1. Introduction
Welcome to AgriVesta ("we," "us," "our," or the "Platform"). These Terms of Service ("Terms") form a legally binding agreement between you and AgriVesta governing your access to and use of our website, mobile experience, and related services (together, the "Service").
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. Our Privacy Policy is incorporated into these Terms by reference.
2. Marketplace Status
AgriVesta is a technology platform, not a party to your sale
AgriVesta does not guarantee the quality, safety, legality, or fitness for purpose of any product, input, or equipment listed by a seller. The contract of sale is formed directly between the buyer and the seller; AgriVesta is not a party to that contract and is not the seller, buyer, shipper, or insurer of any item exchanged through the Platform.
Our role is to provide the technology, payment facilitation, tracking tools, and dispute-review process described in these Terms — not to act as a merchant of record for listed goods.
3. Eligibility and Account
To use AgriVesta, you must:
- Be at least 18 years old
- Be a resident of Kenya or have a valid Kenyan address
- Have a valid Safaricom M-Pesa account for transactions
- Provide accurate, complete, and up-to-date information
- Be legally able to enter into binding contracts under Kenyan law
You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4. User Roles
When you sign up, you register as one of the following roles:
🌾 Farmer / Seller
Sell produce, inputs, or offer equipment for hire
🛒 Buyer
Purchase produce, inputs, or hire equipment
5. Account Termination
You may delete your account at any time through your profile settings or by contacting us. We reserve the right to suspend or terminate accounts that:
- Violate these Terms or any applicable law
- Engage in fraudulent or deceptive conduct
- Harm the safety or experience of other users
- Are inactive for more than 12 months
Upon termination, you will lose access to your account, but transaction records will be retained for legal and regulatory compliance.
6. Seller Legal Responsibility
By listing any product, input, or equipment on AgriVesta, a seller represents and warrants that they:
- Have legal ownership of, or authority to sell, the goods listed
- Have provided accurate, complete, and truthful listing information
- Are in full compliance with all applicable Kenyan laws and regulations
- Offer goods that are safe, genuine, and fit for their described purpose
- Are not offering counterfeit, stolen, or unlawfully obtained goods
- Hold all licences, permits, and certifications required to sell the listed goods
Sellers are solely and fully responsible for the legality, safety, and quality of everything they list. AgriVesta's review of a listing, if any, does not constitute an endorsement or guarantee.
7. Regulated Agricultural Products
Certain categories require the seller to hold valid licences or permits before listing, including but not limited to:
- Certified seeds
- Fertilizers and soil amendments
- Pesticides, herbicides, and other agrochemicals
- Veterinary medicines and animal health products
- Animal feeds and feed supplements
AgriVesta may, at any time, request copies of the relevant licences, registration certificates, or permits from a seller. Failure to provide valid documentation on request may result in immediate suspension of the affected listings, temporary account suspension, or permanent account closure, at AgriVesta's discretion.
8. Marketplace Integrity Policy
To protect the integrity of the marketplace, AgriVesta reserves the right, at its sole discretion and without prior notice where reasonably necessary, to:
- Suspend or restrict any user account
- Remove or delist any listing
- Freeze pending payouts where legally permissible, during an investigation
- Reject or hold suspicious transactions
- Investigate suspected fraudulent or unlawful activity
- Cooperate with law enforcement and regulatory authorities
- Report illegal conduct to the relevant authorities
Examples of conduct that may trigger these measures include, without limitation:
- Fake or misleading listings
- Identity fraud or impersonation
- Payment fraud, including chargeback abuse
- Selling counterfeit goods
- Selling stolen products
- Price manipulation or market abuse
- Attempting to bypass or circumvent Platform payments
- Harassment, threats, or abusive behaviour
- Spam or unsolicited commercial messaging
9. Buyer Misuse
Buyers agree not to engage in:
- Fake or bad-faith Purchase Requests
- Harassment of sellers or other users
- Abuse of the dispute process, including repeated unfounded claims
- Chargeback fraud or attempts to reverse legitimate payments improperly
- Circumvention of the Purchase Request and payment workflow
Repeated or serious buyer misuse may result in warnings, restrictions, or account suspension.
10. Off-Platform Transactions
Off-platform deals are not protected
11. Listings and Prohibited Goods
Sellers are responsible for the accuracy, quality, legality, and fulfilment of everything they list. Prohibited listings include:
- Illegal or counterfeit goods
- Contaminated or unsafe produce
- Stolen or unauthorized equipment
- Hazardous or restricted materials
We reserve the right to remove any listing that violates these Terms or applicable law.
12. Purchase Request Workflow
All purchases on AgriVesta follow a Purchase Request workflow rather than immediate checkout:
- A buyer submits a Purchase Request to a seller.
- The seller reviews the request and accepts or rejects it.
- If accepted, the buyer proceeds to secure payment.
- After successful payment, buyer and seller contact information becomes available.
- The seller prepares and dispatches the purchase.
- The buyer confirms delivery and payment is released to the seller.
A Purchase Request does not create a binding sale until the seller accepts it and payment is completed. A rejected or expired request closes automatically and no payment is taken.
13. Contact Information Rules
- Contact information is released to the other party only after a successful payment.
- Users must not attempt to share or request phone numbers, emails, or social handles before payment.
- Attempting to move a transaction off AgriVesta before payment violates these Terms and may lead to suspension.
- Off-platform transactions are not protected by escrow, the Purchase Tracker, or our dispute process.
14. Escrow and Secure Payment
- Payments are processed by our licensed payment partners, including IntaSend, using M-Pesa.
- Funds are held securely in escrow after payment and are not immediately available to the seller.
