Terms of Service

1. Introduction

Welcome to Eco-Mali Exchange Limited ("EcoMali", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our digital waste exchange platform, including our website, mobile applications, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.

2. User Agreement

By using this platform, users agree to:

• Provide Accurate Information: Users must provide accurate, complete, and truthful information when uploading waste listings, creating accounts, or engaging in transactions.
• Comply with Regulations: Users must follow all applicable county and national waste management regulations, including but not limited to NEMA Kenya Waste Management Regulations.
• Platform Role Understanding: Users acknowledge that EcoMali is a connector platform, not the owner of waste. EcoMali facilitates connections between waste generators and recyclers but does not take ownership or liability for the waste itself.
• Data Usage Consent: Users permit EcoMali to store and analyze data for platform optimization, service improvement, and compliance with regulatory requirements.
• Ethical Use: Users must use the platform ethically and avoid illegal dumping, misreporting waste types or quantities, or any fraudulent activities.
• Account Responsibility: Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.

3. Platform Services

3.1 Waste Exchange Service

EcoMali provides a digital marketplace connecting waste generators with licensed recyclers. We facilitate:

• Waste listing and discovery
• