1. Introduction

Welcome to ekarihub (the Hub), your agribusiness’ new innovative favorite hangout! ekarihub is a product of EKABEL LIMITED, a limited liability company registered in the Republic of Kenya, with its address at P.O. Box 10812-00100, Nairobi, Kenya.

The primary purpose of ekarihub is to create an avenue for you to have fun online as you connect with farmers and other agribusiness value chain actors such as agronomists, veterinarians, agricultural products exporters, show off your farms, plants, animals etc., showcase your work, share your agribusiness challenges, get expert agribusiness advice, lease tools and machinery , advertise, market and sell produce with confidence. We are your one stop hub for everything you need to do agribusiness like a superstar!

As part of the ekarihub community, you will have the opportunity to upload and showcase various types of content, including articles, deeds, photos, videos, and other materials related to agriculture. These user-generated materials will be featured on the platform, allowing others to access, view, and engage with the content shared. Please read this policy carefully to understand how we collect, use, store, and protect your personal data and content.

By accessing or using ekarihub, you agree to comply with these Terms and Conditions (T&Cs). If you do not agree with any part of these T&Cs, please discontinue using the Hub.

2. Definitions

• "Buyer" refers to any registered User who purchases or intends to purchase agricultural products, services, or inputs listed on Ekarihub by Sellers.
• "Content" refers to all information, data, text, graphics, videos, and other materials available on the Platform.
• "Hub" or "ekarihub" refers to the ekarihub website and mobile application.
• "Seller" refers to any registered User who lists, advertises, or sells agricultural products, services, or inputs on Ekarihub.
• "Services" refer to all features and functionalities provided by ekarihub, including marketplace services, data analytics and information resources.
• "Transaction" refers to any completed or intended exchange of goods, services, or payments between a Buyer and a Seller facilitated through ekarihub.
• "User" refers to any individual or entity using ekarihub, including but not limited to farmers, buyers, logistics providers, input suppliers and service providers.

3. User Accounts and Registration

Users must create an account to access features of ekarihub. You agree to provide accurate, complete and current information during the registration process.

Users are responsible for maintaining the confidentiality of their login credentials and are liable for all activities conducted under their account.

4. Use of the Platform

Users agree to use the Hub for lawful purposes only and in accordance with these T&Cs. User may not:

• Misrepresent their identity or affiliation with any entity.
• Post or share any illegal, offensive, or misleading content.
• Use the Hub in a way that could disrupt its operation or harm its integrity.
• Engage in fraudulent activities or violate any applicable laws.

5. Advertising on the Hub

ekarihub reserves the right to display advertisements on the Hub, including banners, sponsored content, and other promotional material. These advertisements may be targeted to Users based on their activity and preferences.

Users may be allowed to post advertisements for their goods and services in accordance with the Hub’s advertising guidelines. All ads must comply with relevant laws and cannot contain offensive, misleading, or unlawful content. ekarihub reserves the right to reject or remove any user advertisement that violates these guidelines.

If applicable, Users may be required to pay a fee for displaying advertisements on the Hub. The applicable fees and payment terms will be detailed in a separate agreement.

ekarihub may modify its advertising policies at any time. Users will be notified of any significant changes, and continued use of the platform after such changes constitutes acceptance of the updated policy.

6. ekarihub Terms and Conditions for Trading on the Platform

(a) Eligibility

• Only registered Users who have completed the account verification process are permitted to engage in trading on the Hub.
• Users must be 18 years or older and legally capable of entering into binding contracts.
• the Hub reserves the right to reject any registration or to suspend or terminate any account at its discretion.

(b) User Obligations for Trading

• Users are solely responsible for ensuring that all information provided about their products or services (e.g., product descriptions, pricing, availability) is accurate, complete, and up-to-date.
• Users must comply with all applicable local, national, and international laws and regulations, including trade and consumer protection laws.
• Users must not engage in:
  (a) Fraudulent or deceptive activities, such as misrepresenting product quality or quantity.
  (b) Illegal trade practices, including trading in banned, restricted, or counterfeit goods.
  (c) Unfair trade practices, such as price manipulation or misleading advertising.

