Terms & Conditions | BidPesa.co.ke

General / Scope - Publication Date: 2nd of February 2017

Welcome to www.bidpesa.co.ke (the "Site")! This Site is owned and operated by or on behalf of Bid Pesa Ltd, with headquarters in Nairobi Kenya. These terms and conditions that apply to the buying of or 
bidding on goods or other services offered by Bid Pesa on this Site (collectively, the "Services"). You must register and accept these terms in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Bid Pesa reserves the right to change or modify any of the terms and conditions contained here or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective 
upon posting of the revisions on the Site. We will post a notice of such changes to these terms on the Site for thirty (30) days. Changes to referenced policies and guidelines may be posted without notice to you.

Your continued use of this Site and the Services following our posting of them will constitute your acceptance of such changes. IF YOU DO NOT AGREE TO THESE TERMS OR ANY MODIFICATION, DO NOT REGISTER OR CONTINUE TO USE THE SERVICES OR THIS SITE.


The Services may only be used by persons who can enter into legally binding contracts under applicable law for the purchase of goods or services. Consequently, persons under the age of 18 may not use the 
Services and should not register. To participate in the bidding process, we may require a valid credit card number, billing address, and credit card expiration date or other payment mechanism. We use this 
information to charge you for fees due to us for your purchases of bids and to verify your name, address, and other information. Your payment information is not disclosed in aggregate or otherwise to any 
unauthorized third party but may be disclosed for resolving billing disputes with your credit card company.

The target market for this service is East Africa. All items purchased on this Site may only be delivered to East Africa. Bid Pesa does not deliver to PO Boxes.

General Policies.

The policies throughout are expressly incorporated by reference into these terms, and you should review each carefully. The procedures and guidelines contained below explain the auction process. The Bid Pesa 
Privacy Policy governs the collection and use of user information on the Site. The FAQ provides additional detail on how the Services work, and the House Rules set out important details governing every 
user's rights and obligations. These documents may be changed without notice to you at any time in our sole discretion and are effective upon posting to the Site. Therefore, you should review these policies 

Contractual Obligations.

The auction process is a method in which the Site solicits offers from buyers for the sale of lots. By submitting bids, you are making a legal offer to buy the lot. Once accepted by the Site, a contract is 
created between the buyer and the Site for the sale and purchase of the lot in accordance with the terms disclosed at the time of the auction. By using the Services and bidding on a lot, or by using the 'Buy 
It Now' function, you agree to complete the transaction as described and fulfil any and all contractual obligations.

Bidpesa reserves the right to document by way of pictures and videos, the award of items and/or experiences purchased on the site through auctions, the use of the buy now feature or the sell back feature and further reserves the right to use the material documented for promotional purposes on all forms of media.


You agree not to interfere with the Site or any transaction. You agree not to impose any unreasonably or disproportionately large load on Bid Pesa’s systems or facilities. You agree not to put any material 
on the Site that contains any viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any 
system, data or personal information.


Due to the billing of charges, Bid Pesa would like to advise all users to monitor their bidding practices. Repeated online bidding can incur high costs. Users should therefore pay attention to their bidding 

Win limits.

To ensure equal chances for everyone to win you can win up to 3 items within a seven (7) day period. The system will not allow you to bid after you have reached your limit. All remaining BidBuddies will be automatically cancelled. Please plan your bidding strategy with this in mind.

Buy now and sell back.

If you have participated in an aucton, there will be either of two outcomes. Either you will be the last bidder or you will not be the last bidder.

In the event that you are the last bidder, you will have two options to choose from. 

1. Pay using bids - If you select this option, bids equivalent to the auction closing price will be deducted from your account and the item will be delivered to you.

2. Sell Back the item to BidPesa - If you select this option, BidPesa will deduct the auction closing price from 80% of the retail price and send you the difference directly to your mpesa. Should the figure you are to be sent exceed the limit permited by Mpesa, BidPesa will send it to you in tranches.

Buy Now - If you are not the last bidder, your money is not lost. you can always use our buy now feature. We will deduct the value of bids you have spent on the auction from the retail price and you will only pay the difference to have the item delivered to you. Bids spent on any given auction are only applicable to the buy now price for 30 days after the close of the auction.

You can only select ONE (1) of the above three options. That is the last bidder can either "Pay using bids" or "Sell back", not both. A user who is not the last bidder can use the Buy Now feature.

Fraud and Other Bad Behavior.

You may not register and make bids under a false name or with an invalid credit card. Such fraudulent conduct is a violation of Kenyan laws. Fraudulent bidders may be reported to relevant Local law 
enforcement agencies and Bid Pesa will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

A winning bidder may not resell any product or service obtained through the Site and Services without prior written consent from Bid Pesa. Moreover, a user may not use the products to create any investment scheme, commodities contract or pool or otherwise to use Bid Pesa as a product delivery mechanism for a brokered or 'middleman' agreement or obligation. If it is discovered that a user is, in fact, reselling products obtained from Bid Pesa, we reserve the right to suspend the account without further notice, voiding all auctions in which the user has participated. Additionally, the user may be required to compensate Bid Pesa for any damages.

No user may permit or assist others to use Bid Pesa's Site/Services for any purpose other than that for which they are intended. A user shall not permit or assist others to abuse or fraudulently use the 
Bid Pesa Site/Services, including but not limited to the following:

Obtaining or attempting to obtain service by any fraudulent means or device with intent to avoid payment;
Accessing, altering, or destroying any information of another Bid Pesa user by any fraudulent means or device, or attempting so do so; or
Using Services so as to interfere with the use of Bid Pesa network by other users or authorized users, intentionally or not; or in violation of the law or in aid of any unlawful act.
Each user acknowledges that Bid Pesa's network may only be used for lawful purposes. Bid Pesa reserves the right to monitor all network activity. While using Bid Pesa, each user agrees to refrain from the following prohibited acts:

Maintaining more than one account or maintaining control or influence over more than one account;
Infringing upon the intellectual property of Bid Pesa, establishing a competing site or otherwise copying or using the data on the Site for any reason other than bidding on products for the bidder's own use;
Manipulate the bidding process by placing fictitious bids, colluding with other parties to create the illusion of volume ('marking the close' or 'painting the tape'), or engaging in any other disingenuous or 
fraudulent activity that undermines the integrity of the online market; breach Bid Pesa's policies stated herein; fail to pay for items purchased; post or upload content that belongs to others; post false, inaccurate, misleading, defamatory, or libellous content; transfer a user's Bid Pesa account and user ID to another party without Bid Pesa's consent; copy, modify, or distribute rights or content from Bid Pesa's Site; Attempt to harvest or otherwise collect information about users, including email addresses; Attempt to upload or download any computer virus; Attempt to transmit via email any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of email solicitation to other users; Attempt to communicate with other users to promote or provide instructional information about illegal activities, promote physical harm or injury against any users. View and/or download or upload pornographic pictures or stories. Attempt to attack other people's internet connections, Web Sites or computers, or damage or deface anyone else's Web Site.

Collusion/Team Play.

Any kind of collusion or team play is strictly forbidden on Bid Pesa. By definition, this includes, but is not limited to, two or more members working together as a team, or creating the impression that 
there are more people involved and competing to win an auction than there actually are, or placing bids until Buy it Now offers are earned and then switching over to another account to continue to earn 
further Buy it Now offers on the same deal.

Bid Pesa does not allow two members that know each other to participate in the same auction. Two members participating in the auction are by definition engaging in team play, and automatically lose their 
right to purchase the Deal or receive any of their spent bids back.

We reserve the right to disqualify, in our absolute discretion, any users we suspect to be working in a team by voiding all their wins and freezing their accounts. No funds or bids will be returned or
transferred into other accounts. If a user is found to have violated the Terms of use, any free bids provided to them and used, including those provided in the past must immediately be paid for by user at 
their current selling price.

Passwords; Equipment.

You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password on this Site. Your password may be used only to access and use the 
Services. If your password is compromised or otherwise disclosed, you must change your password in order to minimize your risk of loss. You are responsible for providing and maintaining all equipment 
necessary to use Bid Pesa's Services, including, without limitation, computer hardware and software, modems, and telephone service. Further, you are solely responsible for (a) maintaining the security of 
your personal information, including, without limitation, account and login information, passwords, and financial information; (b) all telephone and toll charges which may apply to your account depending on 
your location; and (c) any other charges resulting from the use of your account.

Investigation of Violations.

We may investigate any reported violation of these terms or our policies or guidelines, or any complaints and take any action that we deem appropriate and reasonable under the circumstance to protect our 
systems, facilities, users and/or third parties. Our actions may include, but are not limited to, issuing warnings, suspension or termination of the Services, and/or removal of or disabling access to content 
hosted on Bid Pesa's systems. We reserve the right and have absolute discretion to remove or disable access, screen or edit any content that violates these provisions or is otherwise objectionable. Bid Pesa 
also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials.


By accepting these terms and submitting any information or materials to Bid Pesa ("Licensed Materials"), you hereby grant us a non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable right to 
exercise all copyright and rights of publicity over the Licensed Materials, in any existing or future media, known or unknown and to use and reproduce the Licensed Materials as is necessary to provide the 
Services. Bid Pesa grants you a limited license to make personal use only of the Site and the Services. This grant does not include, without limitation: (a) any resale or commercial use of the Site or 
Services, (b) the collection and use of any e-mail or user information, ratings or listings; (c) making derivative uses of the Si