Terms of Service

What Gloodoh is

Gloodoh is a marketplace. Shops, stalls, wholesalers and other businesses list what they sell. People browse, order, reserve, pay and collect. Alongside that, Gloodoh gives a business the tools to run itself — stock, orders, staff, receipts and reports.

We are the venue. We are not the shop. When you buy something on Gloodoh, the sale is between you and the supplier who listed it. They own the goods, they set the price, they hand them over. We built and run the place where that happens, we carry the payment instruction, and we keep the record.

Gloodoh is operated by iTsitso Space LTD, a company incorporated in the Republic of Kenya. In this document, Gloodoh, we and us mean that company. You means whoever is reading this and using Gloodoh.

Gloodoh is made up of:

• Gloodoh Consumer — the shopping app (space.itsitso.gloodohconsumer).
• Gloodoh Supplier — the business app (space.itsitso.gloodoh).
• Gloodoh Uploader — a tool for loading a catalogue in bulk (space.itsitso.gloodohuploader).
• The supplier console at supplier.gloodoh.com, and manage.gloodoh.com, which is for our own staff only.
• This website, gloodoh.com, and gloodoh.app — the short link we put in text messages, which takes you to Gloodoh.

Some parts of Gloodoh carry advertising. The consumer app shows ad units supplied by Google's AdMob — a banner along the bottom, a panel on some campaign pages, and a card slotted into the campaign feed roughly every ten items — and it also shows promotions we have been paid to place. Anything that is an advertisement or a paid placement is marked as one, and it is never mixed into a supplier's listing, a price, a stock figure or an order. AdMob is Google's, so using the app means Google receives the request that serves each ad; what that involves is in the Privacy Policy. During testing the ad slots carry Google's own sample ads and earn us nothing.

These terms cover all of them. Gloodoh works in Kenya, Uganda, Tanzania, Rwanda and Burundi.

Public launch is 30 October 2026. Until then the apps are in invitation-only testing. Features may change or break, and data created during testing may need to be reset — we will tell you before we do that. Everything else in this agreement applies during testing exactly as it does afterwards.

Who this agreement is between

Two different agreements are in play, and it helps to keep them apart.

• This one is between you and iTsitso Space LTD. It is about using Gloodoh.
• The sale is between you and the supplier. It is about the goods or services themselves — price, quality, delivery, returns.

You accept this agreement when you create a Gloodoh account, and again whenever we ask you to accept a changed version. Simply browsing this website or opening an app is not acceptance, and we do not treat it as one: under the Consumer Protection Act (Cap. 501) s.31(2) you are entitled to an express chance to accept or decline before you enter an agreement like this. An agreement accepted this way is valid in Kenya — the Kenya Information and Communications Act (Cap. 411A) s.83J says a contract is not invalid merely because it was made electronically, and no Kenyan law requires a signature for a sale of goods or for terms of service. A tap is enough. You do not need to sign anything.

You can be a buyer and a seller at the same time. Many people are: you might run a shop on Gloodoh Supplier in the morning and restock from a wholesaler on the same platform in the afternoon. The rules follow the role you are in at the time, not the person you are. Where a passage applies only to one side, it is marked.

Some things sit in their own documents because they are easier to read that way, and they form part of this agreement: the Privacy Policy, the Acceptable Use Policy, the Cancellations & Refunds policy, the cookies notice and the data deletion page.

Your account

You need an account to buy, to sell, or to do much of anything on Gloodoh.

Who may open one

• You must be at least 18 and able to enter a contract. Gloodoh is not for children.
• One person, one account. An account belongs to a human being, not to a counter or a shift. If several people work in a shop, each of them gets their own account and is added to the business as a member.
• Give us details that are true — your name, a working phone number, a working email — and keep them up to date. We rely on them to reach you about an order, and a supplier relies on them to know who is collecting.

Keeping it safe

• Keep your sign-in details to yourself. Do not lend your account to anyone.
• We will never ask you for your M-PESA or SasaPay PIN, and neither will a supplier. Nobody from Gloodoh will ever phone you for it. If someone does, they are not us.
• The app shows you the devices signed in to your account, and lets you sign any of them out. A signed-in device is dropped after 30 days in any case.
• If you think someone else is using your account, change your password and tell us at support@gloodoh.com straight away.

