Terms of Use
Last updated: May 10, 2026
1. Acceptance of Terms
By accessing shopswift.co.ke or any ShopSwift platform, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, you must not use the platform.
You must be at least 18 years of age to create an account and use ShopSwift. By registering, you confirm that you meet this age requirement.
2. The ShopSwift Platform
ShopSwift is a multi-vendor marketplace that connects buyers with sellers across East Africa. We provide the technology platform, payment processing infrastructure, and escrow services.
ShopSwift is not a party to the transactions between buyers and sellers. We facilitate the connection and provide secure payment processing, but the contract of sale is between the buyer and the seller.
3. User Accounts
- You must provide accurate and truthful information when creating your account.
- You are responsible for maintaining the security of your account credentials.
- One account per person. Creating multiple accounts will result in all accounts being banned.
- We reserve the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or pose a risk to other users.
4. Seller Terms
- Sellers must only list items they legally own and have the right to sell.
- Prohibited items include: weapons, drugs, counterfeit goods, stolen property, endangered species products, adult content, illegal services, and pirated software or media.
- Sellers must honor their listed prices and deliver products as described in the listing.
- Sellers must complete KYC (Know Your Customer) verification within 30 days of their first sale.
- Commission fees apply according to the seller's current plan (Free, Starter, or Business).
- Payouts are processed only after the buyer confirms delivery or the escrow auto-release period expires.
- Fraudulent sellers will be permanently banned and may be reported to relevant authorities in their country.
5. Buyer Terms
- Buyers must provide accurate delivery addresses to ensure successful delivery.
- Payment must be completed at checkout using one of the available payment methods for your country.
- Buyers must confirm delivery by entering the delivery OTP within 48 hours of receiving their order. If the OTP is not entered within this period, the escrow is automatically released to the seller.
- Buyers may raise disputes within 7 days of delivery if the product does not match the listing description.
- Filing fraudulent chargebacks, making false claims, or abusing the dispute system will result in account suspension.
6. Escrow & Payments
- All payments are held in escrow until the buyer confirms delivery.
- Escrow funds are released to the seller when the buyer enters the delivery OTP code.
- If the buyer does not enter the OTP within 48 hours of delivery, escrow funds are automatically released to the seller.
- In case of a dispute, an admin may force-release or refund escrow after investigating the matter.
- ShopSwift is not responsible for payment failures caused by third-party payment providers (M-Pesa, MTN MoMo, Telebirr, etc.).
7. Prohibited Conduct
The following activities are strictly prohibited on ShopSwift:
- Circumventing the platform to arrange direct payments outside of ShopSwift's escrow system.
- Harassment, threats, hate speech, or abuse directed at other users.
- Listing fake, misleading, or fraudulent products.
- Creating fake reviews, ratings, or testimonials.
- Using bots, scrapers, or automated tools without written permission from ShopSwift.
- Attempting to hack, disrupt, or compromise the security of the platform.
8. Intellectual Property
- The ShopSwift name, logo, design, and source code are the intellectual property of ShopSwift Kenya Ltd.
- Sellers retain ownership of their product photos and listing content.
- By uploading content to ShopSwift, you grant us a non-exclusive, worldwide license to display, distribute, and promote that content on our platform.
- You may not copy, scrape, reproduce, or redistribute content from the ShopSwift platform without our written permission.
9. Limitation of Liability
To the maximum extent permitted by law, ShopSwift is not liable for:
- Disputes between buyers and sellers regarding product quality, delivery, or other transaction matters.
- Delivery failures caused by third-party logistics providers.
- Failed or delayed payments caused by third-party payment providers.
- Loss of data or service interruptions due to force majeure events (natural disasters, government actions, internet outages).
- Actions of fraudulent users despite our KYC verification and fraud prevention measures.
Our maximum liability in any matter is limited to the value of the specific transaction in question.
10. Governing Law & Disputes
Primary jurisdiction: These terms are governed by the laws of the Republic of Kenya, including the Companies Act and Consumer Protection Act.
Country-specific provisions also apply:
- Tanzania users: Electronic Transactions Act 2015
- Rwanda users: Competition and Consumer Protection Law 2026
- Uganda users: Electronic Transactions Act 2011
Dispute resolution process:
- First, through ShopSwift's internal dispute resolution system.
- If unresolved, through mediation with a mutually agreed mediator.
- If mediation fails, through the courts of the relevant country.
11. Changes to Terms
We may update these Terms of Use from time to time. We will notify users of material changes by email and may require re-acceptance. Continued use of ShopSwift after changes are published constitutes acceptance of the updated terms.