Terms and Conditions

Welcome to E-azy Agro! These Terms and Conditions ("Terms") govern your access to and use of the E-azy Agro Platform (the "Platform"), a digital marketplace in Kenya that connects farmers and agricultural producers with buyers. By accessing or using the Platform, you agree to be bound by these Terms.

Definitions

In these Terms of Use, the following expressions have the corresponding meanings:

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1.0 Acceptance of Terms of Use

By clicking "I Agree" or by registering for an account on the Platform, you expressly accept these Terms and our Privacy Statement. If you do not agree, you must not register or use the Platform.

1.1 User Agreement

These Terms constitute the entire Agreement between you and E-azy Agro regarding the Service.

1.2 Contact

• Online Support: Help button on the website
• E-mail: info@e-azy-agro.com
• Postal Address: P.O. Box 1788-00606, Sarit Centre, Kenya

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2. Membership

2.1 Eligibility

You must be over 18 years of age to register. By using the Platform, you warrant you have the authority and capacity to enter this Agreement.

2.2 Formation of Contract

By registering, you enter a contract with E-azy Agro. Upgrading to Paid Services requires selecting features and a payment method. Clicking "Make Payment" creates a binding contract for the chosen upgrade.

2.2.1 Free Membership

Includes:

• Browsing listings (Animal Products, Aquaculture Products, Farm Inputs (e.g., seeds, fertilizers), Farm Structures (e.g., greenhouses, pens), Feed Crops & Food Crops, Industrial & Oil Crops, Organic Products, Ornamental Crops & Planting Media, Tools & Equipment, Vermiculture (worm farming) products).
• Listing unlimited number of agricultural products for sale.
• Browse products.

Disclaimer: The features listed are current benefits and may be modified or discontinued at E-azy Agro's sole discretion, with reasonable notice provided on the platform.

2.2.2 Paid Membership

Grants access to advanced features, including enhanced listing visibility, featured listings, and priority customer support.

2.3 Background Checks

E-azy Agro does not independently verify the identity or credentials of all Members and relies on the warranties provided by Members. E-azy Agro reserves the right, but is not obligated, to conduct or request background checks, identity verification, or other due diligence on any Member at any time. You agree to cooperate with any such requests. Providing false information or failing a background check may result in immediate termination of your membership.

2.4 Subscription Plans and Fees

We reserve the right to adjust fees per jurisdiction based on commercial conditions.

2.5 Payment & Auto-Renewal

• Auto-Renewal: Subscriptions renew automatically unless you opt out.
• Recurring Billing: By subscribing to Paid Services, you authorize E-azy Agro to charge the applicable subscription fees to your designated payment method at the beginning of each subscription period. Your subscription will automatically renew for the same period unless you cancel it before the end of the current term.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle, and you will retain access to the Paid Services until that time. No refunds, prorated or otherwise, will be provided for cancellation mid-cycle.
• Price Changes: We may change subscription fees. New rates will apply to all new subscriptions and renewals. We will provide you with 30 days' notice of any price change before your subscription renews. If you do not agree to the new price, you must cancel your subscription before the renewal date.

Payments are processed via third-party providers; by using these services, you also agree to their respective terms and conditions.

2.6 Password Security

You are solely responsible for keeping your password safe. You agree not to transfer or resell your access to any third party.

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3. The Service

The Service is a digital marketplace platform that facilitates contact between agricultural producers (farmers), traders and buyers. E-azy Agro is a marketplace facilitator, not a broker, agent, and E-azy Agro does not provide transportation, delivery, storage, or logistics services. Buyers and sellers are solely responsible for arranging product pick-up.

3.1 Seller's Responsibility

Sellers are responsible for ensuring that product descriptions, prices, quantities, availability, and images are accurate and up to date. Sellers must comply with all applicable laws and regulations relating to the sale of agricultural products.

3.2 Buyer Responsibility

Buyers are responsible for verifying product quality and quantity during product pick up, directly with the seller.

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4. Use of the Service

4.1 Responsibility & Accuracy

Use of the Service is at your own risk. You are responsible for ensuring all information, product descriptions, quality and photos are accurate and do not include nudity, offensive content, or third-party intellectual property.

4.2 Information Sharing & Overseas Access

By creating a profile, you acknowledge that your information is public and may be viewed by users globally. Your data may be stored on servers located outside your country of residence to facilitate customer support and platform functionality.

4.3 License Grant

By providing content (photos, text, or data) to the Platform ('User Content'), you grant E-azy Agro a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such User Content for the purpose of operating, promoting, and improving the Service, and for other commercial purposes related to E-azy Agro's business. You retain all ownership rights to your User Content.

4.4 Prohibited Activities

You agree not to:

• Engage in harassment or distribute offensive, racially suggestive, or illegal material.
• Impersonate others or misrepresent agricultural qualifications or product quality.
• Harvest email addresses or send unsolicited "spam."
• Use automated bots or non-human tools to access the Platform.
• Solicit funds or passwords from other users.

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5. Security and Monitoring

We reserve the right to monitor messages, profiles, and listings to ensure compliance with these terms. While we take reasonable steps to secure data, you acknowledge that no internet transmission is 100% secure; you share information at your own risk.

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6. Intellectual Property

Copyright in the Service (text, graphics, logos, icons, and software) is owned or licensed by E-azy Agro. You may not adapt, reproduce, or commercialize any part of the Service without prior written permission.

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7. Disclaimers and Limitation of Liability

7.1 No Warranties

The Service is provided "as is." We do not warrant that the Platform will be uninterrupted or error-free. We are not liable for any loss arising from your reliance on information provided by other members.

7.2 Limitation of Liability

To the fullest extent permitted by law, E-azy Agro, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with:

• Your use or inability to use the Platform.
• The conduct of any other member (including physical injury or financial loss).
• Any transaction or dispute between buyers and sellers.

Notwithstanding the foregoing, in no event shall E-azy Agro's total aggregate liability to you for any and all claims arising from or relating to these Terms or your use of the Platform exceed the total amount of fees paid by you to E-azy Agro in the twelve (12) months immediately preceding the event giving rise to the claim, or if no fees have been paid, the sum of KES 5,000.

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8. Termination

• By You: You may terminate your membership at any time via written notice or the unsubscribe button. Fees are non-refundable.
• By Us: We may suspend or terminate your access for any breach of these Terms, including fraudulent, abusive, or illegal conduct.

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9. General Provisions

9.1 Severability

If any part of these Terms is found unenforceable, the remaining terms stay in full effect.

9.2 Assignment

E-azy Agro may assign its rights and obligations under this Agreement to a third party (e.g., in the event of a sale or change of control).

9.3 No Waiver

Failure to enforce a right does not constitute a waiver of that right in the future.

9.4 Governing Law

These Terms are governed by the Laws of Kenya.

9.5 Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act of Kenya. The arbitration shall be conducted by a single arbitrator appointed by agreement of the parties, or failing agreement, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). The seat of arbitration shall be Nairobi, Kenya. The language of the arbitration shall be English. The costs of the arbitration (including the arbitrator's fees) shall be borne as determined by the arbitrator.

9.6 Indemnification

You agree to indemnify, defend, and hold harmless E-azy Agro and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with (i) your breach of these Terms, (ii) your use of the Service, (iii) your User Content, or (iv) any interaction or transaction between you and any other Member.

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