Terms & Conditions

1. Definitions

• "User" means any person who accesses or uses the Platform, including Buyers, Sellers and visitors.
• "Seller" means a User who lists goods, services, events or property for sale, hire or promotion.
• "Buyer" means a User who purchases, orders, books or enquires about a listing.
• "Listing" means any advertisement, product, service, event, ticket or other content posted on the Platform.
• "Content" means text, images, video, data and other material submitted to the Platform.
• "Transaction" means any sale, purchase, hire, booking or other dealing between Users.

2. Eligibility

You must be at least 18 years old and capable of forming a legally binding contract under the laws of Kenya to use the Platform. By using the Platform you represent and warrant that you meet these requirements and that all information you provide is true, accurate and current. Businesses must be duly registered and authorised to trade in the goods or services they list.

3. Your Account

• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
• You must verify your mobile number (and, where required, your email) before posting certain Listings.
• You agree to notify us immediately at admin@sella.co.ke of any unauthorised use of your account.
• One person or business may not maintain multiple accounts to evade limits, suspensions or fees.
• We may verify your identity, refuse registration, or suspend accounts at our reasonable discretion.

4. The Platform Is a Venue, Not a Party to Transactions

Sella is an online marketplace that connects Buyers and Sellers. Unless expressly stated in writing, Sella is not the buyer, seller, agent, broker, importer, manufacturer or distributor of any item listed, and is not a party to any Transaction between Users. We do not take possession of, inspect, guarantee, or warrant any goods or services. Any contract for sale is concluded directly between the Buyer and the Seller, who are solely responsible for it. You deal with other Users at your own risk.

5. Listings & Content Standards

• Listings must be accurate, lawful, complete and not misleading, and must be placed in the correct category.
• You must own, or be authorised to sell, every item you list, and have the right to post all Content you upload.
• Prices must be genuine and in Kenya Shillings (KES) unless clearly stated otherwise. Hidden charges are not permitted.
• You may not post duplicate, spam, keyword-stuffed, or misleading Listings, or use another person's photos or branding without permission.
• We may review, edit the placement of, refuse, or remove any Listing or Content that breaches these Terms, at any time and without notice.

6. Prohibited Items & Conduct

You must not list, sell, or use the Platform in connection with, among other things:

• Illegal, stolen, counterfeit or smuggled goods; items that infringe intellectual property or trademark rights.
• Firearms, ammunition, explosives, controlled drugs, prescription medicines, or regulated substances offered unlawfully.
• Endangered species, ivory and protected wildlife products.
• Human body parts, fraudulent documents, government IDs, currency, or financial instruments.
• Adult/sexual services, content that exploits or endangers minors, or any human-trafficking related activity.
• Pyramid schemes, multi-level "get rich quick" offers, unlicensed financial, lending or investment services.
• Any goods or services whose sale is restricted or prohibited under Kenyan law.

You further agree not to: defraud, harass, threaten or abuse other Users; post off-platform payment requests designed to scam; harvest data; introduce malware; circumvent fees; manipulate ratings; or use the Platform for any unlawful purpose. See our safety tips.

6A. Authenticity, Genuine Goods & Counterfeits

Counterfeit, replica, fake, "master copy", pirated or trademark-/copyright-infringing goods are strictly prohibited on Sella. Every Seller warrants that each item they list is genuine, authentic and lawfully sourced, and that they own or are authorised to sell it and to use all brands, logos and images shown.

Because counterfeit trading carries legal and reputational risk, Sella applies a heightened standard to online selling (cart checkout / "Sell online"). Before a Seller may enable cart orders for an item, they must make a binding authenticity declaration confirming the item is genuine. By making that declaration and/or enabling cart checkout, the Seller additionally agrees that:

• Sella may, at any time and without notice, require documentary proof of authenticity or authorisation (e.g. invoices, distributor letters, brand permission), and may verify, decline, suspend or remove the listing or the seller's access to cart checkout.
• Sella may withhold, reverse or refund related payments, and charge back to the Seller the cost of any refund, replacement or return where a Buyer receives a counterfeit, inauthentic or materially misdescribed item.
• Sella may suspend or terminate the account, forfeit promotional fees, and report the matter to brand owners, the Anti-Counterfeit Authority and other competent authorities.
• The Seller is solely and fully liable for the authenticity, origin and legality of the item, and shall indemnify, defend and hold harmless Ngomma Value Added Services Limited (Sella), its officers, employees and partners against any claim, demand, dispute, fine, penalty, seizure, loss or legal cost arising from the authenticity, intellectual-property status or legality of the item.

Sella is a venue and does not manufacture, import, inspect or guarantee any item (see clause 4). Enabling or permitting cart checkout is not an endorsement, certification or guarantee by Sella that any item is genuine. Buyers who suspect a counterfeit should stop the transaction and report it to admin@sella.co.ke.

7. Fees, Paid Services & Payments

• Creating a basic Listing is generally free. Optional paid services include ad promotion/boosts, featured placement, PPP TV advertising, seller verification, and event ticketing services.
• Fees are displayed before you commit and are payable via the methods we support (including M-Pesa). You authorise us and our payment partners to process the amounts shown.
• For sales processed through the Platform, we may deduct a service commission from the Seller's proceeds at the rate disclosed at the time of the Transaction.
• Except where required by law or expressly stated, fees for paid promotional services are non-refundable once the service has started.
• You are responsible for any taxes (including VAT and income tax) arising from your activity. Sellers are responsible for issuing any tax invoices required by the Kenya Revenue Authority.

