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Terms of Service

Last updated: Jun 28, 2024, 9:27 AM

Agropests Solutions Terms and Conditions

1. Introduction

1.1 "Agropests" is the trading name for the Agropests Solutions. Agro-pests Solutions ("Agropests" or "we") operates an e-commerce platform consisting of a website for the sale and purchase of agro-inputs, together with supporting IT, logistics, and payment infrastructure, for the sale and purchase of agro-inputs.

1.2 These general terms and conditions shall apply to buyers on the Agropests marketplace and shall govern your use of the marketplace and related services.

1.3 By using our marketplace, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our marketplace.

1.4 If you use our marketplace in the course of a business or other organizational project, then by doing so, you confirm that you have obtained the necessary authority to agree to these general terms and conditions and bind both yourself and the person, company, or other legal entity that operates that business or organizational project to these general terms and conditions.

2. Registration and Account

2.1 You shall not register with our marketplace if you are under 18. By using our marketplace or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2.2 If you register for an account with our marketplace, you will be asked to provide an email and you agree to:

Keep your password confidential;

Notify your service provider you used to log in immediately in writing if you become aware of any disclosure of your password;

Be responsible for any activity on our marketplace arising out of any failure to keep your password confidential, and you acknowledge that you may be held liable for any losses arising out of such a failure.

2.3 Your account shall be used exclusively by you, and you shall not transfer your account to any third party.

2.4 We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation.

2.5 You may cancel your account on our marketplace by contacting us as provided at section 24.4 of this document.

 

3. Terms and Conditions of Sale

3.1 You acknowledge and agree that:

The marketplace provides an online location for sellers to sell agro-inputs and buyers to purchase agro-inputs.

We shall accept binding sales on behalf of sellers, but unless Agropests is indicated as the seller, Agropests is not a party to the transaction between the seller and the buyer.

A contract for the sale and purchase of an agro-input or agro-inputs will come into force between the buyer and seller upon the buyer’s confirmation of purchase via the marketplace.

3.2 Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller.

 

4. Returns and Refunds

4.1 Returns of agro-inputs by buyers and acceptance of returned agro-inputs by sellers shall be managed by us in accordance with the returns page on the marketplace, as may be amended from time to time.

4.2 Refunds in respect of returned agro-inputs shall be managed in accordance with the refunds page on the marketplace, as may be amended from time to time.

5. Payments

5.1 You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the marketplace.

6. Store Credit

6.1 Store credits may be earned and managed in accordance with the Agropests Store Credit Terms and Conditions, as may be amended from time to time.

7. Promotions

7.1 Promotions and competitions run by Agropests and/or other promoters shall be managed in accordance with the Promotions Terms and Conditions, where applicable.

8. Rules about Your Content

8.1 In these general terms and conditions, "your content" means all works and materials submitted to Agropests for storage, publication, processing, or onward transmission.

8.2 Your content must be accurate, complete, and truthful.

8.3 Your content must be appropriate, civil, and tasteful, and must not violate any laws or regulations.

8.4 Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person.

8.5 You must not use our marketplace to link to any website or web page consisting of or containing material that would breach the provisions of these general terms and conditions.

8.6 You must not submit to our marketplace any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

8.7 You acknowledge that all users of the marketplace are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users.

8.8 We may periodically review your content and reserve the right to remove any content for any reason whatsoever.

9. Intellectual Property Rights

9.1 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content on our marketplace and across our marketing channels.

9.2 You grant to us the right to sub-license the rights licensed under section 9.1.

9.3 You grant to us the right to bring an action for infringement of the rights licensed under section 9.1.
 

10. Use of Website and Mobile Applications

10.1 You may use our website and mobile applications subject to the provisions of these general terms and conditions.

10.2 You must not download, save, edit, or modify any material from our website or mobile applications.

10.3 You may only use our website and mobile applications for your own personal and business purposes in respect of selling or purchasing agro-inputs on the marketplace.

