’s reasonable costs of dealing with it. You’re also responsible for anything your team or anyone acting for you does in your shop.
- Nothing in these terms takes away rights you have under Kenyan law that can’t be taken away, including under the Consumer Protection Act, 2012.
Ending your use of Zendo
- You can stop at any time by not renewing, or by asking us to close your account. [You can also ask us to delete your shop’s data.]
- We may suspend or close a shop that seriously or repeatedly breaks these terms. We’ll warn you first, except in urgent cases such as suspected fraud, illegal goods or abuse of our staff.
- When an account or shop is closed: you can no longer sign in to it, the shop goes offline, payments already made aren’t refunded, and your domain is yours to point elsewhere. Anything that happened before closing still counts.
- If we ever stop offering Zendo, we’ll give you at least [60] days’ notice and a way to download your products and orders.
Changes to these terms
We may update these terms as Zendo changes. For important changes we’ll tell you by email or in your dashboard at least [30] days before they apply. If you keep using Zendo after that, the new terms apply to you.
Kenyan law and disagreements
These terms are governed by the laws of Kenya. If something goes wrong, please talk to us first; most problems can be sorted out quickly. If we can’t agree, we’ll try mediation in Nairobi before going to court, and the courts of Kenya will decide. [TO CONFIRM]