Terms of Service

Last updated: December 6, 2025

Welcome to Dukene! By creating a Dukene Account or using any Dukene Services, you agree to be bound by these Terms of Service.

As used in these Terms, "we", "us", "our", and "Dukene" refer to Dukene Ltd., and "you" refers to the individual or business entity using our Services.

1. Account Terms

You are responsible for your Account and the content you upload to Dukene. If you violate our terms, we may suspend or cancel your access. We will communicate with you via your registered email address.

  1. To access and use Dukene Services, you must register for an account ("Account"). You must provide your full legal name, business name (if applicable), phone number, a valid email address, and any other required information. Dukene may reject or cancel any Account at our sole discretion.
  2. You must be at least 18 years old or the age of majority in your jurisdiction to create an Account.
  3. You confirm that you are using Dukene Services for business purposes, not for personal, household, or family use.
  4. Your registered email address will be our primary method of communication with you. You must monitor this email and ensure it can send and receive messages.
  5. You are responsible for maintaining the security of your Account password. Dukene is not liable for any loss or damage resulting from your failure to secure your Account.
  6. Technical support is only provided to registered Dukene users. Questions about these Terms should be directed to our Support team.
  7. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
  8. You may not circumvent technical limitations, use automated tools to scrape data, or reverse engineer any part of our Services.

2. Account Activation

To activate your Account and start selling, you must provide accurate information and comply with our verification requirements.

  1. Account activation requires verification of your identity and business information. This may include providing government-issued identification, business registration documents, and tax information.
  2. You must provide accurate and complete information during registration and keep this information updated.
  3. For WhatsApp integration, you must have a valid WhatsApp Business account and comply with WhatsApp's Business Policy.
  4. You authorize Dukene to verify your information with third-party services and payment processors.
  5. Dukene reserves the right to request additional information or documentation at any time to verify your Account.
  6. False or misleading information may result in immediate Account suspension or termination.

3. Dukene Rights

We reserve the right to modify, suspend, or discontinue Services, and to refuse service to anyone for any reason.

  1. Dukene reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Dukene may, but has no obligation to, remove content and Accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
  4. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Dukene customer, employee, member, or officer will result in immediate Account termination.
  5. We reserve the right to provide our Services to your competitors and make no promise of exclusivity in any particular market segment.
  6. Dukene may use your business name and logo to identify you as a Dukene customer in our marketing materials, unless you opt out by contacting us.

4. Your Responsibilities

You are responsible for your store, products, customer relationships, and compliance with all applicable laws. Dukene is not the merchant of record.

  1. You must provide accurate contact information, terms of service, refund policy, and shipping/delivery policies to your customers.
  2. Any sales made through Dukene are directly between you and your customers. You are the merchant of record for all transactions.
  3. You are responsible for product descriptions, pricing, inventory management, order fulfillment, customer service, refunds, and returns.
  4. You must comply with all applicable laws, including consumer protection laws, tax laws, data protection regulations, and industry-specific regulations.
  5. You are responsible for obtaining all necessary licenses, permits, and approvals to sell your products or services.
  6. You must not sell prohibited items including but not limited to: illegal goods, counterfeit items, weapons, drugs, adult content, or items that violate intellectual property rights.
  7. You are responsible for all taxes related to your business, including sales tax, VAT, and income tax.
  8. You must handle customer data responsibly and in compliance with applicable privacy laws.
  9. You are liable for fraudulent transactions, chargebacks, and disputes arising from your sales.

5. Payment of Fees and Taxes

You agree to pay all fees associated with your use of Dukene Services. Fees are subject to change with notice.

  1. You will pay all applicable fees as described in your chosen pricing plan. Fees are charged in advance on a monthly or annual basis.
  2. All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for all taxes associated with your use of the Services.
  3. Dukene reserves the right to change fees upon 30 days' notice. Continued use of the Services after fee changes constitutes acceptance.
  4. For transaction-based fees, you authorize Dukene to deduct applicable fees from your sales proceeds.
  5. All fees are non-refundable except as required by law or as explicitly stated in these Terms.
  6. If you fail to pay fees when due, Dukene may suspend or terminate your Account.
  7. You are responsible for all payment processing fees charged by third-party payment providers.

6. Confidentiality

Both parties agree to protect confidential information shared during the course of using Dukene Services.

  1. Confidential Information includes non-public information about business operations, customers, pricing, and technical systems.
  2. You agree not to disclose Dukene's Confidential Information to third parties without prior written consent.
  3. Dukene will protect your Confidential Information and use it only to provide Services to you.
  4. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
  5. Upon termination, both parties must return or destroy all Confidential Information.

7. Limitation of Liability and Indemnification

Dukene provides Services "as is" with limited warranties. Our liability is limited, and you agree to indemnify us against claims arising from your use of the Services.

