Terms and Conditions

Introduction

Welcome to Kenol Marketplace, a digital agricultural marketplace platform developed and operated by Bengamu Tech Ltd, a company incorporated in Kenya with its principal place of business in Kenol, Murang'a County.

Kenol Marketplace operates as a technology-enabled intermediary platform — available as a mobile application and web application — that connects farmers, smallholder agricultural producers, and other suppliers directly with consumers, businesses, retailers, wholesalers, and institutions seeking fresh agricultural produce and goods.

These Terms and Conditions ("Terms") govern your access to and use of the Kenol Marketplace platform, including all related mobile applications, websites, APIs, features, content, and services (collectively, the "Platform"). These Terms constitute a legally binding agreement between you ("User") and Bengamu Tech Ltd ("Company", "we", "us", or "our").

Definitions

For the purposes of these Terms, the following definitions apply:

Acceptance of Terms

By downloading, installing, accessing, or using the Platform in any manner, you confirm that:

• You have read and understood these Terms in full.
• You agree to be legally bound by these Terms and any future modifications published on the Platform.
• If you are registering on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms.

These Terms apply in addition to any supplemental agreements, policies, or guidelines published on the Platform, including our Privacy Policy, Supplier Agreement, and Delivery Policy, which are incorporated herein by reference.

Eligibility

To register for and use the Platform, you must meet the following requirements:

• You must be at least 18 years of age, or have the consent and supervision of a parent or legal guardian.
• You must hold a valid Kenyan phone number linked to a registered M-Pesa account for payment purposes.
• You must not be barred or prohibited from entering into contracts under Kenyan law.
• Your account must not have been previously suspended or permanently terminated by the Company for breach of these Terms.
• Suppliers must hold any required business permits, licences, or certifications required by Kenyan law for the sale of food or agricultural produce.

The Company reserves the right to request identity verification documents at any time and to suspend accounts that do not meet eligibility requirements.

User Accounts

5.1 Registration

Users must register an account before placing orders or creating listings. During registration, you are required to provide accurate, current, and complete information including your full name, phone number, and location. Suppliers must additionally provide business details and produce categories.

5.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you suspect any unauthorised access to your account.

5.3 Account Accuracy

You agree to keep your account information up to date at all times. The Company is not responsible for any losses or disputes arising from inaccurate account information, including incorrect delivery addresses, phone numbers, or bank details.

5.4 One Account Per User

Each individual or business entity is permitted one active account on the Platform. Creating duplicate or fraudulent accounts is strictly prohibited and will result in immediate suspension.

5.5 Account Types

The Platform offers the following account types: Consumer / Buyer Account, Supplier / Farmer Account, and Business Account (for retailers, wholesalers, hospitality providers, and institutions). Suppliers and Business Accounts may be subject to additional verification and onboarding requirements.

Platform Role

The Company's role is limited to:

• Providing and maintaining the technology infrastructure connecting Buyers and Suppliers.
• Processing payments and temporarily holding funds during the Escrow Period.
• Coordinating delivery logistics through third-party Delivery Partners.
• Offering optional value-added services such as cold storage and premium listings.
• Providing customer support and dispute facilitation.

The Company does not guarantee the quality, safety, legality, accuracy, or availability of any product listed on the Platform. All representations and warranties regarding listed produce rest solely with the Supplier. By using the Platform, you acknowledge and accept the Company's role as an intermediary and not as a seller or guarantor of goods.

User Responsibilities

7.1 Responsibilities of All Users

• Use the Platform only for lawful purposes in accordance with Kenyan law.
• Provide truthful and accurate information at all times.
• Treat all other Users, Delivery Partners, and Company staff with respect and professionalism.
• Not interfere with, disrupt, or damage the Platform or its underlying infrastructure.
• Not attempt to circumvent the Platform to conduct off-platform transactions in order to avoid fees or protections.