You are responsible for what happens on your account. That is fair when the account is in your hands — it is not a way of blaming you for our own security failure, or for what happens after you have told us the account was taken over and we have had a reasonable chance to act.

Your Gloodoh card ID and QR code identify you to a supplier at a counter. Treat them like a loyalty card: showing one is not payment and does not authorise anyone to charge you.

You can ask us to close your account and delete the data attached to it at any time. The deletion page is the route, and it works even if you have already uninstalled the app — it says what is deleted, what we have to keep (payment and order records, for the periods the law requires) and why, and how long it takes. If you have orders or instalment plans running, settle them first.

Businesses, staff and what each role can do

A business on Gloodoh is a separate thing from the person who created it. One person can belong to several businesses, and a business can have many people in it.

When you create a business you are telling us that you are entitled to act for it. Give its real trading or registered name, a working phone number and an address a buyer could actually find. Anonymous shopfronts are not allowed, and they are bad for you too — see If you sell on Gloodoh.

Members and roles

Every member of a business is a real person with their own Gloodoh account, added by the owner or by someone with permission to manage members. Each member has a role, and the role decides what they can do.

Only the owner can hand the business to someone else. Setting or changing where money is paid out is open to the owner and to an admin — so make someone an admin only if you would trust them with your payout number, and narrow their permissions below the role if you would not. Ownership transfer stays with one identified person because it moves the whole business.

An owner or admin can narrow a member's permissions below what the role normally gives, suspend a member, or remove them. A suspended or removed member can do nothing on that business from that moment.

How an order works, and when the deal is done

Here is the whole thing, step by step.

1. You build a basket. Prices, stock and any conditions come from the supplier's listing.
2. You reach checkout and we show you the full total — the goods, our service fee and the mobile-money charge, added up, in one currency, before you commit to anything.
3. You review and correct. You can change quantities, remove items, fix a mistake, choose delivery or collection, or back out entirely. Nothing is placed until you say so.
4. You place the order. That is your offer to buy.
5. You pay, in full or as a part payment, and approve the charge on your own phone. See How payment works.
6. The supplier accepts and starts filling the order. A supplier who cannot fill it cancels instead, and your money comes back.
7. You collect or it is delivered, and you confirm you got it.

The contract with the supplier is made when the supplier accepts your order — in the app, that is when the supplier marks it Confirmed, or tells you in the order chat that they are filling it, whichever happens first. An order moving to Processing records only that money has started to arrive; paying is not by itself acceptance. If the supplier cancels because the item turns out not to be there, there is no sale and you get your money back under the refunds policy.

What the statuses mean

What an order is, in law, and what that gets you

An order placed on Gloodoh is an internet agreement and a remote agreement under the Consumer Protection Act (Cap. 501) — you and the supplier are not in the same room and the deal is made through a screen. If anything is still outstanding when you place it — delivery later, a reservation, a part payment, an instalment plan — it is also a future performance agreement. Those labels come with duties, and we treat them as promises to you:

• You see the price before you pay, itemised, with every fee named.
• You get a real chance to check it, fix it, or say no, immediately before the order is placed — not buried three screens back.
• You get a copy you can keep. The order stays in the app, with its items, prices, payments and the whole history of what happened to it. You can open it at any time, and ask us for a copy at support@gloodoh.com if you need one outside the app. We also message you when it is placed and when a payment lands — as a notification, and as a text message where we have your number, sent through Africa's Talking. If the M-PESA number that paid is not the one on the account, we send a short confirmation to that number too, so whoever actually paid knows the money arrived; it names the order and nothing else about you. To stop receiving texts from us, reply to any of them or write to support@gloodoh.com.
• You can print it. This page and every policy linked from it can be saved or printed from your browser.

A supplier's campaign, bundle or deal may carry its own conditions, shown with the deal itself. Those apply on top of this agreement, and they are saved with your order so nobody can change them afterwards. They cannot take away a right the law gives you.

Sales recorded off Gloodoh

Two features look like orders but are really bookkeeping, and it matters that you know which is which.

Reservations and pre-orders

Sometimes you are not buying right now. Gloodoh has two ways to handle that.

