These Terms and Conditions govern your access to and use of the Mosmos platform and services provided by Asenatech Limited. By accessing or using Mosmos, creating a Booking, or making a payment through Mosmos, you agree to be bound by these Terms and Conditions.

1. Definitions

“Mosmos Marketplace” refers to our online platform where customers can browse, purchase, and pay for products from Partner Merchants.

“Mosmos Business” refers to our service where customers are introduced by or transact directly through our Partner Merchants, either in-store or online.

“Partner Merchant” means a merchant or other business participating in the Mosmos platform and offering products or services to customers.

“Booking” means a customer’s commitment to purchase an identified product or service through Mosmos by making advance or part-payments toward the applicable purchase price before fulfillment.

“Booking Payment” means an advance or part-payment made by a customer toward the purchase price of the specific product or service identified in a Booking.

“Booking Value” means the total purchase price applicable to the product or service identified in a Booking at the relevant time.

“Platform” means the Mosmos website, mobile application, USSD service and any other digital channel operated by Asenatech Limited through which Mosmos services are provided.

“We”, “Us”, “Our” and “Mosmos” refer to Asenatech Limited.

“You”, “Your”, “User” and “Customer” refer to any person accessing or using Mosmos.

2. Eligibility

To use Mosmos, you must:

  • Be at least 18 years old;
  • Have the legal capacity to enter into a binding agreement;
  • Provide accurate, complete and current information during registration and when creating a Booking; and
  • Comply with these Terms and all applicable laws and regulations.

Mosmos reserves the right to verify customer information and restrict or terminate access where information provided is false, misleading or incomplete.

3. Account Registration and Security

Customers may be required to create an account to access certain Mosmos services.

You are responsible for:

  • Maintaining the confidentiality of your login credentials;
  • Ensuring that information associated with your account remains accurate and current; and
  • All activities undertaken through your account unless you have notified Mosmos of unauthorized access.

You must notify Mosmos promptly if you suspect unauthorized access to or use of your account.

Mosmos may suspend access to an account where we reasonably suspect fraud, unauthorized activity or a breach of these Terms.

4. Pricing and Payments

4.1 Booking Payments

When creating a Booking, the customer identifies a specific product or service and may make payments progressively toward its applicable purchase price.

Each Booking Payment constitutes an advance or part-payment toward the purchase price of the specific product or service identified in the Booking.

Booking Payments are made for the purpose of completing the identified purchase and do not earn interest.

A product will only be released, collected or delivered once the applicable purchase price has been paid in full, unless expressly provided otherwise under a separate payment or financing arrangement.

4.2 Payment Channels

Payments must be made through payment channels approved and communicated by Mosmos.

Mosmos may make available payment methods including M-PESA, card payments, bank transfers and such other approved channels as may be introduced from time to time.

Customers are responsible for using the correct Booking or account reference when making payments.

4.3 Pricing

All prices displayed on Mosmos are subject to change without prior notice unless expressly stated otherwise.

Prices are not reserved or fixed until full payment has been successfully completed, except where Mosmos or the applicable Partner Merchant expressly provides price protection or reservation for a particular Booking, promotion or offer.

Where a Booking is created during a promotional period but is not completed within the applicable promotional period, the Booking may be subject to the prevailing price unless expressly stated otherwise.

Where the price of a product changes during an active Booking, Mosmos will communicate the applicable updated price and outstanding amount to the customer.

4.4 Mosmos Business Customers

Where a customer transacts through a Mosmos Business Partner Merchant, whether in-store or online, these pricing and payment rules shall apply unless expressly stated otherwise.

Any agreed partial-payment arrangement must comply with these Terms.

5. Order Cancellations and Refunds

5.1 Customer Cancellations

Customers may request cancellation of an active Booking through the available Mosmos channels.

All product cancellations are subject to a cancellation fee equivalent to 3% of the total Booking Value, irrespective of the amount paid by the customer toward the Booking at the time of cancellation.

