The Use of the AIS Kilimo App is subject to the following terms and conditions:

1                Definitions and interpretation

1.1            In these Terms and Conditions the following words and expressions (save where the context requires otherwise) bear the following meanings:

 “Equipment” means each and all equipment or tools necessary to facilitate access to AIS Kilimo, including a mobile phone handset and SIM Card;

 “AIS Kilimo” is an application developed by AIS to provide a digital platform for agricultural solutions to small scale farmers;

“AIS” means Africa Instore Solutions Limited, the parent company for the AIS Kilimo App Software;

“Agro Trade or DMA” refers to an entrepreneur trading in agricultural farm inputs either or both crop or livestock inputs

“Field Agents or DVA” refers to individuals working and supporting farmers in aggregating farm input demands, provide extension knowledge and lead farmers to appropriate partners for market linkages for their farm produce

“Farmer” means a person undertaking any farming activities;

“Farmer Profile” means a profile of a Farmer created by AIS Kilimo using the Farming Information;

“Farming Information” means all the data and information relating to a  particular Farmer; and the farming activities undertaken by him/her- including the size and location of the Farm, the type of crops grown, livestock kept, quantity of produce (crops, meat, milk, eggs et cetera as the case may be) harvested, the selling price of the produce, the market price of the produce. This information includes data and information provided by the Farmer to AIS Kilimo (primary data/information);

 “IPRS” means the Integrated Population Registration System set up and maintained by the Government of Kenya under the State Department responsible for Immigration Services and Registration of Persons;

“Farm” means the location including parcel of land that farming activities are undertaken by a Farmer;

“Purpose” means the intention of use of the Software application – driving digital technology to improve agricultural productivity, profitability and sustainability;

“Services” means the services set out in clause 3 that AIS Kilimo may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly;

“SIM Card” means the subscriber identity module which when used with the appropriate mobile phone handset enables you to access the Network

“Registration” means the acceptance of these Terms and Conditions by accepting to provide your data to AIS agent

 “We,” “our,” and “us,” means AIS and includes the successors, affiliates and assigns of AIS Kilimo;

"You" or "your" means the User and includes the personal representatives, successors and assigns of the User;

“User” shall include both the masculine and the feminine gender, as well as juristic persons;

“Parties” means User and AIS, and “Party” means either of the   Parties as the case may be.

Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

2                The Agreement

2.1            This agreement (“Terms and Conditions”) sets out the terms and conditions governing the Registration on AIS Kilimo. These Terms and Conditions shall be available on www.africainstore.co.ke

2.2            You should carefully read and understand these Terms and Conditions which will govern the provision of the Services and which will govern the use and operation of AIS Kilimo.

2.3            Prior to downloading and use of AIS Kilimo, you shall be deemed to have read, understood and accepted these Terms and Conditions:

2.4            These Terms and Conditions shall take effect on the date of acceptance (in accordance with this Agreement) by user (farmer, field agent, DVA, VBA, DMA, supplier, distributor, agent).

2.5            These Terms and Conditions may be amended or varied by AIS from time to time and the continued use of the Services and/or the operation of the AIS Kilimo constitutes your agreement to be bound by the terms of any such amendment or variation.

3                Duties of AIS Kilimo

AIS Kilimo shall provide the following services to users:

3.1            Creating Farmer’s Farmer Profile;

3.2            To record data on farmer’s farm activities;

3.3            Record data on input purchases and/or access to products and services by agro merchant from agro suppliers (Input manufacturers, distributors, stockist, inter trade between merchants)

3.4            The above services, each and together, shall be referred to as the “Services” in this Agreement.

3.4.1        The Services are only available to the Farmers registered by AIS Kilimo.

4                Duties of Farmer

4.1.1        To provide accurate, true and correct information and/or data requested by AIS Kilimo for provision of the Services.

4.1.2        Provide to AIS Kilimo users access to the Farm to enable collection and/or receive Farming Information.

5                Warranties

Farmer warrants that:

He has a right or license to use and or be on the Farm for purposes of        farming.

All information provided by him to AIS Kilimo are true, materially  accurate and a fair representation of the facts and matters thereof.

6                Exclusion of Liability

6.1            AIS Kilimo will not be liable for any losses or damage suffered by you as a result of or in connection with:

6.1.1        unavailability of any farm inputs, implements and/or  equipment and/or any defects thereof;

6.1.2        User’s failure to comply with these Terms and Conditions and any document or information provided by AIS Kilimo concerning the use and operation of the Services.

6.2            AIS Kilimo shall not be responsible for any loss suffered by the user  should the Services be interfered with or be unavailable by reason of (a) the failure of any of your Equipment, or (b) any other circumstances whatsoever not within the AIS control including, without limitation, force majeure or error, interruption, delays or terrorist or any enemy action equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.

6.3            Under no circumstances shall AIS Kilimo be liable to you for  any loss of profit, anticipated savings, any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to AIS.

6.4            All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.

7                Intellectual Property Rights

You acknowledge that the Intellectual Property Rights in AIS Kilimo and any amendments, upgrades, enhancements thereto from time to time and all associated documentation belong to AIS or in other persons that AIS has received licenses from.

You acknowledge that the Intellectual Property Rights in AIS Kilimo proprietary algorithm, including any and all amendments, upgrades or enhancements thereto from time to time and all associated documentation that AIS provides to you belong to and are owned unreservedly by AIS. You shall not infringe any such intellectual property rights.

You shall not duplicate, reproduce or in any way tamper with AIS Intellectual Property Rights.

8                Indemnity

8.1.1        Any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other software packages or programs.

8.1.2        Any unauthorized access to the Services or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.

8.1.3        Any loss or damage occasioned by the failure by you to adhere to these Terms and Conditions and/or by supplying of incorrect information or any loss which may be incurred by AIS Kilimo as a consequence of any breach of these Terms and Conditions.

8.1.4        Any damages and costs payable by AIS in respect of any claims against AIS to compensate for loss where the particular circumstance is within your control.

9                Variation and Termination

9.1            Without prejudice to AIS Kilimo rights under clause 10.1, AIS (as applicable) may at its sole discretion suspend, temporarily or permanently your access to the Services

9.1.1        if you use the Services for unauthorized or unlawful purposes or where AIS detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;