A reservation

A reservation holds an item for you for a stated time. The listing tells you how long the hold lasts and whether a booking fee is payable to hold it. The conditions shown to you when you reserve are saved with the reservation, so they are the ones that apply even if the supplier changes the listing afterwards.

When a hold expires it is released and the stock goes back on sale. We sweep for expired holds every few minutes rather than to the second, so treat the stated time as the moment your claim ends — do not rely on a lapsed hold still being there, and if you are a minute or two late, ask the supplier rather than assuming.

A pre-order

A pre-order is for something the supplier does not have yet. The listing shows the expected release date. Until that item exists and reaches you, it is a promise, not a purchase you have taken home.

A booking

Where a supplier sells time rather than things — a fitting, a service, a slot — you book a slot with a start and end time, and both of you get a reminder before it. Turning up matters in both directions.

What happens to a booking fee or a part payment when a reservation is cancelled — by you, by the supplier, or by the clock — is set out in the Cancellations & Refunds policy. One thing that policy cannot change: where you cancel under a right the Consumer Protection Act gives you, the supplier must refund every payment you made under the agreement or any related agreement (Cap. 501, s.80), and if it does not, you can sue for it (s.80(6)). No booking fee on Gloodoh is non-refundable in that situation.

Instalments — paying a bit at a time

Some suppliers let you pay for something gradually and collect it once it is fully paid. In Kenya this is called lay-away, and it is worth understanding exactly what it is — because it is not credit, and that is what keeps it simple, cheap and lawful.

Four things are true of every instalment plan on Gloodoh, and they do not vary:

1. No credit is advanced. Nobody is lending you money. Not the supplier, not us, not a financier standing behind either of us.
2. No interest and no finance charge. Spreading the payments costs you nothing extra. There is no deferral fee and no late-payment penalty. The total you pay is the price, and paying it over four months costs exactly what paying it today costs.
3. The goods stay the supplier's property and are not handed over until the price is paid in full. You do not take the item home and pay it off — that would be hire purchase, which this is not.
4. The unpaid balance is not a debt you owe. If you stop paying, nobody can sue you for the rest, send it to a collector, or report it anywhere. You can walk away. What happens to the money you already paid is in the refunds policy.

Because you never take possession of the goods, this is not a hire-purchase agreement under the Hire Purchase Act (Cap. 507) s.2(1), which needs the goods to be in your hands. And because no credit is granted, it is not credit business under the Central Bank of Kenya Act (Cap. 491). No lending licence is engaged, by us or by the supplier, and none is needed.

How a plan works in the app

Before you start, the app shows you the total, the first payment, how many payments there are, the smallest amount each payment can be, and the suggested dates. Many plans let you pay more than the suggested amount, or earlier — paying it off faster is always allowed and never costs more.

The plan is recorded with your order, so both sides are looking at the same schedule. A plan is a future performance agreement, so you get a written copy of it, and the thirty-day non-delivery right in Reservations and pre-orders applies to it too.

Prices, fees and taxes

The supplier sets the price of the goods. We charge a service fee for running the marketplace, and the mobile-money provider charges its own tariff for moving the money.

You see every charge before you pay. The checkout itemises the order total and, where they apply, the Gloodoh service fee and the mobile-money charge, then the single figure that will leave your account. On some payments the last two are shown as close estimates, marked with a tilde, until our server confirms the exact amounts a moment before the PIN prompt — the figure you approve on your phone is always the real one. Where a supplier is not yet on automatic settlement, and on cash, there is no Gloodoh fee and no mobile-money charge, and the checkout says so. There is no fee anywhere in Gloodoh that you are not shown first: the Competition Act (Cap. 504) s.56(3) forbids imposing a charge or fee, by whatever name it is called, that was not brought to your attention before it was imposed or before the service was provided, and s.56(4) gives you the right to be informed of every charge. Contravening Part VI of that Act is an offence under s.70.