  1. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
  2. DUKENE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
  3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUKENE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
  4. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO DUKENE IN THE 12 MONTHS PRECEDING THE CLAIM.
  5. You agree to indemnify and hold Dukene harmless from any claims, damages, or expenses arising from: (a) your breach of these Terms, (b) your violation of any law or third-party rights, (c) your products or services, (d) your customer relationships, or (e) your Materials.
  6. Dukene is not responsible for your tax obligations or liabilities.
  7. You are responsible for maintaining backups of your data. Dukene is not liable for data loss.

8. Intellectual Property and Your Materials

You retain ownership of your content. You grant Dukene a license to use your content to provide Services. Dukene owns all rights to the platform.

  1. You retain all ownership rights to your Materials (products, images, descriptions, branding, etc.).
  2. By uploading Materials to Dukene, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your Materials solely to provide Services to you.
  3. You represent and warrant that you own or have the necessary rights to all Materials you upload.
  4. You are responsible for ensuring your Materials do not infringe on third-party intellectual property rights.
  5. Dukene owns all rights, title, and interest in the Dukene platform, including all software, technology, and trademarks.
  6. You may not use Dukene's trademarks without our prior written permission.

9. WhatsApp Integration

Use of WhatsApp features is subject to WhatsApp's terms and policies. You are responsible for compliance with WhatsApp Business Policy.

  1. Dukene's WhatsApp integration allows you to sell products and communicate with customers via WhatsApp.
  2. You must comply with WhatsApp's Business Policy and Terms of Service at all times.
  3. You are responsible for obtaining customer consent before sending WhatsApp messages.
  4. You must not send spam, unsolicited messages, or violate WhatsApp's messaging policies.
  5. Dukene is not responsible for WhatsApp service interruptions, changes to WhatsApp's API, or WhatsApp account suspensions.
  6. You acknowledge that WhatsApp may change its policies or discontinue services at any time.

10. Affiliate Program

Participation in the Dukene Affiliate Program is subject to additional terms and commission structures.

  1. The Dukene Affiliate Program allows you to earn commissions by referring merchants to Dukene.
  2. Affiliate commissions are paid according to the commission structure published on our website.
  3. You must comply with all applicable advertising and marketing laws when promoting Dukene.
  4. You may not engage in fraudulent activities, including self-referrals or fake sign-ups.
  5. Dukene reserves the right to withhold or revoke commissions for fraudulent or suspicious activity.
  6. Affiliate accounts may be terminated at any time for violation of program terms.

11. Privacy and Data Protection

We are committed to protecting your privacy. Our Privacy Policy governs how we collect and use your data.

  1. Our Privacy Policy, available at [link], explains how we collect, use, and protect your personal information.
  2. You are responsible for complying with data protection laws when handling customer data.
  3. You must obtain necessary consents from customers before collecting or processing their data.
  4. Dukene processes data as a service provider on your behalf. You are the data controller for customer data.
  5. You must implement appropriate security measures to protect customer data.
  6. You must notify Dukene immediately of any data breaches or security incidents.

12. Term and Termination

These Terms remain in effect until terminated. Either party may terminate with notice. Certain provisions survive termination.

  1. These Terms begin when you create an Account and continue until terminated.
  2. You may cancel your Account at any time through your account settings or by contacting support.
  3. Dukene may suspend or terminate your Account immediately for violation of these Terms.
  4. Upon termination, you must cease all use of the Services and delete any Dukene software or materials.
  5. Dukene will provide you with access to export your data for 30 days after termination.
  6. Fees paid are non-refundable upon termination, except as required by law.
  7. Provisions regarding liability, indemnification, intellectual property, and confidentiality survive termination.

13. Modifications

We may modify these Terms at any time. Continued use after changes constitutes acceptance.

  1. Dukene reserves the right to modify these Terms at any time.
  2. We will provide notice of material changes via email or through the Services.
  3. Changes take effect 30 days after notice, unless otherwise stated.
  4. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.
  5. If you do not agree to modified Terms, you must stop using the Services and cancel your Account.

14. General Conditions

Additional legal terms governing the agreement between you and Dukene.

  1. These Terms constitute the entire agreement between you and Dukene regarding the Services.
  2. These Terms are governed by the laws of Kenya, without regard to conflict of law principles.
  3. Any disputes arising from these Terms shall be resolved in the courts of Kenya.
  4. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
  5. Dukene's failure to enforce any right or provision shall not constitute a waiver.
  6. You may not assign or transfer these Terms without our written consent. Dukene may assign these Terms without restriction.
  7. These Terms do not create any agency, partnership, or joint venture relationship.
  8. All notices must be sent to the contact information provided in your Account or to legal@dukene.co.ke.

Questions?

If you have any questions about these Terms of Service, please contact us at legal@dukene.co.ke or through our Support Center.