Terms of Use.

1Introduction and Acceptance

These Terms of Service ("Terms") govern your access to and use of the website, mobile application, and social media, WhatsApp ordering channels operated by Agrizen Foods ("Agrizen", "we", "us", or "our") (together, the "Platform"), including all subscription plans, standalone product purchases, and HORECA (Hotel, Restaurant, and Catering) accounts offered through the Platform.

By creating an account, placing an order, subscribing to a plan or basket, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you should not use the Platform. These Terms should be read together with our Privacy Policy, which explains how we handle personal data.

If you are using the Platform on behalf of a business, such as a restaurant or hotel operating a HORECA account, you confirm that you have the authority to bind that business to these Terms.

2Company Information

3Definitions

Platform: Our website, mobile application, and social media, WhatsApp ordering channels, collectively.

Subscription/foods baskets Plan: One of our recurring subscriptions and foods baskets under which a bundle of products is delivered on a regular schedule.

Standalone Purchase: A one-off order of products, including our standalone protein range, made outside of a Subscription/food basket Plan.

HORECA Account: A business account held by a hotel, restaurant, catering business, or similar commercial customer.

Delivery Zone: One of our designated residential or commercial delivery areas, currently comprising Nairobi and its environs.

Order: A confirmed request for products, whether placed under a Subscription Plan, as a Standalone Purchase, or through a HORECA Account.

Sourcing Partner: An independent supplier from whom Agrizen procures products for resale, including Agristead Meats, GBL Dairy, and Grazers Barn etc.

4Eligibility

To use the Platform, you must be at least 18 years old and capable of entering into a legally binding contract under Kenyan law. HORECA Accounts must be registered by an authorized representative of the business. We reserve the right to refuse service or terminate an account where these requirements are not met.

5Account Registration

To place an Order, you will generally need to create an account by providing accurate and complete information, including your name, contact details, and delivery address. You are responsible for:

• Maintaining the confidentiality of your account login credentials
• All activity that occurs under your account
• Notifying us promptly of any unauthorized use of your account
• Keeping your account and delivery information up to date

We reserve the right to suspend or terminate accounts that provide false information or are used in breach of these Terms.

6Description of Services

Agrizen Foods is a curated premium food reseller offering chilled, frozen, and ambient-temperature grocery products sourced from independent Sourcing Partners. Our services include:

• Subscription plan/food baskets across different subscription baskets each with a defined product bundle and price
• Standalone product purchases, including our standalone protein range, available outside of a subscription or foods basket
• HORECA Accounts for business customers with tailored ordering arrangements
• Scheduled delivery within our designated Delivery Zones

Product availability, SKUs, and pricing may vary over time and are subject to change without affecting Orders already confirmed.

7Subscription Terms

7.1 Subscription Tiers and Foods Baskets

Prices are subject to change. Where we change subscription and basket pricing, we will notify in advance of the change taking effect on their next billing cycle.

7.2 Billing and Renewal

Subscriptions are billed in advance and automatically renew at the end of each billing cycle unless cancelled in accordance with Section 7.4. Payment is due at the time of subscription and each renewal.

7.3 Changing Your Plan

You may upgrade or downgrade your subscription tier by contacting our customer care team or through your account settings, where available. Changes typically take effect from the next billing cycle.

7.4 Cancellation

You may cancel your subscription at any time by contacting us at agrizenfoods@gmail.com or +254107100373. Cancellation will take effect at the end of the current billing cycle. We do not provide partial refunds for the unused portion of a billing cycle, except where required by law or at our discretion in cases of service failure.

8Orders and Payment

Orders are confirmed once payment has been successfully processed. We accept payment via mobile money M-Pesa, Airtel Money and card, processed through our third-party payment providers. We do not store full card numbers or mobile money PINs; only limited transaction references are retained, as described in our Privacy Policy.

We reserve the right to decline or cancel an Order, including where: payment cannot be verified, product availability changes after an Order is placed, or we suspect fraudulent activity. Where an Order is cancelled after payment, we will process a refund in accordance with Section 11.

9Pricing and Taxes

All prices displayed on the Platform are in Kenya Shillings (KSh) and are inclusive of applicable taxes unless otherwise stated. We take reasonable care to ensure pricing accuracy, but in the event of a pricing error, we reserve the right to correct the error and, where an Order has already been placed at an incorrect price, to contact you before fulfilling the Order.

10Delivery Terms

We currently deliver within Nairobi and its environs. Deliveries generally follow a predetermined method that will be communicated via our website.

10.1 Cold Chain Commitment

Chilled and frozen products are transported in accordance with our internal cold-chain standards, with target delivery windows of 90 minutes for frozen products and 120 minutes for chilled products from dispatch to delivery, in order to preserve product quality and safety.

10.2 Delivery Address

You are responsible for providing an accurate delivery address and ensuring someone is available to receive the Order within the agreed delivery window. You may save multiple delivery addresses and select your preferred address at checkout, as described in our Privacy Policy.

10.3 Failed Deliveries

If a delivery cannot be completed due to an incorrect address, unavailability of the recipient, or another reason outside our control, we will attempt to contact you to arrange redelivery. Additional charges may apply for repeated failed deliveries, and perishable products that cannot be safely redelivered within cold-chain limits may need to be discarded for food-safety reasons.