8. Seller Payouts & Withdrawals

Where Sella collects funds on a Seller's behalf, the net proceeds (after commission and any applicable charges) are credited to the Seller's Platform balance. Withdrawals are paid to the verified M-Pesa or bank details on file, subject to review, fraud and compliance checks, and may take several business days to process. We may withhold or reverse payouts in cases of suspected fraud, chargebacks, disputes, or breach of these Terms.

9. Events & Ticketing

Event organisers are solely responsible for the event, its accuracy, delivery, admission, refunds and compliance with the law and any licensing or public-safety requirements. Tickets are issued by the organiser; Sella provides the listing and payment facilitation only. Buyers should review the organiser's terms before purchasing. Refund and cancellation decisions rest with the organiser unless the law requires otherwise.

10. Pay in Instalments (Reservation Service)

Where a Seller offers a "Pay in Instalments" option, this is a seller-managed reservation arrangement, not a loan, credit facility or financing product. No interest is charged and no credit is extended. The Buyer pays towards the full price in parts; the item or ticket is released only once payment is completed in full. Funds are held until completion. If the arrangement is not completed, the Seller's stated reservation and refund rules apply. This feature does not create a debtor-creditor relationship and is not regulated lending.

11. Verified Sellers & Badges

Verification badges indicate that a Seller has completed certain checks. A badge is not a guarantee of the quality, legality or safety of any item, nor an endorsement by Sella. You should still exercise your own judgement before transacting.

12. Intellectual Property & Licence

The Platform, including its software, design, logos and trademarks, is owned by or licensed to Ngomma Value Added Services Limited and is protected by law. You may not copy, modify, reverse-engineer, scrape or exploit it without our written permission. You retain ownership of Content you post, but you grant Sella a worldwide, non-exclusive, royalty-free licence to host, display, reproduce, adapt and promote that Content for the purposes of operating, marketing and improving the Platform. You confirm you have all rights necessary to grant this licence.

13. Privacy & Data Protection

We handle personal data in accordance with our Privacy Policy and the Data Protection Act, 2019 of Kenya. By using the Platform you consent to the collection and processing of your data as described there. You can manage your details in Settings or delete your account and data at any time.

14. Consumer Rights

Nothing in these Terms excludes or limits any rights you have that cannot be excluded under the Consumer Protection Act, 2012 or other applicable Kenyan law. Where mandatory consumer protections apply, they take precedence over any conflicting provision in these Terms.

15. Third-Party Links & Services

The Platform may contain links to or integrations with third-party sites and services (for example payment providers, maps, calendars and social logins). We are not responsible for their content, availability, or practices, and your use of them is governed by their own terms.

16. Disclaimers

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including as to merchantability, fitness for a particular purpose, accuracy, uninterrupted availability or non-infringement. We do not warrant that Listings, Users, or Content are genuine, lawful, safe or accurate, and we do not guarantee any outcome of any Transaction.

17. Limitation of Liability

To the maximum extent permitted by law, Sella, its directors, employees and partners shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, goodwill, data, or opportunity, arising out of or relating to your use of the Platform or any Transaction, even if advised of the possibility of such damages. To the extent we are found liable, our total aggregate liability shall not exceed the greater of (a) the fees you paid to Sella in the three (3) months preceding the event giving rise to the claim, or (b) KES 5,000. Nothing in these Terms limits liability that cannot be limited by law.

18. Indemnity

You agree to indemnify and hold harmless Sella and its affiliates from and against any claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of your Content, your Listings, your Transactions, your breach of these Terms, or your violation of any law or third-party right.

19. Suspension & Termination

We may suspend, restrict or terminate your access to the Platform, remove your Listings, or withhold proceeds, with or without notice, if we reasonably believe you have breached these Terms or the law, or to protect the Platform and its Users. You may stop using the Platform and close your account at any time. Provisions that by their nature should survive termination (including sections 4, 12, 16, 17 and 18) will survive.

20. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date above shows when. Material changes will be notified through the Platform or by email where appropriate. Your continued use after changes take effect constitutes acceptance of the revised Terms.

21. Governing Law & Disputes

These Terms are governed by the laws of the Republic of Kenya. You agree to first attempt to resolve any dispute with us amicably by contacting admin@sella.co.ke. If it cannot be resolved, the dispute shall be subject to the exclusive jurisdiction of the courts of Kenya, without prejudice to any mandatory consumer rights to bring proceedings elsewhere.

22. General

• If any provision is found unenforceable, the remaining provisions continue in full force.
• Our failure to enforce any right is not a waiver of that right.
• These Terms, together with the Privacy Policy, are the entire agreement between you and Sella regarding the Platform.
• You may not assign your rights under these Terms; we may assign ours to a successor or affiliate.

23. Contact Us

Sella is a product of Ngomma Value Added Services Limited.
Email: admin@sella.co.ke
For account or data requests, see Delete your account & data.