- Funds are released to the seller after the buyer confirms delivery, or after a dispute decision.
- Where a dispute is raised, settlement is frozen until the case is resolved.
15. Purchase Tracker
AgriVesta provides a Purchase Tracker so both parties can follow purchase progress, payment status, dispatch status, activity history and, where applicable, dispute status. The Purchase Tracker is a record of marketplace activity, and both parties agree to keep their updates accurate and timely.
16. Marketplace Responsibilities
16.1 Buyer responsibilities
- Submit accurate Purchase Requests, including quantity and delivery details.
- Complete payment promptly once a request is accepted.
- Inspect goods on delivery and confirm delivery honestly and without unnecessary delay.
- Raise any issue through the dispute process rather than withholding confirmation indefinitely.
16.2 Seller responsibilities
- Respond to Purchase Requests within the stated response window.
- Only accept requests for stock that is genuinely available.
- Supply goods matching the listing description, quality, and quantity.
- Dispatch promptly after payment and keep the Purchase Tracker updated.
16.3 AgriVesta's role
AgriVesta is a marketplace platform. We facilitate discovery, secure payment, tracking, and dispute review, but we are not the buyer or seller of the goods listed and we do not hold customer funds ourselves.
17. Payments and Commission
💰 Commission Structure
Current commission rate: 7.5% per completed transaction.
- Commission is deducted from the seller's payout
- The buyer pays the listed order price in full
- Commission is only charged on successful, completed transactions
AgriVesta may revise the commission rate from time to time, upon reasonable advance notice to sellers published on the Platform or sent by email.
All payments are securely processed by IntaSend via M-Pesa STK Push. AgriVesta does not hold customer funds; settlement to sellers is controlled under our Buyer Protection rules. Buyer funds are held securely until the buyer confirms successful delivery.
- Funds are released to sellers only after buyer confirmation
- In case of dispute, settlement to the seller is withheld until the dispute is resolved
- Refunds are processed through IntaSend following a Buyer Protection decision
18. Dispute Resolution
If a dispute arises between a buyer and seller:
- Both parties agree to cooperate in good faith to resolve the issue
- The dispute can be escalated to AgriVesta for mediation
- AgriVesta may review evidence and make a binding decision
- Settlement is withheld until the dispute is resolved
- Either party may pursue legal remedies under Kenyan law
Note
19. Prohibited Conduct
You agree NOT to:
- List or sell illegal, counterfeit, or prohibited goods
- Engage in fraudulent or deceptive transactions
- Attempt to bypass or manipulate AgriVesta payments or Buyer Protection
- Harass, threaten, or abuse other users
- Post false or misleading information
- Scrape, crawl, or misuse the platform's data
- Impersonate another person or entity
- Introduce malware or harmful code
- Violate any applicable Kenyan laws or regulations
20. Reviews and Ratings
Users may leave reviews and ratings after completed transactions. You agree to:
- Provide honest and accurate reviews
- Base reviews on actual experiences
- Not post false or malicious reviews
- Not manipulate or incentivize reviews
We reserve the right to remove reviews that violate these standards.
21. Force Majeure
AgriVesta shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to floods, drought, fires, war, terrorism, government restrictions, epidemics, pandemics, civil unrest, national internet outages, power failures, telecoms failures, and other Acts of God.
22. Intellectual Property
The AgriVesta name, logo, branding, software, website design, text, graphics, photographs, source code, and documentation are the property of AgriVesta or its licensors and are protected by intellectual property laws. Unauthorised reproduction, copying, or distribution of any of these materials is strictly prohibited.
23. Limitation of Liability
AgriVesta is a marketplace facilitator. We do not own, inspect, or guarantee the quality, safety, or legality of goods or services listed on our Platform.
To the maximum extent permitted by law:
- Our liability is limited to commissions paid to AgriVesta in the 3 months preceding any claim
- We exclude liability for indirect, incidental, special, or consequential damages, loss of profits, business interruption, and loss of data
- We are not liable for disputes between users
- We do not guarantee uninterrupted or error-free service
These exclusions do not apply where, and to the extent that, Kenyan law prohibits such exclusion.
24. Indemnification
You agree to indemnify and hold AgriVesta harmless from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the platform
- Your violation of these Terms
- Your violation of any applicable law
- Your infringement of third-party rights
- Your transactions and interactions with other users
25. Disclaimer of Warranties
AgriVesta is provided "as is" and "as available" without any warranties of any kind, express or implied, including but not limited to:
- Merchantability or fitness for a particular purpose
- Accuracy, reliability, or completeness of information
- Uninterrupted or error-free operation
- Security or freedom from viruses
- Quality or safety of listed goods
26. Governing Law
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any legal disputes arising from your use of AgriVesta shall be subject to the exclusive jurisdiction of the courts of Kenya.
27. General Provisions
27.1 Entire Agreement
These Terms, together with our Privacy Policy, our Buyer Protection and Refund Policy, and where applicable our Vendor Terms, constitute the entire agreement between you and AgriVesta.
27.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
27.3 Waiver
No failure or delay by AgriVesta in exercising any right under these Terms shall operate as a waiver of that right.
27.4 Assignment
You may not assign or transfer these Terms without our prior written consent. AgriVesta may assign these Terms in connection with a merger, acquisition, or sale of assets.
27.5 Electronic Acceptance
Creating an account, or continuing to use the Service, constitutes your electronic acceptance of these Terms.
27.6 Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes through email notification, an in-app notice, or by posting on this page with an updated date. Your continued use of AgriVesta after changes constitutes acceptance of the updated Terms.
28. Contact Us
If you have questions about these Terms, see the contact details below.