Terms and Conditions

Last Updated: December 08, 2025

Effective Date: December 08, 2025

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1. Introduction and Acceptance of Terms

Welcome to Kitabu Swap ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Kitabu Swap platform, website, mobile application, and related services (collectively, the "Platform"). By accessing or using our Platform, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our Platform. We reserve the right to modify these Terms at any time, and your continued use of the Platform following any changes constitutes acceptance of the modified Terms.

2. About Kitabu Swap

Kitabu Swap is a book exchange platform that enables users to:

• List educational books they wish to exchange or sell
• Browse and search for books they need
• Exchange books with other users using a points-based system
• Coordinate pickups and deliveries through our logistics partners
• Build a community of book enthusiasts focused on sustainable education

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 13 years old to use the Platform. Users between 13 and 18 years old must have parental or guardian consent to use the Platform.

3.2 Account Creation

To access certain features, you must create an account by providing:

• Full name
• Valid email address
• Phone number
• Physical address for book delivery
• Secure password

3.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring your account information is accurate and up-to-date

4. Points System

4.1 How Points Work

Kitabu Swap uses a points-based system where:

• Users earn points by listing books for exchange
• Points are awarded based on book condition, level, and demand
• Points can be used to request books from other users
• Points are non-transferable and hold no cash value

4.2 Point Values

Book point values are determined by:

• Educational level (Primary, Secondary, Higher Learning)
• Book condition (New, Like New, Good, Acceptable)
• Edition and current curriculum relevance
• Market demand and availability

4.3 Point Expiration

Points do not expire as long as your account remains active. However, we reserve the right to deduct points for:

• Violations of these Terms
• Fraudulent activity
• Chargebacks or payment disputes
• Prolonged account inactivity (12+ months)

5. Book Listings and Exchanges

5.1 Listing Requirements

When listing a book, you must:

• Provide accurate book information (title, author, edition, ISBN)
• Upload clear photos showing book condition
• Honestly represent the book's condition
• List only books you own and have legal right to exchange
• Ensure books are not counterfeit or pirated

5.2 Prohibited Books

You may not list:

• Pirated, counterfeit, or unauthorized copies
• Books with missing pages or significant damage not disclosed
• Books containing illegal, offensive, or harmful content
• Library books or books marked as not for resale
• Digital copies or codes without proper authorization

5.3 Order Processing

When you order a book:

• Points are immediately deducted from your account
• The seller is notified of your order
• Pickup/delivery is arranged through our logistics system
• You must confirm receipt to complete the transaction

6. Delivery and Logistics

6.1 Delivery Service

We partner with third-party logistics providers to facilitate book delivery. Delivery times and costs may vary based on:

• Location and distance
• Book size and weight
• Service availability in your area
• Current demand and order volume

6.2 Delivery Confirmation

Both parties must:

• Be available for scheduled pickups/deliveries
• Inspect books upon delivery
• Confirm receipt through the Platform
• Report any issues within 24 hours of delivery

6.3 Lost or Damaged Items

If a book is lost or damaged during delivery:

• Report the issue immediately through the Platform
• Provide photographic evidence if applicable
• We will investigate and resolve based on our findings
• Points may be refunded at our discretion

7. User Conduct and Prohibited Activities

You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Engage in fraudulent or deceptive practices
• Harass, abuse, or harm other users
• Use automated systems (bots) to access the Platform
• Attempt to gain unauthorized access to our systems
• Interfere with the Platform's operation
• Create multiple accounts to manipulate the system
• Resell or commercialize Platform access
• Collect user data without permission

8. Payments and Refunds

8.1 Payment Methods

We accept payments through:

• M-Pesa (Kenya)
• Credit/Debit Cards
• Other mobile money services

8.2 Refund Policy

Refunds may be issued for:

• Books significantly different from description
• Books not delivered after confirmed payment
• Duplicate charges or billing errors
• Cancelled orders before shipment

Refunds are processed to the original payment method within 5-10 business days. Points are typically refunded immediately upon approval.

8.3 No Refunds For

• Change of mind after delivery
• Minor condition variations within acceptable range
• Buyer's failure to inspect upon delivery
• Issues reported after 7 days of delivery

9. Intellectual Property Rights

All content on the Platform, including but not limited to text, graphics, logos, images, software, and data compilations, is the property of Kitabu Swap or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, or distribute Platform content without permission
• Use our trademarks or branding without authorization
• Reverse engineer or decompile our software
• Remove copyright or proprietary notices

10. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Platform, you consent to:

• Collection of personal and usage data
• Processing of data for Platform operation
• Communication via email, SMS, and WhatsApp
• Data sharing with logistics partners for delivery

11. Disclaimers and Limitations of Liability

11.1 Platform "As Is"

The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Uninterrupted or error-free operation
• Accuracy or reliability of content
• Quality or condition of books listed

11.2 Limitation of Liability

To the maximum extent permitted by law, Kitabu Swap shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid by you in the past 12 months
• Actions or omissions of third-party logistics providers
• User conduct or book quality issues

11.3 User Disputes

We are not responsible for disputes between users. However, we may assist in mediating disputes at our discretion.

12. Indemnification

You agree to indemnify, defend, and hold harmless Kitabu Swap, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your use of the Platform
• Your violation of any rights of another party
• Your listed content or books

13. Termination

13.1 By You

You may terminate your account at any time by contacting support. Upon termination:

• Your access to the Platform will be revoked
• Unused points will be forfeited
• Pending orders must be completed or cancelled

13.2 By Us

We may suspend or terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Create harm to the Platform or other users
• Fail to respond to our communications

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

14.2 Dispute Resolution

Any disputes arising from these Terms or use of the Platform shall be resolved through:

1. Negotiation: Good faith negotiations between parties
2. Mediation: Binding mediation if negotiation fails
3. Arbitration: Arbitration under Kenyan law
4. Courts: Kenyan courts as a last resort

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email notification
• Platform announcement
• SMS or WhatsApp message

Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

16. Contact Information

For questions, concerns, or support regarding these Terms, please contact us:

• Email: info@kitabuswap.com
• Phone: +254 100 384 876
• Website: www.kitabuswap.com

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and Kitabu Swap regarding use of the Platform.

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