7.2 Responsibilities of Suppliers / Farmers

• Ensure that all listed products are accurately described, legally permissible to sell, and safe for consumption.
• Maintain produce quality and freshness consistent with the representations made in their listings.
• Honour confirmed orders promptly and communicate proactively about availability issues.
• Hold all required licences and permits for the sale of food and agricultural produce in Kenya.
• Pack produce safely and appropriately for the intended delivery method.
• Not list products that are counterfeit, adulterated, expired, or otherwise unfit for sale.

7.3 Responsibilities of Buyers / Consumers

• Provide accurate delivery addresses and remain accessible during the delivery window.
• Make timely and legitimate payment via M-Pesa upon placing an order.
• Confirm delivery honestly upon receiving their order. False delivery confirmations or non-confirmations are a breach of these Terms.
• Raise disputes through the Platform's official dispute resolution process, not through chargebacks or informal pressure on Suppliers.

Product Listings and Accuracy

Suppliers are solely responsible for the accuracy, completeness, and legality of their product listings. All listings must include:

• A clear and accurate description of the produce or product.
• Accurate pricing in Kenyan Shillings (KES).
• Honest representation of quantity, weight, grade, or size.
• Representative photographs that accurately reflect the product being sold.
• Correct availability and harvest/production dates where relevant.

The Company reserves the right to review, moderate, suspend, or remove any listing that it reasonably believes to be inaccurate, misleading, illegal, or in violation of these Terms, without prior notice to the Supplier.

The Company may, at its discretion, introduce AI-assisted product image verification to validate listings. Suppliers consent to having their listing images processed for quality assurance purposes.

Orders and Payments

9.1 Order Placement

A Buyer places an order by selecting products from a Supplier's listing and proceeding through the Platform's checkout process. An order is confirmed only upon successful payment via M-Pesa. The Supplier receives an order notification and is expected to accept or decline within the timeframe specified on the Platform.

9.2 Payment Method

All payments on the Platform are currently processed via M-Pesa, Safaricom's mobile money service. Buyers must have a registered and active M-Pesa account linked to the phone number on their Kenol Marketplace account. Payment is required in full at the time of order placement.

9.3 Escrow-Style Payment Holding

Upon successful payment by a Buyer, the funds are received and temporarily held by the Company on behalf of the transaction parties during the Escrow Period. Funds are not immediately transferred to the Supplier. The purpose of this holding is to protect both parties during the delivery process.

Funds are released to the Supplier (less the applicable commission) upon either:

• The Buyer confirming successful delivery through the Platform; or
• Automatic confirmation after the delivery window expires without a reported dispute, as specified in the Platform's delivery confirmation policy.

9.4 Payment Failures

If a payment fails, is reversed, or is not completed within the specified window, the order will not be confirmed and the Supplier will not be obligated to fulfil it. The Company is not liable for M-Pesa service downtime or network failures affecting payment processing.

Pricing and Commission

10.1 Supplier Pricing

Suppliers set their own prices for listed products. All prices must be displayed in Kenyan Shillings (KES) and must include any applicable taxes. The Company does not dictate or regulate Supplier pricing, but reserves the right to flag listings with prices it reasonably deems misleading or exploitative.

10.2 Delivery Fees

Delivery fees are charged separately to the Buyer and are calculated based on distance, delivery zone, and logistics partner rates. Delivery fees are clearly displayed to the Buyer before order confirmation. Delivery fees are passed through to the relevant Delivery Partner and are not subject to the platform commission.

10.3 Premium and Subscription Listings

The Platform may offer optional paid listing tiers, featured placement, or subscription packages for Suppliers. These are voluntary and will be subject to separate pricing schedules and terms communicated to Suppliers at the time of offering.

10.4 Cold Storage Fees

Where cold storage services are engaged by a Supplier, fees will be charged in accordance with the applicable cold storage fee schedule. See Section 13 for further details.

Delivery and Logistics

11.1 Third-Party Delivery Partners

Delivery services are fulfilled by independent third-party Delivery Partners, including motorcycle couriers (boda boda riders) and other logistics providers. These Delivery Partners are not employees or agents of Bengamu Tech Ltd.