• An estimate is a ceiling, near enough. Where a price is given as an estimate — a weighed item, a delivery charge worked out later — you cannot be charged more than ten per cent above it (Consumer Protection Act, Cap. 501, s.6).
• One order, one currency. Gloodoh works in Kenyan shillings, Ugandan shillings, Tanzanian shillings, Rwandan francs, Burundian francs and US dollars. We never mix currencies inside one order, and we never add up amounts in different currencies as if they were the same money. Where we show a converted figure it is marked as an estimate and is not the price you pay.
• Price changes do not reach back. A supplier can change a price whenever they like, but the price that binds is the one shown when you placed the order.
• If we ever charge you something we should not have. Where any fee or amount has been charged in breach of the Consumer Protection Act (Cap. 501) — an undisclosed one, or one above the ten per cent estimate ceiling — you can demand it back at any time within one year of paying it, and you may make that demand in any way that makes your meaning clear (Cap. 501, s.82(1) read with s.76). Write to support@gloodoh.com and we will refund it.

Tax

Where tax such as VAT is due on a sale, charging it, showing it and accounting for it to the revenue authority is the supplier's job, not ours. The price you see is the price the supplier has set.

How payment works

We want to be exact about this, because money is where vague wording does real damage.

Payments on Gloodoh run on one of two rails, and the checkout tells you which one before you approve anything. Most orders are collected and settled by SasaPay, operated by Viewtech Limited, a payment service provider authorised by the Central Bank of Kenya since 15 September 2021 to process payments on behalf of merchants. A smaller number — orders from a supplier who has not yet set up automatic settlement — are collected by Safaricom through M-PESA, directly into a Gloodoh paybill. Either way, you approve the prompt with your own PIN, on your own phone, and nobody but you ever needs that PIN.

On the SasaPay rail, SasaPay receives and holds the money, not us. The collection runs through a merchant code registered in Gloodoh's name, but what sits in it is not ours: we hold no float, we hold no balance of yours, and we cannot spend it. Once the payment is confirmed, SasaPay settles the supplier's share to the supplier's own payout number, and releases our service fee to us out of that same settlement as the fee for the marketplace service.

What that means for you as a buyer

• You are charged the order total, plus our service fee, plus the mobile-money tariff, where those apply — all shown before you approve.
• Once the payment is confirmed, you have paid. Whether the supplier's share reaches them quickly, slowly or needs chasing is a matter between us, the payment provider and the supplier. It is not your problem and it does not delay your order.
• You can pay in part. The order shows what has been paid and what is outstanding, every time.
• A checkout you start and do not finish expires by itself, in fifteen to thirty minutes depending on the flow. Nothing is charged and nothing is held.
• Refunds go back to the M-PESA number the money came from. We send them by hand at present rather than automatically, which is why the refunds policy gives a turnaround in days rather than instantly — write to support@gloodoh.com with your order reference and we will confirm the amount and the number before we send it.

Suppliers not yet set up for automatic settlement

Not every supplier has registered a payout number yet. Those orders go down the direct M-PESA rail: Safaricom collects the order total into a Gloodoh paybill, with no Gloodoh fee and no mobile-money surcharge added, and a person here passes the money on to the supplier rather than a system doing it. We would rather say that plainly than dress it up — on those orders the money does pass through an account of ours on its way to the supplier. We receive it for the supplier and not for ourselves: we take nothing out of it, we hold it only for as long as it takes to pass it on, and paying it into that paybill discharges what you owe the supplier. As far as you are concerned, you have paid; if the order is cancelled, the refund comes from us. Either way, the checkout shows you the exact figure before you approve anything.

Delivery and collection

Every order says how you are getting your goods: collecting them yourself, or having them delivered. The supplier arranges delivery, sets any delivery charge, and is responsible for the goods until they reach you.

• Collection. The supplier marks the order Ready and you collect. Bring your order reference or your Gloodoh code — the supplier may reasonably check that the person collecting is entitled to.
• Delivery. The supplier, or someone carrying for them, brings it to the address on the order. Make sure that address and phone number are right.
• Confirm when you get it. After delivery you are asked to confirm receipt within three days. If you do not, the supplier may close the order as complete in their own records. That is bookkeeping and nothing more: silence is not agreement, and under the Consumer Protection Act (Cap. 501) s.9(3) your agreement to anything cannot be inferred from inaction or from the passing of time. Your rights about goods that are faulty, wrong, or never arrived are untouched by it.

