Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the MallMatt platform (“Platform”), operated by MallMatt Technologies (“we”, “us”, “our”). By creating an account, listing products, or making a purchase on any store powered by MallMatt, you agree to be bound by these Terms.

These Terms apply to all users of the Platform, including store owners, store staff, and customers. If you do not agree with any part of these Terms, you must not use the Platform.

2. Platform Description

MallMatt is a software-as-a-service (SaaS) e-commerce platform that enables merchants to create and operate online stores. Each store is an independently operated business run by its respective merchant (“Store Owner”).

MallMatt Technologies is not the seller of record for any products or services listed on stores operating on the Platform. All sales are transactions between the Store Owner and the customer. MallMatt provides the technology infrastructure that facilitates these transactions.

3. Account Registration

To access certain features of the Platform, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information to keep it accurate
• Keep your password confidential and not share it with third parties
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activities that occur under your account

You must be at least 18 years of age to create an account. Users aged 16 or 17 may use the Platform with verifiable parental or guardian consent. We reserve the right to terminate accounts that we suspect are operated by minors without proper consent.

4. Store Owner Obligations

As a Store Owner on MallMatt, you agree to:

• Comply with all applicable Kenyan laws and regulations, including the Consumer Protection Act 2012
• Not list, sell, or promote counterfeit, prohibited, or illegal goods or services
• Maintain accurate product descriptions, pricing, and stock information
• Define and honour your own return and refund policies, which you are solely responsible for communicating to your customers
• Keep your M-Pesa integration credentials secure and not share them with unauthorised parties
• Pay applicable subscription fees on time where your plan requires payment
• Fulfil all customer orders placed before any cancellation or closure of your store

5. Customer Obligations

As a customer on a MallMatt-powered store, you agree to:

• Provide accurate and complete delivery information when placing orders
• Complete payment within the checkout session; incomplete sessions may result in order cancellation
• Not abuse dispute or chargeback mechanisms to obtain goods or services without legitimate payment
• Contact the Store Owner directly for issues relating to product quality, delivery, or returns before raising formal complaints

6. Payments & M-Pesa

Payments on MallMatt-powered stores are processed via the Safaricom M-Pesa Daraja API. By initiating a payment, you acknowledge that:

• MallMatt Technologies is not a licensed payment processor; we facilitate the M-Pesa STK push request on behalf of the Store Owner
• Funds are remitted directly to the Store Owner’s registered M-Pesa Paybill or Till number
• Safaricom’s standard transaction fees apply and are subject to Safaricom’s tariff schedule
• Failed or incomplete M-Pesa transactions must be re-initiated; we cannot guarantee automated reversal of failed payments
• Payment confirmation is subject to Safaricom network availability

7. Intellectual Property

The MallMatt platform, including its software, design, trademarks, and brand assets, is owned by MallMatt Technologies and protected under applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our platform without prior written consent.

Store Owners retain ownership of all content they upload to the Platform, including product images, descriptions, and branding. By uploading content, you grant MallMatt Technologies a limited, non-exclusive licence to display that content solely for the purpose of operating the Platform.

8. Limitation of Liability

To the maximum extent permitted by Kenyan law, MallMatt Technologies shall not be liable for:

• The conduct, products, or services of any Store Owner operating on the Platform
• Product quality, accuracy of descriptions, or fitness for purpose of any listed items
• Delivery delays, failures, or losses caused by Store Owners or third-party couriers
• M-Pesa payment failures, delays, or outages caused by Safaricom
• Any indirect, incidental, or consequential damages arising from your use of the Platform

Platform availability is provided on a best-effort basis. We do not guarantee uninterrupted access and shall not be liable for any losses arising from downtime.

9. Termination

MallMatt Technologies reserves the right to suspend or terminate any account, with or without notice, if we determine that the account has violated these Terms, applicable law, or poses a risk to the Platform or other users.

Store Owners may cancel their account at any time by contacting us. Upon cancellation, all active orders must be fulfilled and outstanding obligations to customers settled before the account is closed.

Customers may delete their account from their account settings page. Deletion removes personal data subject to our retention obligations described in our Privacy Policy.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

11. Changes to Terms

We may update these Terms from time to time. Where changes are material, we will provide at least 14 days’ notice by email to registered account holders before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

12. Contact

For questions about these Terms, please contact us at:

MallMatt Technologies
Email: legal@mallmatt.com