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Terms and Conditions

Effective Date: December 19, 2025

Last Updated: December 26, 2025

Welcome to the Pixel Point ERP Platform - Your Complete E-Commerce and Business Management Solution. These Terms and Conditions govern your access to and use of all applications powered by the Pixel Point ERP Platform, including marketplace apps, mobile applications, point-of-sale systems, terminals, and related services (collectively, the "Service"). By accessing or using any application powered by our platform, you agree to be bound by these Terms. If you do not agree, please do not use our Service.

Covered Applications

This policy applies to all applications powered by the Pixel Point ERP Platform, including:

  • Hula Market (Consumer Marketplace)

    E-commerce marketplace for buyers and sellers

  • Pixel Point POS (Merchant Point-of-Sale Application)

    Point-of-sale system for retail and service businesses

  • Pixel Point Terminal (Store Checkout Application)

    Self-service and assisted checkout terminals

  • Other current and future Pixel Point-powered applications

    Agent apps, desktop applications, and integrations

1. Service Overview

The Pixel Point ERP Platform operates as a comprehensive e-commerce marketplace and business management platform owned and operated by Continuum Technologies. We provide:

  • Marketplace Platform

    A multi-vendor e-commerce ecosystem where buyers discover and purchase products

  • Seller Management Tools

    Inventory management, order fulfillment, analytics, and seller dashboard

  • Payment Processing

    Secure payment handling for multiple payment methods and currencies

  • Fulfillment Services

    Optional Fulfillment by Hula Market (FHM) for logistics and delivery


2. User Eligibility and Accounts

To use applications powered by the platform, you must:

  • • Be at least 18 years old or have parental/guardian consent
  • • Have the legal capacity to enter into binding contracts
  • • Provide accurate, complete, and current information during registration
  • • Maintain a valid email address for account verification
  • • For Sellers: Have proper business registration and tax compliance documentation
Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.


3. Buyer Terms and Conditions
Purchase Agreement

Your purchase through platform applications constitutes an offer to buy products on the terms presented. Sellers have the right to accept or decline your purchase offer. Once a seller confirms your order, a binding contract is formed between you and the seller.

Product Descriptions and Prices

While we strive to provide accurate product descriptions and pricing, the platform does not guarantee that all product descriptions, pricing, or availability information is accurate, complete, or error-free. Prices are subject to change without notice. Sellers are responsible for ensuring the accuracy of their product listings.

Returns and Refunds

Returns and refund policies are determined by individual sellers. Each product listing will display the seller's specific return policy. For disputes, buyers may open a case within 30 days of delivery. The platform provides dispute resolution services and may facilitate refunds if the seller is unresponsive.

Payment Methods

The platform supports multiple payment methods including credit cards, debit cards, mobile money, bank transfers, and digital wallets. All payments are processed securely with PCI-DSS compliance. You agree to provide valid payment information and authorize the platform to charge your chosen payment method.


4. Seller Terms and Conditions
Seller Registration

To become a seller using platform applications, you must:

  • • Complete the seller registration process with accurate business information
  • • Provide valid business registration documents and tax identification
  • • Agree to our seller policies and performance standards
  • • Maintain active communication and fulfill orders on time
  • • Accept the commission structure (3-15% depending on category)
Product Compliance

All products listed on platform applications must be legal, authentic, and comply with local and international laws. Sellers warrant that they have the right to sell all products and that products do not infringe any third-party intellectual property rights.

Prohibited Items

The following items are strictly prohibited on platform applications:

  • • Counterfeit, stolen, or fraudulent goods
  • • Weapons, explosives, or dangerous materials
  • • Controlled substances or illegal items
  • • Items that violate intellectual property rights
  • • Adult or sexually explicit content
  • • Hate speech or discriminatory content
Seller Performance Standards

Sellers must maintain:

  • • Order fulfillment rate: ≥95%
  • • On-time delivery rate: ≥98%
  • • Customer satisfaction rating: ≥4.0/5.0 stars
  • • Response time to customer inquiries: ≤24 hours

5. Prohibited Conduct

You agree not to use platform applications for any unlawful purpose or in any way that violates these Terms. Specifically, you shall not:

  • • Attempt to unauthorized access to platform systems or user accounts
  • • Engage in fraudulent transactions, chargebacks, or payment manipulation
  • • Post false, misleading, or defamatory content
  • • Engage in harassment, abuse, or threats toward other users
  • • Interfere with or disrupt platform operations
  • • Violate any applicable local, state, national, or international laws
  • • Attempt to circumvent transaction fees or commission structures

6. Intellectual Property Rights

All content on platform applications, including but not limited to text, graphics, logos, images, audio, and video, is the property of the Pixel Point ERP Platform or its content suppliers and is protected by international copyright laws.