(c) Listing and Selling Products

• Users may list products and services for sale on the Hub, subject to compliance with the Platform's guidelines and these T&Cs.
• Product listings must be accurate and must not contain false, misleading, or incomplete information. Listings that violate these requirements may be removed by the Hub without notice.
• Users are prohibited from listing items or services that are illegal, hazardous, or otherwise restricted by law or the Hub’s policies.
• All prices must be clearly stated in Kenya Shillings (KES) or United States Dollars (USD), inclusive of applicable taxes and fees.

(d) Buyer Obligations

• Buyers must review product descriptions, terms of sale, and any other relevant details before making a purchase.
• Buyers agree to pay the total amount due, including any applicable fees, taxes, and shipping costs, as specified by the seller.
• By making a purchase, the Buyer enters into a binding contract with the Seller and is obligated to complete the transaction unless the product is found to be materially different from its description.

(e) Payment and Fees

• The Hub provides various payment options, including mobile payments (M-Pesa), bank transfers, and credit or debit card payments.
• Users agree to pay any fees or charges associated with the use of the Hub’s services, as shall be specified on the Hub from time to time.
• Payments can be made in Kenya Shillings (KES) or United States Dollars (USD). Users are responsible for any bank or transaction fees incurred.
•  ekarihub reserves the right to withhold or suspend payments if any fraudulent or suspicious activity is detected.

(f) Dispute Resolution and Refunds

• In the event of a dispute between a Buyer and a Seller, both parties must attempt to resolve the issue amicably through direct communication.
• If the parties cannot resolve the dispute, the Hub may, at its discretion, intervene to mediate. However, the Hub is not obligated to resolve disputes and assumes no liability for any transactions conducted on the Hub.
• Refunds or returns must comply with the Seller’s stated policies. Ekarihub is not responsible for enforcing or processing refunds or returns unless explicitly stated.

(g) Liability Disclaimer

• ekarihub acts as a facilitator for transactions between Users and does not guarantee the quality, safety, legality, or accuracy of the products or services listed.
• ekarihub is not liable for any direct, indirect, incidental, or consequential damages arising from the use of the Hub or transactions conducted through it.
• Users assume full responsibility for their actions and interactions on the Platform. ekarihub disclaims any liability for disputes, product defects, delivery issues, or any other problems arising from trading activities.

(h) Prohibited Activities

• Users are prohibited from using the Hub for illegal, fraudulent, or unauthorized purposes, posting or sharing content that is harmful, offensive, defamatory, or that violates the rights of others and engaging in activities that could harm the integrity, security, or operation of the Hub, such as hacking or introducing malware.

(i) Termination of Trading Privileges

• ekarihub reserves the right to suspend or terminate any User’s trading privileges without notice if they violate these T&Cs, engage in fraudulent activities, or misuse the Hub.
• Upon termination, the User’s access to trading features will be revoked, and any pending transactions may be canceled at ekarihub’s discretion.

7. Data Usage and Privacy

By using the Hub Users consent to the collection, processing, and sharing of their data as described in our Privacy Policy, which forms part of these T&Cs.

Users may use their own data or data obtained from third-party sources when conducting transactions on the Hub. The responsibility for ensuring the accuracy, legality, and appropriateness of any data used rests solely with the User.

The Hub acts as a facilitator and is not a party to any contracts or agreements made between Users. Users are solely responsible for the terms, conditions, and fulfillment of their transactions. Users must comply with all applicable laws and regulations, including those governing trade, product quality, and consumer protection

EKABEL LIMITED takes measures to protect User data but is not liable for any unauthorized access resulting from User negligence such as failure to secure login credentials.

8. Intellectual Property Rights

ekarihub and its content, including all software, trademarks, logos, and materials, are the exclusive property of EKABEL LIMITED and are protected by copyright, trademark, and other intellectual property laws.

Users are granted a limited, non-exclusive license to access and use ekarihub for its intended purpose. Users may not copy, modify, distribute, or exploit any content from the Hub without prior written consent from EKABEL LIMITED.

Any suggestions, feedback, or ideas submitted by Users shall become the property of EKABEL LIMITED, which may use them without any obligation to the User.

9. Non-Disclosure Agreement (NDA)

Users agree to keep confidential any proprietary information, business strategies, or sensitive data they may access through the Hub.

