Welcome to Kenol Marketplace, a digital agricultural marketplace platform developed and operated by Bengamu Tech Ltd, a company incorporated in Kenya with its principal place of business in Kenol, Murang'a County.
Kenol Marketplace operates as a technology-enabled intermediary platform — available as a mobile application and web application — that connects farmers, smallholder agricultural producers, and other suppliers directly with consumers, businesses, retailers, wholesalers, and institutions seeking fresh agricultural produce and goods.
These Terms and Conditions ("Terms") govern your access to and use of the Kenol Marketplace platform, including all related mobile applications, websites, APIs, features, content, and services (collectively, the "Platform"). These Terms constitute a legally binding agreement between you ("User") and Bengamu Tech Ltd ("Company", "we", "us", or "our").
For the purposes of these Terms, the following definitions apply:
| "Platform" | The Kenol Marketplace mobile application, web application, and all associated services operated by Bengamu Tech Ltd. |
| "User" | Any individual or entity that accesses, registers on, or uses the Platform, including Suppliers and Buyers. |
| "Supplier" / "Farmer" | A User who registers on the Platform to list, offer, and sell agricultural produce, food products, or related goods. |
| "Buyer" / "Consumer" | A User who browses, orders, and purchases products through the Platform, including individual consumers, businesses, retailers, wholesalers, and institutions. |
| "Order" | A confirmed purchase request submitted by a Buyer for products listed by a Supplier on the Platform. |
| "Listing" | A product or produce entry published on the Platform by a Supplier, including description, images, price, quantity, and availability. |
| "Transaction" | The full commercial exchange between a Buyer and a Supplier, facilitated through the Platform, from order placement to delivery confirmation and fund release. |
| "Commission" | The service fee charged by the Platform on each completed transaction, currently set at 12% of the transaction value. |
| "Escrow Period" | The period during which payment received from a Buyer is temporarily held by the Platform pending successful delivery confirmation. |
| "Delivery Partner" | An independent third-party logistics provider, including motorcycle couriers (boda boda riders), contracted or coordinated by the Platform to fulfil deliveries. |
| "M-Pesa" | The mobile money payment service provided by Safaricom PLC, used as the primary payment method on the Platform. |
| "Content" | All text, images, data, listings, reviews, messages, or other material submitted to or published on the Platform by Users or the Company. |
| "Account" | A registered user profile on the Platform, tied to a verified phone number and identity. |
By downloading, installing, accessing, or using the Platform in any manner, you confirm that:
These Terms apply in addition to any supplemental agreements, policies, or guidelines published on the Platform, including our Privacy Policy, Supplier Agreement, and Delivery Policy, which are incorporated herein by reference.
To register for and use the Platform, you must meet the following requirements:
The Company reserves the right to request identity verification documents at any time and to suspend accounts that do not meet eligibility requirements.
Users must register an account before placing orders or creating listings. During registration, you are required to provide accurate, current, and complete information including your full name, phone number, and location. Suppliers must additionally provide business details and produce categories.
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately at [company-email@kenolmarketplace.co.ke] if you suspect any unauthorised access to your account.
You agree to keep your account information up to date at all times. The Company is not responsible for any losses or disputes arising from inaccurate account information, including incorrect delivery addresses, phone numbers, or bank details.
Each individual or business entity is permitted one active account on the Platform. Creating duplicate or fraudulent accounts is strictly prohibited and will result in immediate suspension.
The Platform offers the following account types: Consumer / Buyer Account, Supplier / Farmer Account, and Business Account (for retailers, wholesalers, hospitality providers, and institutions). Suppliers and Business Accounts may be subject to additional verification and onboarding requirements.
The Company's role is limited to:
The Company does not guarantee the quality, safety, legality, accuracy, or availability of any product listed on the Platform. All representations and warranties regarding listed produce rest solely with the Supplier. By using the Platform, you acknowledge and accept the Company's role as an intermediary and not as a seller or guarantor of goods.
Suppliers are solely responsible for the accuracy, completeness, and legality of their product listings. All listings must include:
The Company reserves the right to review, moderate, suspend, or remove any listing that it reasonably believes to be inaccurate, misleading, illegal, or in violation of these Terms, without prior notice to the Supplier.
The Company may, at its discretion, introduce AI-assisted product image verification to validate listings. Suppliers consent to having their listing images processed for quality assurance purposes.
A Buyer places an order by selecting products from a Supplier's listing and proceeding through the Platform's checkout process. An order is confirmed only upon successful payment via M-Pesa. The Supplier receives an order notification and is expected to accept or decline within the timeframe specified on the Platform.
All payments on the Platform are currently processed via M-Pesa, Safaricom's mobile money service. Buyers must have a registered and active M-Pesa account linked to the phone number on their Kenol Marketplace account. Payment is required in full at the time of order placement.
Upon successful payment by a Buyer, the funds are received and temporarily held by the Company on behalf of the transaction parties during the Escrow Period. Funds are not immediately transferred to the Supplier. The purpose of this holding is to protect both parties during the delivery process.
Funds are released to the Supplier (less the applicable commission) upon either:
If a payment fails, is reversed, or is not completed within the specified window, the order will not be confirmed and the Supplier will not be obligated to fulfil it. The Company is not liable for M-Pesa service downtime or network failures affecting payment processing.
Platform Commission Rate
A commission of 12% of the total transaction value is deducted from the Supplier's payout upon successful order completion. This rate is subject to change with advance notice to Suppliers.