The cancellation fee will be deducted from amounts already paid by the customer.

Where the amount paid is less than the applicable cancellation fee, the refundable amount shall be reduced to zero. Unless otherwise expressly agreed, Mosmos will not require the customer to separately pay the difference solely in respect of the cancellation fee.

5.2 Product Changes and Downgrades

A customer may request to change the product associated with an active Booking, subject to availability and applicable Mosmos procedures.

Downgrading a Booking from a higher-value product to a lower-value product will attract a fee equivalent to 1.5%, calculated in accordance with the applicable product-change terms communicated by Mosmos.

Any amount transferred following a product change shall be applied toward the specifically identified replacement product.

5.3 Refunds

Where a Booking is cancelled, the refundable amount shall consist of Booking Payments made by the customer less applicable cancellation, administrative or other agreed fees.

Refunds will be made to the original payment method used or, where this is not reasonably possible, another verified payment method belonging to the customer.

Refunds are processed within 48 working hours, Monday to Friday excluding public holidays, following approval.

Where a delay occurs because of a third-party bank, mobile-money provider, card processor or other payment system, Mosmos will notify the customer and take reasonable steps to facilitate completion of the refund.

6. Product Ownership, Collection and Delivery

Ownership of a product passes to the customer once:

  1. The applicable purchase price has been paid in full; and
  2. The product has been collected by or delivered to the customer.

Until these conditions have been satisfied, the customer does not acquire ownership of the product merely by making a Booking Payment.

Collection or delivery arrangements may vary depending on the Partner Merchant and product.

Customers are responsible for providing accurate delivery and contact information.

Mosmos and/or the applicable Partner Merchant may require reasonable identification or verification before releasing a fully paid product.

7. Product Availability

Products displayed through Mosmos are subject to availability.

Partner Merchants are responsible for providing accurate product, pricing and stock information.

Where a product becomes unavailable before completion of a Booking, Mosmos may, in consultation with the customer:

  • Facilitate a replacement with another identified product;
  • Apply the customer’s Booking Payments toward another identified product selected by the customer; or
  • Cancel the Booking and process the applicable refund.

Where Mosmos or a Partner Merchant has expressly reserved a product or provided stock protection for a Booking, the terms of that reservation or protection shall apply.

8. Product Information and Warranties

Product descriptions, specifications, images and other information displayed through Mosmos are provided for informational purposes and may originate from Partner Merchants, manufacturers or distributors.

Customers should review the applicable product specifications before creating a Booking.

Manufacturer or Partner Merchant warranties shall apply where applicable.

Unless Mosmos is expressly identified as the seller of a product, product warranties, repairs, replacements and after-sales obligations remain subject to the applicable Partner Merchant’s and/or manufacturer’s terms.

Nothing in these Terms limits any rights available to a customer under applicable Kenyan consumer-protection law.

9. Customer Responsibilities

Customers agree to:

  • Provide accurate and current information;
  • Use Mosmos only for lawful purposes;
  • Make payments using approved channels;
  • Use the correct Booking reference when making payments;
  • Review Booking details before confirming transactions;
  • Keep account and authentication information secure;
  • Notify Mosmos promptly of unauthorized transactions or account access; and
  • Comply with these Terms and applicable law.

Customers must not use Mosmos to facilitate fraud, money laundering, identity theft or any other unlawful activity.

10. Data Protection and Privacy

Mosmos collects, processes and stores personal information in accordance with applicable Kenyan data-protection laws, including the Data Protection Act, 2019.

Customer information may be processed for purposes including:

  • Account creation and management;
  • Booking administration;
  • Payment processing and reconciliation;
  • Customer communication;
  • Product fulfilment;
  • Fraud prevention and security;
  • Customer support;
  • Regulatory and legal compliance; and
  • Improving Mosmos services.

Where necessary to provide the service, information may be shared with Partner Merchants, payment providers, financial institutions, technology providers and other authorized service providers, subject to applicable data-protection requirements.

