MQULIMA AGRO SYSTEMS
TERMS AND CONDITIONS

1. Definitions

• “Platform” means the Mqulima Agro Systems website, mobile application(s), and all features, tools, and services offered through them.
• “Agroshop” means the e-commerce feature through which Mqulima Agro Systems sells agricultural products directly to Users.
• “Services” means bookable third-party services listed on the Platform (e.g. veterinary visits, soil testing, artificial insemination, machinery rental, advisory sessions, silage shredding), delivered by independent Service Providers.
• “Service Provider” means an independent professional, vet, technician, agronomist, or business that offers Services through the Platform and is not an employee or agent of Mqulima Agro Systems.
• “User” means any person who creates an account or otherwise uses the Platform, in any role (producer, trader, distributor, consumer, or Service Provider).
• “Content” means any text, images, reviews, posts, or other material submitted to the Platform by a User.
• “Order” means a purchase of products through the Agroshop; “Booking” means a reservation of a Service through the Platform.

2. Eligibility and Account Registration

• You must be at least 18 years old to create an account, or use the Platform under the supervision of a parent, guardian, or institution (e.g. an agricultural training programme).
• You must provide accurate, current, and complete information when registering, and keep it up to date.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at Mqulima001@gmail.com if you suspect unauthorised access.
• Mqulima Agro Systems reserves the right to verify the information you provide (e.g. for suppliers or Service Providers), refuse registration, or suspend an account that provides false or misleading information.
• Depending on your role, additional verification (e.g. business registration, professional licences for Service Providers) may be required before you can list products or offer Services.

3. Roles on the Platform

Mqulima Agro Systems connects different participants across the agricultural value chain. Depending on how you use the Platform, you may act as a Consumer (buying products/booking Services), a Producer/Farmer, a Trader or Distributor, or a Service Provider. Each role may carry additional obligations set out in a role-specific addendum or onboarding agreement, which forms part of these Terms where applicable.

4. The Agroshop — Orders and Purchases

5. Services — Bookings with Independent Providers

6. Mqulima Agro Systems Academy

• The Academy provides structured courses, guides, and training content on agricultural practices. Content is prepared or curated by Mqulima Agro Systems and/or partner agronomists and experts.
• Course content is provided for educational purposes and reflects general good practice; it is not a substitute for tailored professional advice for your specific farm, soil, climate, or livestock conditions.
• Certificates of completion, where offered, indicate that you completed the course content; they are not professional or regulatory qualifications unless expressly stated.
• Academy content is protected by intellectual property rights (see Section 11) and may not be copied, resold, or redistributed without our written permission.

7. Forum, Community, and User Content

• The Forum allows Users to ask questions, share knowledge, and discuss agricultural topics. You are responsible for the Content you post.
• By posting Content, you grant Mqulima Agro Systems a non-exclusive, worldwide, royalty-free licence to host, display, reproduce, and distribute that Content on the Platform (including in marketing materials, with attribution where reasonable) for as long as it remains posted.
• You must not post Content that is false, defamatory, infringing, obscene, discriminatory, harassing, or that promotes unsafe or illegal agricultural practices (e.g. banned agrochemicals).
• Mqulima Agro Systems may moderate, edit, or remove Content, and suspend Users, at its reasonable discretion, to keep the Forum safe, accurate, and useful for the community.
• Advice shared by other Users on the Forum reflects their own views and experience, not verified guidance from Mqulima Agro Systems, unless specifically labelled as expert-reviewed content.

8. Mqulima Agro Systems AI Assistant

• The Mqulima Agro Systems AI assistant provides automated responses to help you navigate the Platform, find products, and get general agricultural guidance.
• AI-generated responses are provided for informational purposes only and may occasionally be inaccurate or incomplete. They do not constitute professional agronomic, veterinary, financial, or legal advice, and should not be relied on as the sole basis for major farming, financial, or safety decisions.
• For decisions with significant financial, health, or safety implications (e.g. treatment of sick livestock, large agrochemical applications), please consult a qualified professional or book a Service through the Platform.

9. Ratings and Reviews

• After an Order or Service Booking, you may be invited to rate and review the product, Service, or Service Provider.
• Reviews must be honest, based on your genuine experience, and must not contain false, defamatory, or abusive content. Mqulima Agro Systems does not permit fake reviews, whether positive or negative, and reserves the right to remove reviews that violate this rule.
• Ratings help other Users make informed decisions and help Mqulima Agro Systems maintain quality across the Platform, including by monitoring underperforming products or Service Providers.
• Mqulima Agro Systems does not pay Users, suppliers, or Service Providers for positive reviews, and does not allow suppliers or Service Providers to remove genuine negative reviews except where they are found, after investigation, to breach this Section.

