Terms of Service

The platform is intended for business use only. You may use it only if you are at least 18 years old and are acting on behalf of a business, cooperative, trader or other commercial undertaking, or are yourself trading in a commercial capacity. It is not intended for consumer purchases.

If you register on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms, and “you” means both you and that organisation.

You must not use the platform if you are subject to sanctions, or located in a jurisdiction, that would make your use unlawful under applicable Kenyan or international law.

You must provide accurate, current and complete information when registering, and keep it up to date. Company names, countries of operation, contact details and business descriptions must reflect reality.

You are responsible for keeping your login credentials confidential and for all activity that takes place under your account. Tell us promptly at contactus@aminiafrisource.com if you believe your account has been accessed without your authorisation.

One person or organisation may not operate multiple accounts to evade suspension, to inflate apparent supply, or to misrepresent themselves as unrelated parties.

Amini is a listing and introduction platform. We publish listings submitted by suppliers, let buyers browse and compare them, and pass quote requests from buyers to suppliers. That is the whole of the service.

Amini is expressly not:

• a party to any contract, trade, sale or agreement between users;
• a payment processor, escrow agent, or holder of funds;
• a broker, freight forwarder, carrier or customs agent;
• a custodian of, or inspector of, any goods listed or traded;
• a guarantor of the existence, quality, safety, legality, origin, quantity or description of any goods, or of any counterparty’s identity, solvency, licensing, or willingness or ability to perform.

All negotiation, contracting, payment, inspection, insurance, export and import compliance, shipping and dispute resolution take place directly between buyer and supplier, at their own risk. You are responsible for carrying out your own due diligence on any counterparty before committing funds or goods.

If you list goods on the platform, you must ensure that:

• every listing accurately describes the goods, including quantity, unit, grade, condition, origin and price basis, and does not mislead by omission;
• images and documents you upload depict the actual goods or your actual operation, and you have the right to use them;
• you are legally entitled to sell the goods and hold any licence, permit, phytosanitary certificate or export authorisation required;
• listings that are no longer available are updated or withdrawn promptly, and quote requests are answered honestly, including where you cannot supply.

We may remove, edit or decline to publish any listing at our discretion, including where it appears inaccurate, unlawful or in breach of these Terms.

You must not use the platform to:

• defraud, deceive or mislead another user, or impersonate any person or business;
• post false, duplicated, spam or deliberately misleading listings or messages;
• harvest other users’ contact details for unsolicited marketing;
• post unlawful, defamatory, harassing, discriminatory or obscene content, including in community posts and comments;
• interfere with the platform’s operation or security, attempt to access data you are not authorised to access, or scrape the platform by automated means without our written permission.

The following goods may not be listed or traded through the platform:

• counterfeit, pirated or infringing goods of any kind;
• endangered species, and any wildlife product restricted under CITES — including ivory, rhino horn, pangolin scales, and protected timber, corals and skins;
• controlled substances, narcotics, precursor chemicals, and unlicensed or falsified pharmaceuticals;
• weapons, ammunition, explosives, and military or dual-use controlled equipment;
• human remains or human tissue;
• stolen goods, and goods sourced in breach of applicable sanctions;
• any other goods whose sale is unlawful in the country of origin or destination.

We report suspected trafficking in protected wildlife, controlled substances or weapons to the relevant authorities.

You keep all ownership of the listings, images, company information, community posts and other content you upload (“Your Content”).

You grant Raevin Upsurge Ltd a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt for formatting and display purposes, publish and distribute Your Content, for the purposes of operating, promoting and improving the platform. This licence lasts as long as Your Content is on the platform, and for a reasonable period afterwards in backups and cached copies.

You confirm you own Your Content or have the rights necessary to grant this licence, and that it does not infringe anyone else’s intellectual property or privacy rights.

The platform itself — including the Amini and Amini Afrisource names, logos, design and software — belongs to Raevin Upsurge Ltd and may not be copied or used without our written permission. If you believe content on the platform infringes your rights, write to contactus@aminiafrisource.com with details and we will investigate.

The platform is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including as to merchantability, fitness for a particular purpose, accuracy and non-infringement.

Listings and company information are supplied by users. We do not independently verify them and make no representation that any listing, supplier or buyer is accurate, genuine, licensed or creditworthy. We do not guarantee the platform will be uninterrupted or error-free.

To the fullest extent permitted by law, Raevin Upsurge Ltd, its directors, employees and agents are not liable for any indirect, incidental, special, consequential or exemplary loss, or for loss of profit, revenue, goodwill, business opportunity, data or anticipated savings, arising out of or in connection with your use of the platform.

In particular, we are not liable for any loss arising from a transaction between users, including non-payment, non-delivery, defective or misdescribed goods, seizure of goods, or fraud by a counterparty.

Where liability cannot lawfully be excluded, our total aggregate liability to you is limited to the greater of the fees you paid us in the twelve months before the event giving rise to the claim, or KES 10,000.

Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

You will indemnify Raevin Upsurge Ltd against claims, losses and reasonable costs arising from your breach of these Terms, your content, your listings, or any transaction or dispute between you and another user.

You may stop using the platform and close your account at any time by contacting us.

We may suspend or terminate your account, or remove content, with or without notice, where we reasonably believe you have breached these Terms, where your activity exposes other users or us to legal risk or harm, or where we are required to do so by law. Where it is reasonable to do so, we will tell you why and give you an opportunity to respond.

Sections 3, 6, 7, 8, 9 and 12 survive termination. Termination does not affect any obligations you have already incurred to another user.

Our handling of personal data is described in our Privacy Policy, which forms part of these Terms.

These Terms and any dispute arising from them or from your use of the platform are governed by the laws of Kenya. The courts of Kenya have exclusive jurisdiction.

Before starting proceedings, please contact us at contactus@aminiafrisource.com so we can try to resolve the matter directly.

We may update these Terms as the platform develops or the law changes. The “last updated” date above always reflects the current version. Where a change materially affects your rights, we will give reasonable notice — by email or by a notice in the platform — before it takes effect. Continuing to use the platform after a change takes effect means you accept the updated Terms.

Raevin Upsurge Ltd, Nairobi, Kenya.
Email: contactus@aminiafrisource.com