10.4 You must not exploit material from our website and mobile applications for commercial purposes.

10.5 You must not use our website and mobile applications in any way that is unethical, unlawful, fraudulent, or harmful.

11. Copyright and Trademarks

11.1 We own and control all the copyright and other intellectual property rights in our website and mobile applications.

11.2 Agropests’ logos and our other registered and unregistered trademarks are trademarks belonging to us.

11.3 Third-party trademarks or service marks on our website and mobile applications are the property of their respective owners.

12. Data Privacy

12.1 Buyers agree to processing of their personal data in accordance with Agropests’ Privacy Notice and Cookie Notice.

12.2 Agropests shall process all personal data obtained through the marketplace and related services in accordance with the terms of our Privacy Notice and Cookie Notice and Privacy Policy.

13. Due Diligence and Audit Rights

13.1 We reserve the right to perform due diligence checks on all users of the marketplace.

13.2 You agree to provide us with all information and documentation we may require to verify your adherence to your obligations under these terms and conditions.

14. Agropests’ Role as a Marketplace

14.1 Agropests facilitates a marketplace for the sale and purchase of agro-inputs. Unless explicitly stated otherwise, we do not enter into any contractual relationship with buyers and sellers. We are not responsible for the quality, safety, or legality of any agro-inputs listed on our marketplace.

15. Warranties and Representations

15.1 You warrant and represent to us that:

You have full authority, power, and capacity to agree to these general terms and conditions;

The execution and performance of your obligations under these general terms and conditions do not conflict with any agreement, instrument, or understanding, oral or written, to which you are a party or by which you may be bound, nor violate any law or regulation of any court, governmental body, or administrative or other authority;

You are not insolvent, bankrupt, or undergoing any insolvency or bankruptcy proceedings.

16. Indemnity

16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:

  1. Any breach by you of any provision of these general terms and conditions;
  2. Your use of our marketplace and related services.

17. Breaches of These Terms and Conditions

17.1 Without prejudice to our other rights under these general terms and conditions, if you breach these general terms and conditions in any way, or if we reasonably suspect that you have breached these general terms and conditions in any way, we may:

  1. Send you one or more formal warnings;
  2. Temporarily suspend your access to our marketplace;
  3. Permanently prohibit you from accessing our marketplace;
  4. Block computers using your IP address from accessing our marketplace;
  5. Contact any or all of your internet service providers and request that they block your access to our marketplace;
  6. Commence legal action against you, whether for breach of contract or otherwise.

 

18. Variation

18.1 We may revise these general terms and conditions from time to time.

18.2 The revised general terms and conditions shall apply to the use of our marketplace from the date of publication of the revised general terms and conditions on the marketplace.

19. Assignment

19.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.

19.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

20. Severability

20.1 If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

20.2 If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

21. Third Party Rights

21.1 These general terms and conditions are for our benefit and your benefit and are not intended to benefit or be enforceable by any third party.

21.2 The exercise of the parties' rights under these general terms and conditions is not subject to the consent of any third party.

22. Entire Agreement

22.1 Subject to Section 19.1, these general terms and conditions, together with our Privacy Notice and Cookie Notice, shall constitute the entire agreement between you and us in relation to your use of our marketplace and shall supersede all previous agreements between you and us in relation to your use of our marketplace.

23. Governing Law and Jurisdiction

23.1 These general terms and conditions shall be governed by and construed in accordance with the laws of Kenya.

23.2 Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Kenya.

24. Our Details

24.1 This marketplace is owned and operated by Agropests.

24.2 We are registered in Kenya under registration number [BN-Q6C73REZ], and our registered office is at [Mang Building Corridor, Nairobi].

24.3 Our principal place of business is at [Mang Building, Nairobi, Kenya].

24.4 You can contact us:

  1. By post, using the postal address given above;
  2. Using our marketplace contact form; https://agropests.co.ke/contact 
  3. By email, using the email address published on our marketplace. [email protected]