Terms of Service

These terms explain the rules for using Brandmark Atlas. Please read them. If you do not agree, please do not use Atlas.

1. Who we are and what Atlas is

Atlas is operated by Brandmark Systems Limited (“Brandmark”, “we”, “us”), of Aya House, Kenyatta Street, 1st Floor, Room 5, Eldoret, Kenya.

Atlas is an information service. It collects details of products, services and prices offered by other businesses, and estimates what each would cost delivered in Kenya, including shipping, import duty, levies and VAT. It helps you compare and decide.

2. Accepting these terms

By using Atlas you agree to these terms and to our Privacy Policy, Disclaimer and Legal notices. You must be at least 18 years old, or have a parent or guardian who agrees on your behalf. If you use Atlas for a business, you confirm you have authority to bind that business.

3. Using Atlas

We give you a personal, non-exclusive, non-transferable and revocable permission to view Atlas and use its tools for your own lawful comparison and planning, including for your own business purchasing decisions. You may share links to Atlas pages.

4. Acceptable use

When you use Atlas you must not:

• break any law, including Kenya’s Computer Misuse and Cybercrimes Act, 2018, or help anyone else to;
• copy, scrape, harvest or republish Atlas’s data, estimates or design in bulk, or use automated tools to access Atlas in a way that burdens it, without our written permission;
• try to break, probe, overload or gain unauthorised access to Atlas, its servers or its data, or introduce malware;
• send forms with false, misleading, abusive or unlawful content, or send other people’s personal details without their permission;
• pretend to be another person or business, or misuse Atlas to mislead others about prices, origin or authenticity;
• use Atlas to sell, promote or move goods that are illegal, counterfeit, stolen, unsafe or restricted.

5. Estimates and listings

Prices, shipping costs, duty, levies, taxes and delivery times on Atlas are estimates, worked out from information we hold and rates we set. They are not quotes, offers or guarantees, and what you actually pay may be different. Listings marked “Illustrative” are examples. Listings marked “Verified” were checked against their source on the date shown, and may have changed since. Please read our Disclaimer, which forms part of these terms. You decide whether to rely on an estimate, and you should confirm important figures with the seller, your carrier and a licensed clearing agent or Kenya Revenue Authority before you buy.

6. Sellers and third-party sites

Atlas links to websites, sellers and services we do not own or control. Any purchase or agreement is between you and that seller. We do not endorse them and are not responsible for their products, prices, descriptions, delivery, refunds, privacy practices or content. Their own terms apply when you use them. Some links may earn us a commission, as explained in our Legal notices.

7. What you send us

You may send us listing suggestions, price reports, messages and other material (“Contributions”) through our forms or WhatsApp. By sending a Contribution you confirm that:

• it is accurate to the best of your knowledge and you have the right to send it;
• it does not infringe anyone’s rights or break the law; and
• it does not contain personal details of other people unless they agreed.

You keep ownership of your Contributions. You give us a worldwide, royalty-free, non-exclusive licence to use, store, check, edit, combine with other data (including turning price reports into anonymous figures), and publish the facts in them, to run and improve Atlas. We may reject or remove any Contribution at our discretion. We will not publish your contact details. We do not pay for Contributions.

8. Our content and brand

Atlas’s software, design, text, estimates, compilation of data and the Brandmark name and logo belong to us or our licensors and are protected by law. Except as these terms allow, you may not copy, adapt, sell or exploit them. Product names, brands and logos shown on Atlas belong to their owners and appear only to identify products. They do not suggest sponsorship or endorsement. To report a concern about content, see Legal notices.

9. Availability and changes

We try to keep Atlas running and accurate, but we provide it “as available”. We may change, pause or stop any part of Atlas, its data or its features at any time, and Atlas may be unavailable for maintenance or reasons outside our control, including problems with internet, hosting or data providers.

10. Our responsibility to you

Atlas is provided free, and as a guide only. To the fullest extent the law allows:

• we give no promise that Atlas, its estimates or its listings are accurate, complete, current or suitable for your purpose;
• we are not liable for losses arising from decisions you make using Atlas, including paying more or less than estimated, customs charges, delays, seized or refused goods, or dealings with sellers and carriers;
• we are not liable for indirect or consequential loss, or for loss of profit, business, opportunity or data; and
• our total liability to you for anything connected with Atlas is limited to KES 10,000.

Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for fraud, or for death or personal injury caused by negligence, or any right you have as a consumer under Kenyan law that cannot be waived.

11. Your responsibility to us

You are responsible for making sure that anything you import is legal and that you hold any licence, permit or approval needed, and for paying all duties, taxes and charges that apply. If you break these terms and we suffer loss because of it, you agree to compensate us for that loss to the extent the law allows.

12. Privacy

Our Privacy Policy explains what personal information we collect and how we use it. It forms part of these terms.

13. Suspending or ending access

We may suspend or end your access to Atlas, or block a form submission, if we reasonably believe you have broken these terms or the law, or if we need to protect Atlas or other people. You may stop using Atlas at any time.

14. Changes to these terms

We may update these terms from time to time. We will change the “last updated” date at the top and, for important changes, we will put a notice on Atlas. If you keep using Atlas after a change takes effect, you accept the updated terms. These terms came into effect on 10 October 2026.

15. Governing law and disputes

These terms are governed by the laws of Kenya. If you have a complaint, please contact us first through our Contact page or email, and give us a reasonable chance, at least 30 days, to put it right. If we cannot resolve it, the courts of Kenya have jurisdiction, except that nothing here removes any right you have to go to a court or regulator that the law gives you.

16. General

• Whole agreement. These terms, with the documents they refer to, are the whole agreement between you and us about Atlas.
• If part is invalid. If any part of these terms is found unenforceable, the rest stays in force.
• No waiver. If we do not enforce a right straight away, we have not given it up.
• Transfer. You may not transfer your rights under these terms. We may transfer ours to a successor of our business.
• Notices. We may give you notice by posting it on Atlas or emailing the address you gave us. You may give us notice by email to the address below.
• Language. These terms are written in English, and the English version controls.

17. Contact

Brandmark Systems Limited
Aya House, Kenyatta Street, 1st Floor, Room 5, Eldoret, Kenya
Email: info@brandmarkenya.com
Or use the Contact page.