Suppliers set their own prices for listed products. All prices must be displayed in Kenyan Shillings (KES) and must include any applicable taxes. The Company does not dictate or regulate Supplier pricing, but reserves the right to flag listings with prices it reasonably deems misleading or exploitative.
Delivery fees are charged separately to the Buyer and are calculated based on distance, delivery zone, and logistics partner rates. Delivery fees are clearly displayed to the Buyer before order confirmation. Delivery fees are passed through to the relevant Delivery Partner and are not subject to the platform commission.
The Platform may offer optional paid listing tiers, featured placement, or subscription packages for Suppliers. These are voluntary and will be subject to separate pricing schedules and terms communicated to Suppliers at the time of offering.
Where cold storage services are engaged by a Supplier, fees will be charged in accordance with the applicable cold storage fee schedule. See Section 13 for further details.
Delivery services are fulfilled by independent third-party Delivery Partners, including motorcycle couriers (boda boda riders) and other logistics providers. These Delivery Partners are not employees or agents of Bengamu Tech Ltd.
Estimated delivery times are communicated at the time of order confirmation and are indicative only. Actual delivery times may vary due to weather, traffic, Delivery Partner availability, or other external factors beyond the Company's control.
Upon receipt of an order, the Buyer is required to confirm delivery through the Platform within the specified timeframe. If the Buyer does not confirm or dispute delivery within this window, the order may be automatically marked as delivered and payment released to the Supplier.
If a delivery cannot be completed due to an incorrect address, the Buyer being unreachable, or other Buyer-related reasons, the Company reserves the right to charge the Buyer for the failed delivery attempt. In such cases, refund eligibility will be assessed on a case-by-case basis.
A Buyer may be entitled to a full or partial refund in the following circumstances:
Refund requests must be raised through the Platform within 24 hours of the scheduled delivery time, accompanied by photographic evidence where relevant.
All disputes must be submitted through the Platform's official dispute channel. The Company will review the evidence from both parties and issue a determination within 5 working days. The Company's decision on refunds shall be final for transactions below KES 10,000. For higher-value disputes, parties may escalate to formal mediation or the relevant legal process under Kenyan law.
Buyers are prohibited from initiating chargebacks or reversals through M-Pesa or their bank without first exhausting the Platform's dispute resolution process. Unjustified chargebacks will result in account suspension and may attract legal action.
Where the Platform offers cold storage facilities, Suppliers may opt to store perishable produce at a designated facility managed by or on behalf of the Company. The following terms apply to cold storage services:
The following activities are strictly prohibited on the Platform and constitute a serious breach of these Terms:
Violations will result in immediate account suspension, withholding of pending funds pending investigation, and may be referred to relevant Kenyan authorities.
All intellectual property rights in the Platform, including but not limited to the Kenol Marketplace name, logo, software, user interface, design, and documentation, are owned by or licensed to Bengamu Tech Ltd. Nothing in these Terms grants you any right, title, or licence to the Company's intellectual property.
By submitting content to the Platform — including product listings, images, descriptions, and reviews — you grant the Company a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and promote such content for the purposes of operating and marketing the Platform.
You represent and warrant that you own or have the right to use all content you submit, and that such content does not infringe the intellectual property rights of any third party.
To the fullest extent permitted by Kenyan law, Bengamu Tech Ltd and its directors, officers, employees, and agents shall not be liable for:
Where liability cannot be entirely excluded by law, the Company's total liability in respect of any claim shall not exceed the value of the specific transaction giving rise to that claim.
You agree to indemnify, defend, and hold harmless Bengamu Tech Ltd and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:
You may close your account at any time by contacting our support team or using the account deletion feature in the Platform settings. Upon closure, pending transactions must be completed or resolved before the account can be fully deactivated. Outstanding balances owed to you will be paid out subject to verification.
The Company reserves the right to suspend or permanently terminate your account, with or without notice, in cases including but not limited to:
Upon termination, your right to access the Platform ceases immediately. Active listings will be removed. Pending funds subject to legitimate claims will be processed and paid out or refunded in accordance with the Company's decision. The Company is not liable for any loss resulting from the lawful termination of an account.
Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy explains how we collect, use, store, and protect your personal data in compliance with the Kenya Data Protection Act 2019.
By accepting these Terms, you also acknowledge and consent to the data practices described in the Privacy Policy. We encourage you to read the Privacy Policy carefully before using the Platform.
The Company reserves the right to modify, update, or replace these Terms at any time. Where changes are material, we will provide at least 14 days' advance notice via in-app notification, SMS to your registered phone number, or email.
Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not accept the new Terms, you must stop using the Platform before the effective date of the changes.
The current version of these Terms will always be accessible on the Platform and at [www.kenolmarketplace.co.ke/terms].
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya.
Any disputes that cannot be resolved through the Platform's internal dispute resolution process shall be subject to the exclusive jurisdiction of the courts of Kenya, with the parties agreeing to first attempt resolution through alternative dispute resolution (ADR) — including mediation facilitated by the Nairobi Centre for International Arbitration (NCIA) or another mutually agreed mediator — before pursuing litigation.
These Terms are intended to comply with the following Kenyan legislation, among others:
For any questions, complaints, or requests relating to these Terms or your use of the Platform, please contact us through any of the following channels:
📧 Email: bengamu.tech@gmail.com
📞 Phone: +254 748 127 757
🌐 Website: www.kenolmarketplace.co.ke
📍 Bengamu Tech Ltd, Kenol Town, Murang'a County, Kenya
Response time: Within 2 working days for general enquiries; within 5 working days for formal dispute submissions.