11Cancellations, Returns and Refunds

Given the perishable nature of many of our products, our approach to returns and refunds is as follows:

• You may cancel a Standalone Purchase before it has been dispatched for delivery, for a full refund
• Once a chilled or frozen Order has been dispatched, it generally cannot be cancelled due to food-safety and cold-chain handling requirements
• If a product arrives damaged, spoiled, or materially different from what was ordered, contact us within 24 hours of delivery with details and, where possible, photographic evidence, and we will arrange a replacement, credit, or refund
• Refunds are processed to the original payment method or as account credit, at your election where reasonably possible

This section does not affect any statutory rights you have under the Consumer Protection Act.

12Product Quality and Food Safety

We source products from vetted Sourcing Partners and apply internal quality control checks prior to dispatch, consistent with applicable KEBS and KEPHIS standards. Certain product batches may be tested through our third-party testing partner as part of our quality assurance process.

While we take reasonable care to ensure product quality and safety, you should inspect products upon delivery and report any concerns promptly using the process described in Section 11. If you have specific dietary requirements, allergies, or sensitivities, you are responsible for reviewing product information before ordering.

13Acceptable Use

When using the Platform, you agree not to:

• Provide false or misleading information
• Use the Platform for any unlawful purpose
• Attempt to interfere with or disrupt the security or functioning of the Platform
• Use automated means to access or scrape the Platform without our consent
• Misuse the review or feedback features to post abusive, defamatory, or fraudulent content
• Resell products purchased through the Platform for commercial purposes without a valid HORECA Account or our prior written consent

We reserve the right to suspend or terminate access to the Platform for any breach of this section.

14Intellectual Property

All content on the Platform, including our name, logo, product descriptions, photography, and design, is owned by or licensed to Agrizen Foods and is protected by applicable intellectual property laws. You may not copy, reproduce, or use our content for commercial purposes without our prior written consent. Sourcing Partner brand names and marks remain the property of their respective owners and are displayed with their consent.

15Reviews and User Content

If you submit a product review, rating, or other content to the Platform, you grant Agrizen Foods a non-exclusive, royalty-free licence to display and use that content in connection with the Platform. You remain responsible for ensuring your content is accurate, lawful, and does not infringe the rights of others. We reserve the right to moderate, edit, or remove content that breaches these Terms.

16Our Sourcing Partners

Agrizen Foods curates and resells products sourced from independent partners, including Agristead Meats, GBL Dairy, and Grazers Barn. Agrizen Foods is the seller of record for all products purchased through the Platform, and these Terms govern your purchase regardless of the originating Sourcing Partner. Sourcing Partner names are displayed for transparency and to recognize their role in our supply chain.

17HORECA Accounts

Business customers may apply for a HORECA Account to access tailored ordering arrangements, including adjusted order volumes and billing terms. HORECA Accounts are subject to these Terms in addition to any separate commercial agreement entered into between Agrizen Foods and the business. Where there is a conflict between these Terms and a signed commercial agreement, the commercial agreement will prevail for that account.

18Limitation of Liability

To the fullest extent permitted under Kenyan law, Agrizen Foods shall not be liable for indirect, incidental, or consequential loss arising from your use of the Platform or products purchased through it. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under the Consumer Protection Act or other applicable law, including liability for death, personal injury, or fraud.

Where liability cannot be excluded, our total liability for any claim arising from an Order is limited to the amount paid for that Order, except where mandatory law provides otherwise.

19Warranties and Disclaimers

We warrant that products supplied through the Platform will be of satisfactory quality and fit for the purpose for which food products of that kind are ordinarily used, in accordance with the Sale of Goods Act and Consumer Protection Act. Beyond these statutory warranties, the Platform and its content are provided on an "as is" and "as available" basis, and we do not guarantee uninterrupted or error-free operation of the Platform.

20Indemnification

You agree to indemnify and hold Agrizen Foods harmless from any claim, loss, or expense arising from your breach of these Terms, misuse of the Platform, or violation of applicable law, except to the extent caused by our own negligence or breach of these Terms.

21Termination and Suspension

We may suspend or terminate your access to the Platform, including cancelling an active subscription, where you breach these Terms, provide false information, or engage in fraudulent or abusive conduct. You may close your account at any time by contacting customer care. Termination does not affect any rights or obligations that accrued prior to termination, including payment obligations for Orders already placed.

22Dispute Resolution and Governing Law

These Terms are governed by the laws of the Republic of Kenya. If you have a dispute regarding an Order or your use of the Platform, please contact us first at agrizenfoods@gmail.com so that we can attempt to resolve it informally. Unresolved disputes shall be subject to the exclusive jurisdiction of the courts of Kenya, without prejudice to any right you may have to refer a consumer complaint to a relevant regulatory authority.

23Force Majeure

We shall not be liable for any delay or failure to perform our obligations under these Terms where such delay or failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, extreme weather, civil unrest, power or network outages, or supply chain disruption affecting our Sourcing Partners.

24Changes to These Terms

We may update these Terms from time to time to reflect changes in our services or legal obligations. Material changes will be communicated through the Platform or by email prior to taking effect. The "Last Updated" date at the top of these Terms indicates when they were last revised. Continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

25Contact Information

See also our Privacy Policy.