11.2 Delivery Windows

Estimated delivery times are communicated at the time of order confirmation and are indicative only. Actual delivery times may vary due to weather, traffic, Delivery Partner availability, or other external factors beyond the Company's control.

11.3 Delivery Confirmation

Upon receipt of an order, the Buyer is required to confirm delivery through the Platform within the specified timeframe. If the Buyer does not confirm or dispute delivery within this window, the order may be automatically marked as delivered and payment released to the Supplier.

11.4 Failed Deliveries

If a delivery cannot be completed due to an incorrect address, the Buyer being unreachable, or other Buyer-related reasons, the Company reserves the right to charge the Buyer for the failed delivery attempt. In such cases, refund eligibility will be assessed on a case-by-case basis.

Refunds and Dispute Resolution

12.1 Refund Eligibility

A Buyer may be entitled to a full or partial refund in the following circumstances:

• The order was not fulfilled by the Supplier within the agreed timeframe.
• The delivered product is significantly different from the listing description.
• The delivered product is visibly spoiled, contaminated, or otherwise unfit for consumption upon delivery.
• Delivery was not attempted and the Buyer was available at the specified address.

Refund requests must be raised through the Platform within 24 hours of the scheduled delivery time, accompanied by photographic evidence where relevant.

12.2 Non-Refundable Circumstances

• The Buyer has already confirmed delivery on the Platform.
• The dispute is raised after the 24-hour window has elapsed without valid reason.
• The issue relates to personal taste preferences rather than product inaccuracy.
• The Buyer provided an incorrect delivery address.

12.3 Dispute Resolution Process

All disputes must be submitted through the Platform's official dispute channel. The Company will review the evidence from both parties and issue a determination within 5 working days. The Company's decision on refunds shall be final for transactions below KES 10,000. For higher-value disputes, parties may escalate to formal mediation or the relevant legal process under Kenyan law.

12.4 Chargebacks

Buyers are prohibited from initiating chargebacks or reversals through M-Pesa or their bank without first exhausting the Platform's dispute resolution process. Unjustified chargebacks will result in account suspension and may attract legal action.

Cold Storage Services

Where the Platform offers cold storage facilities, Suppliers may opt to store perishable produce at a designated facility managed by or on behalf of the Company. The following terms apply to cold storage services:

• Cold storage is an optional, fee-based service charged per unit per day or as otherwise specified in the applicable fee schedule.
• Suppliers are responsible for ensuring that produce placed into cold storage is in acceptable condition at the point of intake.
• The Company will take reasonable precautions to maintain appropriate storage conditions, but does not guarantee against losses due to equipment failure, power outages, or events beyond its reasonable control.
• Produce stored beyond the agreed period without renewal of storage fees may be removed and disposed of by the Company after reasonable notice to the Supplier.
• The Company's liability for produce lost or damaged in cold storage is limited to the declared value of the produce at intake, subject to the Limitation of Liability provisions in Section 16.

Prohibited Activities

The following activities are strictly prohibited on the Platform and constitute a serious breach of these Terms:

• Listing, selling, or attempting to sell counterfeit, adulterated, contaminated, expired, or illegally obtained produce or goods.
• Providing false, misleading, or fraudulent information in your account, listings, or communications.
• Conducting transactions outside the Platform to circumvent fees, protections, or accountability.
• Manipulating reviews, ratings, or feedback through fake or incentivised submissions.
• Using the Platform to engage in any form of money laundering, financial fraud, or deceptive trade practice.
• Impersonating another User, the Company, or any other person or entity.
• Attempting to access, scrape, or copy Platform data or source code without authorisation.
• Introducing malware, viruses, or harmful code to the Platform or its infrastructure.
• Harassing, threatening, or abusing other Users, Delivery Partners, or Company staff.
• Using the Platform to distribute spam, unsolicited marketing, or commercial communications unrelated to legitimate transactions.
• Violating any applicable Kenyan law or regulation, including the Competition Act, Consumer Protection Act, or Food, Drugs and Chemical Substances Act.

Violations will result in immediate account suspension, withholding of pending funds pending investigation, and may be referred to relevant Kenyan authorities.