Delivery counts as having been made if it was attempted and refused, or attempted on a day you were given reasonable notice of and nobody was there to take it (s.21(4)). If that happens, talk to the supplier about a second attempt rather than leaving the order stuck.

Quality, and what happens if something is wrong

When a business sells you something, the law puts real promises into that sale whether or not anyone writes them down. Under the Sale of Goods Act (Cap. 31), the supplier promises that:

• they have the right to sell it, and nobody else has a claim over it (s.14);
• it matches its description — the listing, the photos, the size, the colour, the model (s.15);
• it is of merchantable quality — it works, and it is not damaged or defective (s.16(b));
• it is fit for the purpose you told the supplier you needed it for, where you were relying on their judgement (s.16(a)).

On top of that, the supplier is deemed to warrant that what they supplied is of reasonably merchantable quality (Cap. 501, s.5(1)), and the Constitution of Kenya itself gives consumers the right to goods of reasonable quality and to compensation for loss caused by defects (Article 46).

Separately from anything the supplier does or does not do about the goods: if you entered into an order after or while someone engaged in an unfair practice — a false, misleading or deceptive representation, an unconscionable one, or the use of goods or money of yours as leverage — you may rescind that order, and you are entitled to any other remedy the law gives you, including damages. Where rescission is no longer possible you may recover the amount you paid over and above what the goods are actually worth to you, or damages, or both, and a court may award exemplary or punitive damages on top (Consumer Protection Act, Cap. 501, s.16(1), (2) and (9)). Rescission cancels the order and every agreement, guarantee and security attached to it as if none of them had existed (s.16(12)). You do not need our permission to exercise this, and we will not treat it as a breach of these terms.

So if something is wrong — it never came, it came broken, it is not what the listing said — start with the supplier through the order's chat, and read the Cancellations & Refunds policy, which sets out what you get and how fast. If the supplier will not put it right, bring it to us: see If we cannot agree.

You can also ask, in writing, to be told who made the goods or who supplied them to the seller. You may serve that request on any supplier in the chain that you know of — the shop, and us. If thirty days pass after the request and you still do not know who the manufacturer is, every supplier who was asked and did not answer is treated, for the purposes of your claim, as having manufactured the goods (Competition Act, Cap. 504, s.65). That is a real right and it costs nothing to use. Send the request to the supplier through the order's chat so it is dated and on the record, and copy legal@gloodoh.com: we will answer with what we hold, put the request to the supplier the same working day, and remind them as the thirty days run out.

Your content and your listings

Everything you put into Gloodoh — product photos, descriptions, your shop logo, your messages, files you attach to an order — stays yours. We do not claim ownership of any of it.

To show it, we need your permission, so you give us a non-exclusive, royalty-free licence to store it, resize it and display it wherever the service needs to display it: on your shop page, in search results, in a buyer's basket, on an order record, in a chat. That is the whole purpose of the licence. We do not sell your content, and we do not license it to anyone else.

The licence ends when you remove the content. Take a listing down and we stop showing it. Two honest exceptions:

• Order records. When an order is placed, a snapshot of the item — its name, price and photo — is written into that order so that both sides can always see what was actually bought. Removing the listing afterwards does not rewrite history, and it should not: that record is a receipt.
• Backups. Deleted content can sit in a backup for a while before it ages out. It is not shown to anyone.

You promise that what you upload is yours to upload — that you took the photo or have the right to use it, and that you are not using someone else's brand, packaging shot or catalogue image without permission. If someone tells us your content infringes their rights, we may take it down while we look into it, and we will tell you.

If you sell on Gloodoh

Selling to the public brings duties. Most of them come from the law, not from us, and they would apply to your shop whether or not Gloodoh existed. Here they are in plain terms.

Say who you are

Your listings and your order confirmations must carry your real trading or registered business name and a contact route that works. Two reasons, both serious:

• If a buyer asks you in writing who manufactured the goods or who supplied them to you, and thirty days pass without an answer, you are treated as the manufacturer in any claim they bring (Competition Act, Cap. 504, s.65).
• A listing with no identifiable seller pushes the legal role of "supplier" onto whoever is holding it out — which is bad for you, and bad for us.

