Governing the use of Manabu Quest e-commerce platform

Effective Date: 2 April 2025

Last Updated: 2 April 2025

Prepared by: Legal Compliance Team, Manabu Quest International Limited

1. Introduction and Acceptance of Terms

Welcome to Manabu Quest International Limited (“Manabu Quest”, “we”, “us”, or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “Customer”, or “you”) and Manabu Quest International Limited, a company duly registered under the Companies Act, 2015 of Kenya, governing your access to and use of our website at www.manabuquest.com and all associated services, platforms, and applications (collectively, the “Platform”).

BY ACCESSING OR USING THE PLATFORM, PLACING AN ORDER, OR CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. If you do not agree to these Terms, you must immediately cease using the Platform.

These Terms are governed by the laws of Kenya, including but not limited to the Consumer Protection Act, 2012, the Kenya Information and Communications Act (Cap. 411A), the Business Laws (Amendment) Act, 2020, and the Computer Misuse and Cybercrimes Act, 2018.

2. Company Information

3. Eligibility

To use the Platform and enter into a binding contract with Manabu Quest, you must:

• Be at least eighteen (18) years of age;

• Have the legal capacity to enter into contracts under Kenyan law;
• Not be barred from receiving services under applicable laws of Kenya or any other jurisdiction;
• If purchasing on behalf of a business or institution, have the authority to bind that entity to these Terms.

By using the Platform, you represent and warrant that you meet all eligibility requirements. Manabu Quest reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion if eligibility requirements are not met.

4. Account Registration and Security

4.1 Account Creation

Users may purchase products as a registered account holder or as a guest. Registered account holders must provide accurate, current, and complete information during registration and keep such information updated. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

You agree to: (a) immediately notify Manabu Quest of any unauthorised use of your account; (b) ensure you log out at the end of each session; and (c) not share your password with any third party. Manabu Quest shall not be liable for any loss or damage arising from your failure to maintain account security.

4.3 Account Termination

Manabu Quest reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion, with or without prior notice.

5. Products and Services

5.1 Product Categories

Manabu Quest offers the following categories of physical products:

• Educational materials including books, stationery, and learning resources;
• Electronics and technology accessories;
• Physical toys sourced from international suppliers in China, the United Kingdom, and India;
• Other physical goods as listed on the Platform from time to time.

5.2 Product Descriptions

We endeavour to ensure that all product descriptions, images, and specifications on the Platform are accurate. However, we do not warrant that descriptions are error-free, complete, or current. Product images are for illustrative purposes only and may vary from the actual product.

5.3 Availability

All products are subject to availability. Manabu Quest reserves the right to discontinue any product at any time without notice. In the event a product is unavailable after an order is placed, we will notify you and arrange a full refund or offer an alternative product.

6. Pricing and Payment

6.1 Pricing

All prices on the Platform are displayed in Kenyan Shillings (KES) unless otherwise stated, and are inclusive of applicable Value Added Tax (VAT) as required under the VAT Act, 2013. Prices are subject to change without notice; however, the price at the time of order confirmation shall be the price charged.

6.2 Accepted Payment Methods

Manabu Quest accepts the following payment methods:

• M-Pesa and other mobile money platforms licensed in Kenya;
• Bank transfers and Electronic Funds Transfers (EFT) to our designated bank account;
• Credit and debit cards (Visa and Mastercard) processed through our secure payment gateway.

6.3 Payment Security

All payment transactions are encrypted and processed through PCI-DSS compliant payment processors. Manabu Quest does not store full card details on its servers. By providing payment information, you authorise us to charge the applicable amounts for your order.

6.4 Failed Payments

If a payment fails or is declined, your order will not be processed. Manabu Quest shall not be liable for any loss arising from payment failures caused by your financial institution or payment service provider.

7. Orders and Fulfilment

7.1 Order Placement

An order placed on the Platform constitutes an offer to purchase. Orders are accepted and a contract is formed upon Manabu Quest sending an order confirmation email or SMS to you. We reserve the right to refuse or cancel any order for reasons including product unavailability, pricing errors, or suspected fraudulent activity.

7.2 Delivery Methods

Manabu Quest fulfils orders through the following methods:

• In-house delivery using our own fleet and riders within designated service areas;
• Third-party courier partners (including but not limited to Wells Fargo, G4S, and DHL) for deliveries beyond our direct service area;
• Customer pick-up / click-and-collect from our designated pick-up points.

7.3 Delivery Timelines

Estimated delivery timelines are provided at checkout and in order confirmations. These are estimates only and not guaranteed delivery dates. Manabu Quest shall not be liable for delays caused by third-party couriers, adverse weather, civil unrest, or any circumstances beyond our reasonable control.

7.4 Risk of Loss

Risk of loss and title to products pass to you upon delivery to the address specified in your order or upon collection at our pick-up point. For third-party courier deliveries, risk passes upon handover to the courier.

8. Intellectual Property

All content on the Platform including but not limited to text, graphics, logos, images, product descriptions, software, and trade marks are the property of Manabu Quest International Limited or its licensors and are protected under applicable Kenyan and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any Platform content without our prior written consent.

9. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws;
• Engage in fraudulent transactions or provide false information;
• Attempt to gain unauthorised access to our systems in violation of the Computer Misuse and Cybercrimes Act, 2018;
• Interfere with or disrupt the integrity or performance of the Platform;
• Use automated bots, scrapers, or data mining tools on the Platform without written consent;
• Infringe upon the intellectual property rights of Manabu Quest or any third party;
• Resell products purchased from the Platform for commercial purposes without our prior written authorisation.

10. Limitation of Liability

To the maximum extent permitted by Kenyan law, Manabu Quest shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, data, or business opportunity; (c) losses arising from your use or inability to use the Platform. Our total liability to you for any claim shall not exceed the amount paid by you for the specific product giving rise to the claim.

Nothing in this clause limits Manabu Quest’s liability for fraud, death or personal injury caused by negligence, or any liability that cannot be excluded under the Consumer Protection Act, 2012.

11. Dispute Resolution

11.1 Internal Complaints

In the event of any dispute, you must first contact Manabu Quest’s customer support team at info@manabuquest.com or admin@manabuquest.com. We commit to acknowledging all complaints within forty-eight (48) hours and resolving them within fourteen (14) business days.

11.2 Mediation

If the dispute is not resolved through internal complaints, the parties agree to submit the dispute to mediation administered by the Nairobi Centre for International Arbitration (NCIA) before commencing any court proceedings.

11.3 Litigation

If mediation is unsuccessful, the dispute shall be subject to the exclusive jurisdiction of the courts of Kenya, with Nairobi as the seat of proceedings.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any dispute arising out of or in connection with these Terms shall be subject to the jurisdiction of the Kenyan courts.

13. Amendments

Manabu Quest reserves the right to amend these Terms at any time. Amendments will be posted on the Platform with the updated effective date. Continued use of the Platform following notification of amendments constitutes your acceptance of the revised Terms.

14. Contact Information

For any queries regarding these Terms of Service, please contact: