1. About KDA Marketplace

KDA Marketplace (the “Service”), operating at https://kda.or.ke/marketplace/, is owned and operated by the Kenya Dental Association (“KDA”, “we”, “us”), a professional association registered in the Republic of Kenya, with offices at Fifth Avenue, Ngong Road, Nairobi.

The Service offers dental supplies, books, KDA branded merchandise, and related items for sale to the general public.

2. Acceptance of these Terms

By creating an account, browsing the catalogue, or placing an order on KDA Marketplace, you (“you”, the “Customer”) agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.

You confirm that you are at least 18 years old, or that you have the consent of a parent or guardian to use the Service.

3. Your Account

• You are responsible for keeping your sign-in credentials (email, PIN, OTP codes) confidential. Sign-ins from your account are presumed to be made by you.
• You must provide accurate, current, and complete information when registering, including a valid email address, phone number, and National ID or Passport number.
• You may close your account at any time by contacting the KDA secretariat. We may retain transaction records as required by Kenyan tax and accounting law.
• We reserve the right to suspend or terminate accounts that are inactive, that we reasonably suspect of fraud, or that breach these Terms.

4. Orders & Stock

• Item listings, prices, and stock quantities shown on the Service are subject to change without notice. Until your payment is received and confirmed, no contract of sale exists between you and KDA.
• If an item becomes unavailable after you place an order but before fulfilment, KDA may refund the affected line and complete the rest of your order, or refund the order in full at our discretion.
• VAT, where applicable, is calculated at the rate stated on the item listing (currently 16% under Kenyan law).

5. Payment

• Payments are processed by iPay, a third-party payment service provider regulated under Kenyan law. Supported methods include M-Pesa, Airtel Money, debit and credit cards, and direct bank transfer.
• KDA does not receive, store, or have access to your card numbers, PINs, or banking credentials. Those details are handled entirely by iPay and the originating financial institution.
• If a payment fails or is reversed, your order remains in awaiting payment status and any reserved stock is released after a reasonable hold period.
• All amounts are quoted in Kenyan Shillings (KES) unless explicitly stated.

6. Delivery & Pickup

• Pickup is offered at participating KDA branches at no charge. Items must be collected within the pickup window communicated by the branch; uncollected orders may be cancelled and the items returned to stock.
• Delivery is provided through third-party couriers. Delivery times and shipping fees are estimates and depend on courier availability and your address. Risk of loss passes to you on hand-over by the courier.
• Some items are marked pickup only and are not eligible for delivery.

7. Returns & Refunds

• Each item lists its own Returns policy on the item detail page. Where no policy is stated, returns are at KDA's discretion.
• For items received damaged, defective, or not as ordered, contact the KDA secretariat within 7 days of receipt. We will arrange a replacement or refund, including any reasonable return shipping cost.
• Refunds are issued back to the original payment method. Processing typically takes 5–10 business days depending on the gateway and your bank.

Note: The 7-day window above is a draft default. KDA legal and operations should confirm the final returns window and process before this clause goes live.

8. Prohibited Use

You agree not to:

• Use the Service for any unlawful purpose, including the resale of items in breach of Kenyan health or trade regulations;
• Attempt to gain unauthorised access to any account or part of the Service;
• Submit false, misleading, or stolen identity, payment, or contact information;
• Interfere with the operation of the Service through automated means (bots, scrapers, denial-of-service activity).

9. Privacy & Data Protection

We process the personal data you provide (name, email, phone, ID number, addresses, order history) in accordance with the Kenya Data Protection Act, 2019 for the following purposes:

• Operating your account, processing orders, and arranging delivery or pickup;
• Communicating order status, OTP codes, and service notifications;
• Complying with our tax, accounting, and legal obligations;
• Improving the Service.

We do not sell your personal data. We share it only with: (i) iPay, for processing payments; (ii) couriers, where you choose delivery; (iii) statutory authorities, where compelled by law. You have the right to access, correct, and (subject to legal retention) delete your data — contact the KDA secretariat to exercise these rights.

10. Limitation of Liability

The Service is provided “as is”. To the maximum extent permitted by Kenyan law, KDA's total liability to you for any claim arising out of or relating to the Service or any single order is limited to the amount you paid for the affected order.

KDA is not liable for indirect, incidental, or consequential losses, or for failures of third-party providers (iPay, couriers, telecommunications networks) that are outside our reasonable control.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by Kenyan law.

11. Changes to These Terms

We may update these Terms from time to time. The “Effective” date at the top of this page indicates when the current version took effect. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

12. Governing Law & Disputes

These Terms are governed by the laws of the Republic of Kenya. Any dispute arising out of or relating to these Terms or the Service shall first be addressed in good faith between you and the KDA secretariat. Unresolved disputes shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya.

13. Contact

Kenya Dental Association — Secretariat
Fifth Avenue, Ngong Road, Nairobi
Email: secretariat@kda.or.ke
Phone: +254 710 856 304  |  +254 717 607 652