By uploading content to platform applications (product photos, descriptions, reviews), you grant the Pixel Point ERP Platform a royalty-free, worldwide, non-exclusive license to use, reproduce, modify, and display such content in connection with the Service.

If you believe your intellectual property rights have been violated on platform applications, please contact our legal team with detailed information and we will investigate promptly.


7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PIXEL POINT ERP PLATFORM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The platform's total liability for any claim shall not exceed the amount you paid to the platform in the past 12 months.


8. Dispute Resolution
Buyer-Seller Disputes

The platform provides a structured dispute resolution process. For purchase disputes, buyers can file a claim within 30 days of delivery. The platform will review evidence from both parties and make a determination.

Arbitration

Any dispute not resolved through our dispute resolution process shall be resolved through binding arbitration rather than in court, under the rules of a mutually agreed-upon arbitration body. You and the Pixel Point ERP Platform agree to this arbitration clause.


9. Termination and Suspension

The platform may suspend or terminate your account if you:

  • • Violate these Terms or applicable laws
  • • Engage in fraudulent or illegal activity
  • • Have a history of chargebacks or payment disputes
  • • Provide false or misleading information
  • • Violate seller performance standards (for sellers)

You may also terminate your account at any time by contacting our support team. Upon termination, you remain responsible for any outstanding obligations or fees.


10. Changes to These Terms

The Pixel Point ERP Platform reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the website. Your continued use of platform applications following the posting of revised Terms means you accept and agree to the changes. We recommend you regularly review these Terms to stay informed.


11. Governing Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the jurisdiction in which Continuum Technologies operates, without regard to its conflict of laws principles. Any legal action or proceedings related to these Terms shall be exclusively governed by such laws.


13. Refund and Return Policy
A. Return Eligibility

Most items purchased through platform applications are eligible for return or refund within 30 days of purchase, subject to the following conditions:

  • Items must be in original, unused condition with all packaging and documentation
  • Items must not show signs of wear, damage, or alteration
  • Return shipping costs may apply depending on the reason for return
  • Digital products and services are generally non-refundable once activated
  • Final sale items (marked as such at purchase) cannot be returned or refunded
B. Refund Processing

Once we receive and inspect your returned item:

  • Refunds are processed within 5-10 business days
  • Funds are returned to your original payment method
  • For defective items, we may offer a replacement or full refund at our discretion
  • Partial refunds may be issued if the item is damaged due to customer misuse

14. Warranty and Product Liability
A. Seller Warranties

Sellers warrant that:

  • Products are authentic, genuine, and not counterfeit
  • Products comply with applicable laws and regulations
  • Products are free from defects in materials and workmanship
  • Sellers possess the legal right to sell the products
B. Disclaimer of Implied Warranties

The platform provides the Service on an "AS IS" and "AS AVAILABLE" basis. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law.


15. Content Ownership and Licensing
A. Hula Market Content

All content on platform applications (including logos, designs, text, graphics, and software) is the exclusive property of the Pixel Point ERP Platform or our content providers and is protected by copyright, trademark, and other intellectual property laws.

B. User-Generated Content

By uploading product photos, descriptions, reviews, or other content, you grant the Pixel Point ERP Platform a non-exclusive, royalty-free license to use, reproduce, modify, and display your content on the platform and in our marketing materials.

C. Limited License

You may access and use Hula Market for personal, non-commercial purposes only. You may not copy, reproduce, modify, distribute, or transmit any content without our written permission.


16. Account Termination and Suspension
A. Termination by User

You may terminate your Hula Market account at any time by contacting our Support Team. Upon termination, you will lose access to all account data, pending orders, and seller tools.

B. Termination by Hula Market

We may terminate or suspend your account immediately without notice if you:

  • Violate these Terms or our Conditions of Use
  • Engage in fraudulent, illegal, or harmful activities
  • Repeatedly violate our policies or community guidelines
  • Fail to comply with our seller or buyer requirements
  • Create multiple accounts to circumvent our policies

17. Enhanced Limitation of Liability
A. Disclaimers

To the fullest extent permitted by law, Hula Market shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunity
  • Errors or interruptions in the Service
  • Third-party conduct or content
  • Product quality, availability, or delivery by sellers
B. Liability Cap

Our total liability to you shall not exceed the amount paid by you in the 12 months preceding the claim, or $100 USD, whichever is greater.


18. Severability and Entire Agreement
A. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.

B. Entire Agreement

These Terms, along with our Privacy Notice and other policies, constitute the entire agreement between you and Hula Market regarding your use of the Service and supersede all prior agreements and understandings.


19. Contact Information

For questions about these Terms and Conditions:

Email: legal@hulamarket.co.ke

Support Portal: support.hulamarket.co.ke

Address: Continuum Technologies, 11011-00111 GPO Nairobi

© 2025 Continuum Technologies (Development Lab: Quantum Times Technologies). Pixel Point ERP Platform. All rights reserved.

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