List honestly

• Describe goods accurately. The listing and photos are part of the contract (Sale of Goods Act, Cap. 31, s.15).
• Do not say something is new when it is refurbished, or claim a standard, grade or brand it does not have.
• Do not advertise a price advantage that does not exist — a struck-through "was" price that was never charged is a false representation (Competition Act s.55(b)(i); Consumer Protection Act s.12(2)(k)).
• Do not show stock you do not have, or promise a delivery date you know you cannot meet (Cap. 501 s.12(2)(h) and (i)).
• Do not misstate what rights a buyer has. Understating a consumer's rights is itself an offence (Competition Act s.55(b)(v)), which is why "no returns" signs are worse than useless.

Keep your side of the bargain

• Keep stock accurate so a buyer is not sold something you cannot supply.
• Honour reservations for as long as the hold you offered lasts, on the conditions saved with the reservation.
• Honour instalment plans exactly as described in Instalments: no interest, no late fee, goods kept for the buyer, no debt chased. And once two thirds is paid, no cancelling and re-selling without the High Court's leave. If a hold on goods held under a running plan lapses in our system, treat that as our mistake and not as a cancellation — put the hold back, and tell us so we can fix it.
• State a delivery or collection date on every order, and meet it. Thirty days late and the buyer can cancel outright.
• Deal with problems under the refunds policy, and answer your buyers. Silence is what turns a small complaint into a dispute.
• Sell only what you may lawfully sell, and hold whatever licence or permit your trade requires. The Acceptable Use Policy lists what may not be sold on Gloodoh at all.
• Never use goods you are holding as leverage to make a buyer accept new terms. That is an unfair practice under Cap. 501 s.14.

You handle your customers' personal information too — names, phone numbers, addresses, what they bought. Use it to serve them and for your own records, not for anything they did not sign up for. Your obligations under the Data Protection Act are your own; the Privacy Policy explains the part we play.

Plans and subscriptions

Gloodoh is usable for free. Some extras — higher limits, more staff seats, more devices, more assistant questions, richer reports — sit on a paid plan, for consumers and for businesses.

How a plan renews, and how it does not

A plan runs for a fixed period that you pay for up front. We cannot charge you automatically. We do not keep your card or wallet details, and every payment on Gloodoh needs you to approve it on your own phone. So a plan does not silently renew itself — when the period ends, you choose whether to pay again.

• When a period ends without a renewal, the plan enters a grace period of fourteen days during which the paid features keep working. If it is still unpaid after that, the plan expires and the account drops back to the free tier. Your data stays; the extras stop.
• Cancelling means telling us not to renew. You keep everything you paid for until the end of the period you already paid for. There is nothing to cancel in a hurry and no notice period.
• We do not refund part of a period you have used, except where the refunds policy or the law says otherwise.

Plan limits — how many staff seats, how many signed-in devices, how many assistant questions a day — are shown in the app and can be adjusted as the product grows. We will not cut a limit you are already relying on part-way through a period you have paid for.

The shopping assistant

Gloodoh has a built-in assistant that helps you find things and keep to a budget. It is useful, and it is not an oracle.

• What you type is sent to an outside AI provider to be answered — Groq, and DeepInfra if Groq does not respond. Both are outside Kenya. Your name, email, phone number and account id are not sent with it. We do not keep a transcript of what you asked — only a count of how many questions you have asked today, to enforce the daily limit of thirty.
• Those two providers handle the text under their own terms, and whether they keep it is up to them, not us — we have not asked them to discard it. So do not type anything into the assistant you would not want a third party to process. The detail is in the Privacy Policy.
• The assistant can be wrong. Treat what it says as a suggestion. The price, the stock and the conditions that bind are the ones on the supplier's listing and on your order — never the assistant's summary of them.
• It is not financial, legal, medical or professional advice of any kind.

What is not allowed

The full list is in the Acceptable Use Policy, which is short and worth reading. The headlines:

• Do not sell what you may not lawfully sell, or what needs a licence you do not hold.
• Do not lie — about goods, prices, stock, discounts, who you are, or who you are acting for.
• Do not use Gloodoh to launder money, to run a payment for something that is not the sale it says it is, or to test stolen payment details.
• Do not harass, threaten or abuse anyone, whether they are a buyer, a seller or one of us.
• Do not scrape, break into, overload or reverse-engineer the service, and do not use someone else's account.
• Do not take a conversation started on Gloodoh off-platform in order to dodge the protections a buyer has here.