Intellectual Property

All intellectual property rights in the Platform, including but not limited to the Kenol Marketplace name, logo, software, user interface, design, and documentation, are owned by or licensed to Bengamu Tech Ltd. Nothing in these Terms grants you any right, title, or licence to the Company's intellectual property.

By submitting content to the Platform — including product listings, images, descriptions, and reviews — you grant the Company a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and promote such content for the purposes of operating and marketing the Platform.

You represent and warrant that you own or have the right to use all content you submit, and that such content does not infringe the intellectual property rights of any third party.

Limitation of Liability

To the fullest extent permitted by Kenyan law, Bengamu Tech Ltd and its directors, officers, employees, and agents shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Platform.
• Any loss or damage to goods in transit caused by third-party Delivery Partners.
• Food safety incidents, illness, or injury resulting from produce purchased through the Platform. Responsibility for food quality and safety rests with the Supplier.
• Losses arising from M-Pesa service interruptions, payment failures, or telecommunications outages.
• Any unauthorised access to your account resulting from your failure to maintain account security.
• Any dispute between a Buyer and Supplier that cannot be resolved through the Platform's dispute process.
• Loss of business, profit, goodwill, or data.

Where liability cannot be entirely excluded by law, the Company's total liability in respect of any claim shall not exceed the value of the specific transaction giving rise to that claim.

Indemnification

You agree to indemnify, defend, and hold harmless Bengamu Tech Ltd and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of or access to the Platform in violation of these Terms.
• Any product or service you list, sell, or deliver through the Platform.
• Your infringement of any third-party rights, including intellectual property, privacy, or consumer rights.
• Any false, misleading, or fraudulent information you provide on the Platform.
• Any violation of applicable Kenyan law in connection with your use of the Platform.

Termination of Accounts

18.1 Termination by You

You may close your account at any time by contacting our support team or using the account deletion feature in the Platform settings. Upon closure, pending transactions must be completed or resolved before the account can be fully deactivated. Outstanding balances owed to you will be paid out subject to verification.

18.2 Termination by the Company

The Company reserves the right to suspend or permanently terminate your account, with or without notice, in cases including but not limited to:

• Breach of any provision of these Terms.
• Suspected fraudulent, abusive, or illegal activity.
• Failure to comply with a verification or compliance request.
• Extended account inactivity as defined in the Platform's inactivity policy.

18.3 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Active listings will be removed. Pending funds subject to legitimate claims will be processed and paid out or refunded in accordance with the Company's decision. The Company is not liable for any loss resulting from the lawful termination of an account.

Privacy Policy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, store, and protect your personal data in compliance with the Kenya Data Protection Act 2019.

By accepting these Terms, you also acknowledge and consent to the data practices described in the Privacy Policy. We encourage you to read the Privacy Policy carefully before using the Platform.

Modifications to Terms

The Company reserves the right to modify, update, or replace these Terms at any time. Where changes are material, we will provide at least 14 days' advance notice via in-app notification, SMS to your registered phone number, or email.

Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not accept the new Terms, you must stop using the Platform before the effective date of the changes.

The current version of these Terms will always be accessible on the Platform and at www.kenolmarketplace.com/terms.html.

Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya.

Any disputes that cannot be resolved through the Platform's internal dispute resolution process shall be subject to the exclusive jurisdiction of the courts of Kenya, with the parties agreeing to first attempt resolution through alternative dispute resolution (ADR) — including mediation facilitated by the Nairobi Centre for International Arbitration (NCIA) or another mutually agreed mediator — before pursuing litigation.

These Terms are intended to comply with the following Kenyan legislation, among others:

• The Kenya Data Protection Act, 2019
• The Consumer Protection Act, 2012
• The Computer Misuse and Cybercrimes Act, 2018
• The Kenya Information and Communications Act (Cap 411A)
• The Food, Drugs and Chemical Substances Act (Cap 254)
• The Business Registration Service Act, 2015

Contact Information

For any questions, complaints, or requests relating to these Terms or your use of the Platform, please contact us through any of the following channels: