Application and Acceptance of the Terms

Welcome to Muthurwa.com! We’re happy to have you here and we hope you will enjoy our service.

These Terms and Conditions must be read together with Our Privacy Policy and all applicable agreements, Rights and Licenses listed below

• For Music Licensing (for customers) kindly visit Music License 
• For Commercial Rights and Regular Rights definitions kindly visit Rights and Licenses
• For Music Licensing (For Sellers, Publishers or Artists) kindly read: Music Publishing Rights Agreement

Muthurwa marketplace

Muthurwa.com is the largest digital market place in Kenya. We help thousands of Kenyans to sell their digital products online. When you create an account and accept these terms you become a member of our community. Your account will allow you to buy and sell items/products like the ones found on muthurwa.com and make other related transactions.

Muthurwa Marketplace  platform allows members to buy and sell licenses to use digital items like ebooks, revision papers, official documents, softwares, KASNEB Notes, wordpress themes, music, photos, graphics and much, much more. On Muthurwa Marketplace, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have a Muthurwa Marketplace account, any transactions are logged on MY Account page, which records the payments made by you to authors via Muthurwa Marketpace (as a buyer) and by buyers via Muthurwa Marketplace to you (as an author/seller). If you buy items as a Guest, then you will be emailed details of those payments.

The items on Muthurwa  Marketplace are owned by the authors/sellers, not by us. The items on Muthurwa.com are uploaded at the direction of the author. We provide a platform; we do not take ownership of the items.

During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of Muthurwa.com is conditional on your acceptance to be bound by these terms, the Privacy Policy and the Acceptable Use Policy whether you become a member or not.

How browsing and membership works

Browsing: You need to be 13 years or over to browse the Muthurwa.com sites. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of Muthurwa.com whether or not you’re a member.

Membership (Account creation)

Age: You need to be 18 years or over to become a member or to buy items as a Guest. If you’re under 18 you will need to get a parent or guardian to buy items as a Guest or use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

Muthurwa.com Account: Membership is free. When you become a member you get an Muthurwa Marketplace account that is accessible from our site (and is also your  muthurwa account for all services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Muthurwa.com that help people get creative. Membership also gives you the opportunity to become an author

Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for a muthurwa.com account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable. You are responsible for any use of muthurwa.com including any activity that occurs in conjunction with your username and password, if you have a muthurwa.com account, so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

It is important that you understand your responsibilities as a member of our community so please take the time to review this section and the Muthurwa.com Terms carefully.

 How buying items works

This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Muthurwa.com.

What you’re buying:

1. License: When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Muthurwa.com. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a Muthurwa Market member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

Transacting as a buyer:

Payment are made through mpesa, credit/visa card or PayPal.

Terms of buying: When you buy a Muthurwa.com item you’re doing so on the following terms:

1. you promise to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
2. you cannot cancel a completed purchase of an item;
3. we and the authors do not promise that any particular item will continue to be available on Muthurwa.com so you should download and save the item as soon as you buy it;
4. once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
5. the author retains ownership of the item;
6. your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services;
7. transaction limits may apply to Muthurwa.com rewarded points (such as total or daily limits);
8. we have the right to enforce against you the terms of the license that you have acquired from an author.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.

Refunds

100% Refunds Situation

There is a situation when we offer full refunds to our customers. Such situation includes;

• If you buy a product and you don’t receive it and our support team has not been able to help address your issue. In such case kindly call email us through: support@muthurwa.com

NO Refunds Situation

There is generally no obligation to provide a refund or credit in situations like the following:

1. you have changed your mind about an item;
2. you bought an item by mistake;
3. you do not have sufficient expertise to use the item; or
4. you ask for goodwill;
5. you have paid for membership subscription fees;

Seller Commission and Fees

Seller commission and fees have been listed on this page: Seller commission and fees.
Payments are issued either through PayPal or Mpesa within 7 working days after withdrawal of your earnings. As a vendor or Seller, you are required to visit your account earnings menu and withdraw your earnings (for Kenyan Residents, the Payment method is through Mpesa. For non-Kenyan residents, arrange payment method with our support team through support@muthurwa.com)

*Vendor is used to mean Seller or Author.

Selling of other people’s products

It is prohibited to sell products on Muthurwa.com on behalf of someone else. Each seller has to open their own account and shop.

Do not sell anything on Muthurwa.com if you are not the original creator or owner.  If you do so, your account will be permanently suspended without any option to appeal.

The only exception here is publishers registered in KENYA selling books they have published.

Intellectual Property

What we own: We own all the Muthurwa.com content that we have put on Muthurwa.com (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the site, and copyright, trademarks, designs and other intellectual property on Muthurwa Market. We own all the trademarks, logos, service marks and trade names on Muthurwa.com (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these terms.

What we don’t own: We do not own the items on Muthurwa Marketplace; our authors do. Items are uploaded at the direction of the author. So we cannot take responsibility for the quality, safety or legality of the items. We do not promise that the items or any member content, code, data or materials available on or via the Muthurwa Marketplace do not infringe the intellectual property rights of a third party. (Each author provides promises to you directly when you purchase their item )

Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others and we require that authors do the same. If you believe that an item or member content infringes an intellectual property right (including copyright) please contacts our editor on support@muthurwa.com for action to be taken.

Model and property releases: Items are available for regular use (unless stated otherwise by the Author on an item page). Authors are responsible for obtaining and keeping a model or property release if one is needed; please ask the author directly if you need a copy of a release.

Our use of your information

Privacy: We respect your privacy. When you become a member or buy items on Muthurwa.com as a Guest you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing Muthurwa.com site and its services, including marketing activities.

Our Privacy Policy explains how we deal with your information and it forms part of these terms.

Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the Muthurwa Marketplace will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the Muthurwa.com, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through tMuthurwa.com to any other person.

Prohibited Conduct: We strongly recommend that you don’t make your contact details public on Muthurwa Marketplace or in any public communications via muthurwa.com. Contact details include your email address, street address, Skype name and phone number (but not social network handles). If you do, it must not be for any reason prohibited under our terms and privacy policy and you do so at your risk!

Legal Housekeeping

Eligibility, suspension, or termination: Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We hope that you will be with us for a long time. But we may using reasonable discretion, decide whether or not your use of muthurwa.com complies with these terms. We can suspend or terminate your muthurwa.com account at any time for any reason (acting reasonably of course) for any of the following reasons:

1. if you breach these terms;
2. if you act in a way that does not align with the values of our community; or
3. If you act in a way that could cause us or members harm.
4. If your shop remains inactive for more than 3 months.

If we do decide to permanently terminate your muthurwa.com account you must not apply for a new account as unfortunately, you will no longer be welcome in our community.

If your shop or account is terminated or deleted, your products will still remain on our website until you write to us via support@muthurwa.com requesting deletion. In order for us to honor your product deletion request, you must share (via email) links to all the products that you want us to delete.

Tax Compliance

Muthurwa.com is an online digital marketplace where independent creators sell their products to customers. We do comply with tax obligations, but sellers are responsible for compliance with any tax obligations applicable to them.

NOTE: Muthurwa.com website is owned by Kyote Internet Group, a limited company registered in Kenya.

Terms last updated (January 11, 2021).

Always check this page for any updates of the terms before making any transaction.