Effective Date: 20/1/2026
Operator: Bomapets, a Kenyan online marketplace facilitating listings and sales of companion animals (currently dogs and cats).

1. Purpose & Scope

These Terms govern your access to and use of Bomapets. We connect verified sellers and buyers of companion animals, helping to make every transaction safe, transparent, and ethical.
By using our Platform, you agree to these Terms, our Privacy Policy (see Section 10), and all other referenced policies.

2. Key Definitions

• Buyer: The person purchasing or rehoming a pet.
• Seller/Vendor: A breeder, rescue center, or individual listing a pet.
• Listing: A published page describing an individual pet for sale or adoption.
• Courier: A verified pet transport partner (see Section 8).
• Escrow: Payment securely held by the Platform until both parties confirm delivery.

3. Eligibility & Accounts

• You must be 18 years or older and legally able to contract in Kenya.
• Sellers must pass verification and comply with our Listing Policy (Section 5).
• Sellers must be lawful owners of the pets listed and provide verifiable proof of ownership on request.
• Keep your login credentials safe — you are responsible for all actions under your account.
• Accounts engaged in fraud, off-platform sales, or animal cruelty may be suspended or terminated (see Section 16).

4. Our Role

Bomapets is a neutral marketplace platform.
We are not the seller of record, do not provide veterinary care, and do not guarantee pet outcomes beyond what is covered in the Health Guarantee (Section 6) and Buyer Protection (Section 7).

5. Marketplace Listing Policy & Ethics

5.1 Allowed Listings

• Species: Dogs and cats only.
• Age: Puppies or kittens must be at least 8 weeks old, fully weaned, and vaccinated.
• Health: Up-to-date vaccinations and a veterinary health certificate issued within 14 days before listing approval (see Section 6).

5.2 Prohibited Listings

• Wild or exotic animals, endangered species, sick or unvaccinated pets, or pets under 8 weeks.
• Misrepresented, stolen, or imported pets without valid permits.
• False claims such as “disease-free for life.”

5.3 Required Disclosures

Each listing must include:

• Breed, sex, age/date of birth
• County/town and pickup options
• Vaccination & deworming records
• Vet health certificate
• Microchip number (if applicable)

5.4 Photos & Media

Minimum of 3 clear photos (≥1600px) with no filters, watermarks, or collages.
Include at least one full-body and one close-up photo. A short video (<20 seconds) is optional.

5.5 Rehoming & Breeder Listings

• Rehoming: Reason required; adoption fees must be reasonable.
• Breeders: Must verify through license or vet references and may receive an “Accredited Breeder” badge.

5.6 Moderation & Listing Duration

Listings remain live for 30 days and can be renewed.
Duplicate or misleading listings may be removed.
Violations result in warnings, suspension, or permanent bans. Severe misconduct may be reported to authorities.

5.7 Legal & Regulatory Compliance

Sellers must follow:

• Prevention of Cruelty to Animals Act (Cap. 360)
• Wildlife Conservation & Management Act
• County by-laws (e.g., Nairobi Dog Control & Welfare Act)
• Import and transport licensing requirements where applicable

6. Health Guarantee

6.1 What Sellers Must Provide

• Vet health certificate (KVB-registered vet) within 14 days before listing
• Proof of vaccinations (Dogs: Rabies + DHLP; Cats: Rabies + FVRCP)
• Deworming records and disclosure of any known health/genetic issues
• Pets under 8 weeks cannot be sold
• Maintain health records for at least 12 months after sale

6.2 Buyer 48-Hour Vet Check

Buyers should have the pet examined by a licensed Kenyan vet within 48 hours of pickup or delivery.
If a serious pre-existing condition is found, submit the vet’s written report via your account.

6.3 Remedies

Depending on findings:

• Full refund (including delivery costs)
• Replacement (if mutually agreed)
• Partial refund if you choose to keep and treat a minor issue

All resolutions are handled within 7 business days.

6.4 Coverage Period

• Initial Health Guarantee: 48 hours post-handover
• Genetic/Hereditary (for accredited breeders): up to 6 months

6.5 Exclusions

Conditions developed after handover, disclosed issues, normal travel stress, routine care, or illnesses contracted outside the guarantee window.

7. Payments & Buyer Protection

7.1 Secure Payment Flow

• Payments via M-Pesa, card, or mobile wallet.
• Funds are held in escrow until both parties confirm the handover.
• If no issue is reported within 72 hours, funds are released to the seller.
• Bomapets retains a 10% service commission per sale.

7.2 Buyer Protection

Covers cases where:

• The pet is misrepresented or unwell at handover (with vet proof).
• The delivery fails or the wrong pet is delivered.

7.3 Disputes & Timelines

Report any issue within 48 hours of pickup or delivery.
Provide photos and vet documentation where relevant.
We aim to resolve all disputes within 7 business days.

8. Shipping & Transport

8.1 Delivery Options

1. Local Pickup: Meet at seller’s premises or neutral location (e.g., vet clinic).
2. Vet-Supervised Handover: Optional clinic verification.
3. Partner Courier Delivery: Licensed animal transport partners.

8.2 Transport Conditions

• No pets under 8 weeks transported.
• Vet certificate (≤14 days old) and travel form required.
• Carriers must be clean, ventilated, and comfortable.
• Delivery confirmation requires photo/video proof.

8.3 Liability

• Seller: Confirms pet is fit to travel.
• Courier: Ensures safe, humane transport.
• Buyer: Assumes responsibility after acknowledging receipt.