Suspension, closing an account, and orders in flight

You can stop using Gloodoh whenever you like, and ask us to close your account — see the deletion page. If you have orders or instalment plans running, settle them first, or tell the other side what you are doing.

We may suspend or limit an account where we reasonably believe it is being used to break this agreement or the Acceptable Use Policy, to commit fraud, or in a way that puts other people or the service at risk — or where the law requires it.

• We will tell you what we have done and why, unless telling you would itself be unlawful or would defeat a fraud investigation.
• You can appeal to support@gloodoh.com, and a person will look at it.
• We will keep a suspension no wider and no longer than the problem needs.

Money and orders already in flight

Closing or suspending an account does not cancel an order that already exists. An order that has been paid for is either delivered against or refunded. Nobody keeps money for goods that were never handed over.

Our responsibility, and its limits

We are responsible for Gloodoh: that the service works as described, that your records are accurate, that the payment instruction we send is the one you approved, and that we handle your personal data properly.

We are not the seller, so we cannot promise the goods themselves. That promise belongs to the supplier — and as Quality explains, it is a strong one that cannot be excluded.

What we never limit

Nothing in this agreement limits or excludes our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• the implied conditions and warranties in a consumer sale — title, description, merchantable quality and fitness — which cannot lawfully be excluded (Consumer Protection Act, Cap. 501, s.5(3));
• the warranty deemed by s.5(1) of that Act that the service we supply you is of reasonably merchantable quality;
• our liability alongside a supplier where we have ourselves engaged in an unfair practice (Cap. 501, s.16(10));
• anything else the law does not allow us to limit.

What we do limit

Subject to all of the above, and only to the extent the law allows:

• Where the law permits us to limit our liability at all, our total liability for everything connected with a particular order is limited to the greater of (a) the Gloodoh fees you paid us in the twelve months before the claim, and (b) the amount you paid for that order. This cap does not apply, and we will not rely on it, where you are a consumer and the claim is for something the Consumer Protection Act (Cap. 501) entitles you to recover — including the full payment a court is directed to order under s.84(2), a refund demanded under s.82(1), a claim on the reasonably-merchantable-quality warranty deemed by s.5(1), or any remedy under s.16 — or where you claim compensation for loss or injury arising from a defect under Article 46(1)(d) of the Constitution.
• We are not liable for loss that was not reasonably foreseeable, or for a loss caused by something genuinely outside our control — a network outage, a mobile-money provider's downtime, a natural disaster — where we have taken reasonable steps to keep the service running.
• We do not promise that Gloodoh will never be interrupted, and we do not promise it is free of every fault. What we do not do — because Kenyan law does not permit it — is supply the service as is: under the Consumer Protection Act (Cap. 501) s.5(1) we are deemed to warrant that the service we supply you is of reasonably merchantable quality, and s.5(3) makes void any term of ours that tried to negate or vary that warranty. Nothing in this section is such a term, and if any part of it were read that way it is severed and the warranty stands (s.5(4)).

If you are using Gloodoh for business, you agree to cover us for claims brought against us because of what you listed, sold or did — that is an ordinary term between businesses and it does not apply to you as a consumer.

If we cannot agree

Most problems are solved by two people talking, so start there.

1. Talk to the supplier. Every order has a chat attached to it. Say what is wrong and what you want done. Most cases end here.
2. Bring it to us. If that does not work, write to support@gloodoh.com with your order reference. We will reply within five working days and tell you what we can see, what we can do and what we cannot. Where we need to hear from the supplier too, we aim to come back with an outcome within a further fourteen days, and we will tell you if something is taking longer.
3. Mediation, if you want it. Once a dispute has actually arisen, we may offer to bring in a neutral mediator, and you are free to accept or refuse. Refusing costs you nothing and changes nothing else. We will never ask you to agree in advance to arbitration instead of court — a term like that is invalid against a consumer anyway (Consumer Protection Act, Cap. 501, s.88(1)).