Further information regarding the collection and processing of personal information is contained in the Mosmos Privacy Policy.

11. Booking Status: Unserviced and Dormant

11.1 Unserviced Bookings

A Booking may be classified as “Unserviced” where no Booking Payment or other qualifying activity relating to the Booking has occurred for a period of up to twelve (12) months.

During this period, the customer may:

  • Continue making Booking Payments toward the identified product;
  • Switch the Booking to another identified product available through Mosmos; or
  • Cancel the Booking and request a refund in accordance with these Terms.

Where a customer switches products, amounts already paid shall be applied as advance or part-payment toward the specifically identified replacement product.

Amounts transferred from one Booking to another shall remain allocated to an identified product or service.

11.2 Dormant Bookings

On the 12th month and 1st day of inactivity, a Booking may be classified as “Dormant.”

Before a Booking is terminated, Mosmos will provide the customer with reasonable notice through SMS and/or other contact details associated with the customer’s account, giving the customer an opportunity to service, switch or cancel the Booking.

Mosmos may thereafter terminate a Dormant Booking and apply a flat Administrative Fee of KES 200, or the total amount paid toward the Booking where that amount is less than KES 200, to cover reasonable administrative, data-management and communication costs associated with maintaining the inactive Booking.

Following termination, any remaining refundable amount shall be refunded to the customer through the original payment method or another verified payment method belonging to the customer where necessary.

Alternatively, before termination, the customer may elect to switch to another identified product, in which case the applicable amount shall be applied as advance or part-payment toward the replacement product.

11.3 Prevention of Dormancy

Customers may prevent a Booking from becoming Dormant by:

  • Making a Booking Payment;
  • Switching to another identified product;
  • Cancelling the Booking; or
  • Otherwise resolving the Booking through the Mosmos Platform or official customer-support channels.

Mosmos may communicate with customers before a Booking becomes Dormant using the contact details associated with the customer’s account.

12. Limitation of Liability

Mosmos will take reasonable steps to ensure that the Platform and services are available, secure and accurately administered.

However, Mosmos shall not be liable for interruptions, delays or failures caused by circumstances reasonably beyond its control, including failures affecting telecommunications networks, mobile-money services, banking systems, card networks, internet services or third-party technology providers.

Where Mosmos acts as an intermediary between a customer and a Partner Merchant, Mosmos shall not be responsible for acts or omissions of the Partner Merchant except to the extent that liability arises directly from Mosmos’s own acts or omissions or where applicable law provides otherwise.

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

13. Changes to These Terms

Mosmos may amend these Terms from time to time to reflect changes to its services, business operations, applicable laws or regulatory requirements.

Material changes will be communicated through the Platform or other appropriate communication channels.

Unless otherwise required by law, changes shall become effective from the date stated in the relevant notice.

Changes shall not retrospectively alter completed transactions or accrued customer rights except where required by law or expressly agreed with the customer.

Continued use of Mosmos following the effective date of updated Terms constitutes acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Kenya.

Where a dispute arises, the customer and Mosmos shall first attempt to resolve the matter through good-faith communication and negotiation.

Where the dispute cannot be resolved directly, either party may pursue any dispute-resolution mechanism or remedy available under Kenyan law.

Nothing in these Terms limits a customer’s right to seek relief from a competent court, regulator or other authority where applicable

15. Contact Us

For questions, complaints, cancellations, refunds or other matters relating to a Booking or the Mosmos Platform, customers may contact Mosmos through the official contact details published on the Mosmos website, application or other official Mosmos channels.

Customers should quote their Booking reference when contacting Mosmos regarding a specific Booking.

Email: support[at]mosmos.africa

16. Acceptance of Terms

By registering for Mosmos, creating a Booking, making a Booking Payment or otherwise using the Platform, you acknowledge that you have read, understood and agreed to these Terms and Conditions.

These Terms, together with any applicable Booking-specific terms, Privacy Policy and other policies expressly incorporated by reference, constitute the agreement governing your use of the applicable Mosmos services.