Users shall not disclose any confidential information to third parties without express written consent from EKABEL LIMITED.

The obligations of confidentiality shall continue for a period of ten (10) years after termination of their use of the Platform.

10. Liability and Indemnification

EKABEL LIMITED provides the Hub on an "as is" and "as available" basis and makes no warranties or guarantees regarding its accuracy, reliability, or availability.

EKABEL LIMITED is not liable for any direct, indirect, incidental, consequential, or punitive damages resulting from the use or inability to use the Hub.

Users agree to indemnify and hold EKABEL LIMITED harmless from any claims, damages, or losses arising from their use of the Hub or breach of these T&Cs.

11. Disclaimers and Limitation of Liability

(a) Disclaimers

• ekarihub serves as a neutral intermediary between buyers, sellers, and service providers on the Hub. It does not verify, endorse, or guarantee the quality, safety, legality, or suitability of any goods or services traded on the Hub.
• The Hub is provided on an "as-is" “where-is" basis, without warranties of any kind, either express or implied. This includes warranties of fitness for a particular purpose, merchantability and non-infringement.
• The Hub may offer integrations with third-party providers, such as logistics and payment services, for user convenience. These third-party services operate independently, and ekarihub is not liable for their actions, errors, or failures.
• ekarihub does not validate the content posted by users, such as product descriptions or reviews. Users are encouraged to conduct their own due diligence.
• Any information shared on the Hub is intended for general guidance only and should not be relied upon as legal, financial, or agricultural advice.

(b) Limitation of Liability

• To the maximum extent permitted by law, ekarihub, Ekabel Limited, and their representatives shall not be held liable for indirect, incidental, special, punitive, or consequential damages and/or loss of profits, data, or business opportunities resulting from platform use.
• ekarihub disclaims liability for disputes arising from transactions between users, including non-delivery of goods or services and payment failures or fraud.
• ekarihub will not be responsible for any interruptions or errors due to technical issues, scheduled maintenance, or unforeseen events beyond its control (force majeure).
• While reasonable security measures are in place, ekarihub is not liable for breaches caused by third-party attacks, user negligence, or factors outside its control.
• ekarihub's liability, in any case, is limited to the amount paid by the User for Hub services during the three months prior to the incident.

(c) Indemnification

• Users agree to indemnify and defend ekarihub, Ekabel Limited, and their agents against claims or liabilities arising from User-generated content, breach of these terms by the user and/or violation of any law or third-party rights.

12. Termination of Access

EKABEL LIMITED reserves the right to suspend or terminate any User’s access to the Hub at any time, without notice, for any reason, including but not limited to violation of these T&Cs, fraudulent activity, or misuse of the Hub.

Upon termination, the User’s right to use the Hub will cease immediately, and EKABEL LIMITED retains ownership of all data, IP, and content generated through the User’s activities on the Hub.

13. Governing Law and Dispute Resolution

These T&Cs shall be governed by the laws of Kenya. Any disputes arising from these T&Cs shall be resolved through good-faith negotiations. If negotiations fail, disputes shall be submitted to mediation in Nairobi, Kenya, before pursuing other legal remedies. Such mediation will be conducted under the Nairobi Centre for International Arbitration (Mediation) Rules, 2015 and where the parties cannot agree on the choice of a mediator within fourteen (14) days of the issuance of the aforementioned notice to institute mediation proceedings, then the parties hereby agree that on the application of either party, the chairperson for the time being of the Nairobi Centre for International Arbitration shall appoint the mediator. The mediation proceedings shall be conducted in Nairobi, Kenya.

Should such mediation fail, the parties shall submit to the exclusive jurisdiction of the Kenyan courts as regards any dispute, claim or matter.

14. Changes to the Terms and Conditions

EKABEL LIMITED reserves the right to update or modify these T&Cs at any time. Users will be notified of significant changes via the Hub. Continued use of the Hub following any changes constitutes acceptance of the revised T&Cs.

15. Contact Information

For any questions about these T&Cs or to report a violation, please contact us at:

Email: legal@ekabell.com
Address: P.O. Box 10812-00100, Nairobi, Kenya