For a complaint about how we handle your personal data, the route is different: write to privacy@gloodoh.com, and the Privacy Policy explains your right to take it to the Office of the Data Protection Commissioner.

Governing law, and where you live

This agreement is governed by the law of Kenya, and the Kenyan courts have jurisdiction over any claim arising from it. That jurisdiction is not exclusive: if you are a consumer, nothing here prevents you from suing in the courts of the country where you live, and nothing here requires you to travel to Kenya to be heard.

Gloodoh also works in Uganda, Tanzania, Rwanda and Burundi. If the law of the country where you live gives you rights that cannot be contracted away, you keep them. Choosing Kenyan law here does not and cannot take those away, and we would not want it to. The same is true within Kenya: the Consumer Protection Act applies to a consumer agreement whatever the agreement says about governing law.

Changes to these terms

Gloodoh will change, so this document will change with it. When it does:

• We will give you at least fourteen days' notice before a change takes effect, as a notice inside the app and on this page. Where we hold an email address for you we will use that too. For a small correction that does not affect your rights — a typo, a clearer sentence — we will simply update the date at the top.
• The version in force when you placed an order governs that order. A later change does not reach back into a deal you have already made.
• If you do not want to accept a change, you can stop using Gloodoh and ask us to close your account before it takes effect. If you are part-way through a paid plan, see Plans and subscriptions — a material change to a service you are already paying for needs your consent.

We keep the date of the last update at the top of this page so you can tell at a glance whether anything has moved.

Other things worth knowing

The usual closing clauses, written so they can be read.

This document, and what was said

This agreement and the policies it links to are what govern your use of Gloodoh. But that does not shut out evidence of what was actually said or done: if you were misled by a representation — ours or a supplier's — you can prove it with oral evidence even though this agreement is written down (Consumer Protection Act, Cap. 501, s.16(8)). We would rather be held to what we actually told you.

If one part fails

If a term here turns out to be void or unenforceable, it is cut out and the rest of the agreement stands. Where a term tried to remove a statutory condition or warranty, cutting it out does not imply that the condition or warranty does not apply — it plainly does (Cap. 501, s.5(4)).

Not enforcing something is not giving it up

If we do not enforce a term straight away, we have not waived it. If we let something go once, that is not a promise to let it go every time.

Transferring this agreement

Your account is yours and you cannot transfer it to someone else — a business, on the other hand, can be handed to a new owner inside the app by its current owner. We may transfer this agreement to another company as part of a reorganisation or sale of the business, provided your rights under it are not reduced.

Language

These terms are published in English. Where we publish a translation and the two differ, the English text governs as between businesses; if you are a consumer, you may rely on whichever version you actually read. Kenyan law requires our disclosures to be clear, comprehensible and delivered in a form you can understand (Consumer Protection Act, Cap. 501, s.87(1) and (2)), and it counts trading on a consumer's inability to understand the language of an agreement as an unconscionable representation (s.13(2)(a)). If anything here is unclear, ask us before you rely on it.

How to reach us, and how to tell us things

Gloodoh is operated by iTsitso Space LTD, a company incorporated in the Republic of Kenya.

We are meant to tell you who and where we are — the Companies Act, 2015 s.67 and the Registration of Business Names Act (Cap. 499) s.23 both require it, and the Consumer Protection Act (Cap. 501) ss.16(6) and 76(5) assume our address appears in this agreement so that you know where to send a cancellation or a complaint. Our registered company number and registered office address are not printed on this page yet, and we would rather leave them off than print something that turns out to be wrong. They will appear here as soon as they are confirmed. In the meantime, ask for them at legal@gloodoh.com and we will give them to you free of charge and by return. A cancellation, a refund demand or a complaint sent to any address below counts as properly delivered to us, and we will not argue that it went to the wrong place.

• support@gloodoh.com — orders, refunds, accounts, anything that has gone wrong.
• legal@gloodoh.com — legal notices, our company details, and questions about this agreement.
• privacy@gloodoh.com — personal data, access and deletion requests.
• info@gloodoh.com — everything else.

Every supplier on Gloodoh must show a working contact route on their listings and order confirmations, so you can reach the shop directly as well. If you cannot reach a supplier, tell us and we will help.