9. Returns & Refunds

9.1 When Eligible

Returns or refunds are accepted within 48 hours only if:

• The pet arrives ill or injured (vet confirmation required).
• The pet’s breed, age, or gender was misrepresented.
• Delivery failed or an incorrect pet was sent.

Change of mind is not a valid reason for return.

9.2 Refund Process

1. Submit request within 48 hours with photos and vet report.
2. Seller and buyer are contacted within 24 hours.
3. Outcome issued within 7 days.
4. Approved refunds processed within 3–7 business days.

10. Privacy Policy (Summary)

We comply with the Kenya Data Protection Act (2019).
We collect only necessary data — contact details, listing info, and transactions.
Payments are processed securely via third-party gateways (M-Pesa, Stripe, Flutterwave).
You may request data access, correction, or deletion anytime.
Read our full Privacy Policy for details on usage and your rights.

11. Prohibited Conduct & Welfare Compliance

• Making or accepting off-platform payments
• Misrepresentation or impersonation
• Cruel, unsafe, or inhumane animal handling
• Uploading illegal or infringing material

Breaches may result in immediate account suspension and notification to relevant authorities.

12. Dispute Resolution & Governing Law

We aim to resolve all issues through our internal mediation system.
Unresolved disputes are referred to binding arbitration in Kenya.
These Terms are governed by the laws of the Republic of Kenya.

13. Intellectual Property

All content, branding, and software on the Platform are owned by Bomapets or our licensors.
Do not copy, reproduce, or modify our materials without written consent.

14. Reviews & Ratings

User reviews must be honest, relevant, and respectful.
We reserve the right to remove reviews that include hate speech, personal data, or misleading claims.

15. Changes to These Terms

We may update these Terms to reflect operational or legal changes.
Updates will appear with a new effective date. Continued use of the Platform means you accept the new Terms.

16. Account Suspension & Termination

We may suspend or terminate your account immediately if you:

• Breach these Terms or any applicable law;
• Engage in fraud, misrepresentation, or cruelty toward animals;
• Conduct or solicit off-platform transactions intended to avoid platform fees, escrow, or buyer protection (see Section 23).

Such actions may also trigger legal proceedings to recover damages, including unrealized commissions and administrative or legal costs.

17. Disclaimer of Warranties

Except for guarantees stated in Section 6, all services are provided “as is” and “as available.”
We do not warrant uninterrupted access or guarantee accuracy of seller listings.

18. Limitation of Liability

To the extent permitted by law, Bomapets, its directors, and staff are not liable for:

• Indirect or consequential damages;
• Loss of data, goodwill, or profits;
• Pet health or behavioral issues after handover.

Our total liability shall not exceed:
(a) The service fees you paid in the past 6 months, or
(b) KES 50,000 — whichever is higher.

19. Platform Availability & Maintenance

We strive for 24/7 uptime but may perform scheduled maintenance or upgrades.
We are not liable for temporary service interruptions or data loss caused by technical issues beyond our control.

20. Assumption of Risk & No Veterinary Advice

Owning a pet involves responsibility and natural risks.
Information on the Platform does not replace professional veterinary advice.
Always consult a licensed vet for care decisions.

21. Indemnity

You agree to indemnify and hold harmless Bomapets, its team, and partners from any claims arising from:

• Your breach of these Terms
• Off-platform dealings
• Law violations or third-party rights infringement

22. Fees, Taxes & Chargebacks

• A 10% platform commission applies per sale.
• Sellers are responsible for KRA compliance and issuing valid receipts.
• In case of chargebacks, payouts may be paused until resolved.

23. Off-Platform Transactions

To protect all users and maintain transparency, all payments and communications relating to listings must occur exclusively through Bomapets’ Platform and escrow system (see Section 7).

Engaging in or encouraging off-platform transactions—for example, sharing contact details to arrange private payments, deliveries, or negotiations outside the Platform—is strictly prohibited.

Consequences of Off-Platform Transactions:

• Immediate account suspension or permanent termination;
• Loss of Buyer and Seller Protection, including Health Guarantee and dispute support;
• Possible legal action to recover any unrealized platform fees, lost commissions, or transaction value, plus all collection, administrative, and legal costs incurred.

If found guilty or liable through arbitration or court process, the defendant shall bear all associated legal and enforcement expenses in addition to the recovered sums.

24. Third-Party Services & Links

The Platform may link to third-party couriers, payment processors, or vets.
We are not responsible for their terms, privacy, or performance.

25. Force Majeure

We are not liable for delays or failures caused by events beyond our control — including natural disasters, strikes, power outages, or regulatory actions.

26. Notices

Official notices will be sent via email to your registered address.
You can contact us at info@bomapets.com or through your account dashboard.

27. Assignment

You may not assign your rights or obligations under these Terms without our written consent.

28. Severability

If any provision is found invalid, the remainder remains in full effect.

29. No Waiver

Failure to enforce a clause does not constitute a waiver of our rights.

30. Entire Agreement

These Terms, along with the referenced policies — Health Guarantee (Section 6), Payments & Buyer Protection (Section 7), Shipping & Transport (Section 8), Returns (Section 9), and Privacy (Section 10) — form the entire agreement between you and Bomapets.

31. Interpretation

Headings are for convenience only and do not affect meaning.
“Include” means “including without limitation.”

32. Survival

Sections that naturally survive termination remain in effect — including Fees & Taxes, Indemnity, Limitation of Liability, and Dispute Resolution.

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