10. Fees, Pricing, and Promotions

Mqulima Agro Systems may charge fees for products, Services, Academy content, or platform features, as displayed at the relevant point of purchase or booking. We may run promotions, discounts, or loyalty programmes from time to time, subject to their own specific terms, which will be made available when the promotion is active. We may adjust our pricing at any time, but changes will not affect Orders or Bookings already confirmed.

11. Intellectual Property

The Platform, including its design, logos, trademarks (“Mqulima Agro Systems” and associated branding), software, and original content (excluding User Content), is owned by or licensed to Mqulima Agro Systems Kenya Ltd and is protected by Kenyan and international intellectual property law. You may not copy, modify, distribute, or create derivative works from the Platform or its content without our prior written consent, except as reasonably necessary to use the Platform for its intended purpose.

12. Acceptable Use

When using the Platform, you agree not to:

• Use the Platform for any unlawful purpose, or to sell or promote counterfeit, banned, or unsafe agricultural products or inputs.
• Impersonate another person or misrepresent your affiliation with any person or entity.
• Attempt to interfere with, disrupt, or gain unauthorised access to the Platform, its systems, or other Users’ accounts.
• Scrape, harvest, or misuse data from the Platform, including other Users’ contact details.
• Circumvent the Platform to complete a transaction off-platform in order to avoid applicable fees, where doing so undermines the safety protections (e.g. payment protection, dispute resolution) this Platform provides.

13. Termination and Suspension

• You may close your account at any time by contacting us; any pending Orders, Bookings, or payment obligations will still need to be settled.
• Mqulima Agro Systems may suspend or terminate your account, with notice where reasonably possible, if you breach these Terms, provide false information, misuse the Platform, or engage in fraudulent or harmful conduct.
• Sections relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive termination of your account.

14. Disclaimers

The Platform, including its Tools (e.g. Soil Doctor), Academy content, Forum, and Mqulima Agro Systems AI assistant, is provided “as is” and “as available.” While we work hard to keep information accurate and the Platform reliable, agriculture is inherently affected by variables outside our control — including weather, soil conditions, pests, disease, and market prices. We do not guarantee specific yields, outcomes, or profits from following guidance, products, or Services obtained through the Platform.

15. Limitation of Liability

• To the maximum extent permitted by Kenyan law, Mqulima Agro Systems’s total liability to you for any claim arising from your use of the Platform is limited to the amount you paid to Mqulima Agro Systems for the specific Order, Booking, or feature giving rise to the claim in the 3 months preceding the claim.
• Mqulima Agro Systems is not liable for indirect, incidental, or consequential losses, including loss of profit, loss of crops or livestock, or business interruption, except where such loss arises from our gross negligence, wilful misconduct, or cannot be excluded under Kenyan law.
• Because Services are delivered by independent Service Providers (Section 5), Mqulima Agro Systems’s liability for the acts or omissions of a Service Provider is limited to refunding amounts paid through the Platform for that Booking, except where Mqulima Agro Systems’s own negligence in vetting or platform operation directly caused your loss.
• Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded under the Consumer Protection Act or other applicable Kenyan law.

16. Indemnification

You agree to indemnify and hold Mqulima Agro Systems, its directors, employees, and partners harmless from any claims, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, misuse of the Platform, or violation of any law or third-party right.

17. Dispute Resolution and Governing Law

• These Terms are governed by the laws of the Republic of Kenya.
• If a dispute arises, please first contact us at Mqulima001@gmail.com so we can attempt to resolve it informally and promptly — our goal is always a fair resolution without the need for formal proceedings.
• If a dispute cannot be resolved informally within 30 days, either party may refer it to mediation or arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, before resorting to the courts of Kenya, which shall have exclusive jurisdiction over any dispute not resolved through mediation or arbitration.
• Nothing in this Section prevents you from lodging a complaint with the relevant Kenyan regulator (e.g. the ODPC for data protection matters, or the Competition Authority of Kenya for consumer protection matters).

18. Force Majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, extreme weather, government action, power or internet outages, pandemics, or civil unrest.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will post the updated Terms with a revised “Last updated” date and, for material changes, provide reasonable notice (e.g. via email, SMS, or an in-app notice) before they take effect. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.