Terms and Conditions

Last Updated: June 2026

Welcome to Hapa.ke (the "Website"). These Terms and Conditions ("Terms") govern your access to and use of Hapa.ke, including any content, functionality, and services offered on or through the platform. The Website is owned and operated by Project Sharaq for Africa.

By using this Website, you explicitly agree to accept, comply with, and be bound by all the terms and conditions written herein. If you disagree with any part of these Terms, you must not access or use this Website.

1. The Nature of Our Service (Platform Only)

Hapa.ke operates strictly as an online marketplace, classifieds venue, and local business directory. Hapa.ke is not an auctioneer, seller, or broker of any goods or services listed on the site. We provide a digital space to connect independent buyers and sellers across Kenya and East Africa. We do not own, inspect, store, deliver, or guarantee any items or services advertised by users.

Any transaction, communication, or agreement formed between a buyer and a seller is strictly and exclusively between those two parties. Hapa.ke is not a party to, nor liable for, any transaction or dispute arising from user listings.

2. Complete Exclusion of Liability for User Transactions & Payments

Hapa.ke assumes absolutely zero financial or legal liability for transactions conducted between users. You interact with other users at your own independent risk.

• No Payment Mediation: Hapa.ke does not process, handle, or secure payments between buyers and sellers. We are not liable for any financial losses, including mobile money frauds (e.g., M-Pesa or Airtel Money scams) or fraudulent bank transfers.
• The "No Advance Deposit" Rule: We strongly advise users never to send deposit fees or commitment funds before physically inspecting the goods. If a user chooses to send money in advance, Hapa.ke cannot and will not recover those funds.
• Product Verification: Hapa.ke does not verify the quality, safety, legality, ownership, or operational condition of any items (including but not limited to refurbished smartphones, vehicles, real estate, or agricultural products).
  
  

3. Manual Admin Vetting & Fraud Disclaimer

While our dedicated administrative team manually reviews and vets submitted ads to maintain a high-quality, professional directory, our manual approval does not constitute a warranty or official verification of the seller’s identity, honesty, or commercial legality. We do our best to filter out duplicate posts, spam, and obvious scams, but we do not guarantee a 100% scam-free environment. Users must remain vigilant and perform due diligence during physical meetups.

4. User Accounts and Listing Restrictions

To post ads, you must register an account and maintain the confidentiality of your credentials. You are explicitly restricted from publishing any content that:

• Violates local laws and regulations enforced by the Republic of Kenya and East African regulatory bodies.
• Contains fraudulent information, counterfeit goods (e.g., fake smartphones or non-original tech parts), or stolen property.
• Infringes on any third-party intellectual property or copyright materials.
• Engages in unauthorized data scraping, data mining, or harvesting of user data from this Website.

Hapa.ke reserves the absolute, unilateral right to delete, suspend, or permanently ban any user account or listing at any time, for any reason, without notice or financial compensation.

5. Premium Services: Featured Ads and Bumping

Hapa.ke offers optional premium marketing features, including Featured Ads and Ad Bumping upgrades. All fees paid for premium visibility enhancements are 100% non-refundable. Hapa.ke does not guarantee a specific number of leads, replies, or completed sales resulting from a paid upgrade.

6. Limitation of Liability and Indemnification

In no event shall Hapa.ke, its parent company Project Sharaq for Africa, its directors, or its employees, be held liable for any direct, indirect, incidental, or consequential damages arising out of or in any way connected with your use of this Website.

You agree to fully indemnify and hold harmless Hapa.ke and its operators from and against any liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms.

7. Governing Law and Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Republic of Kenya. You submit to the non-exclusive jurisdiction of the state and federal courts located in Kenya for the resolution of any legal disputes.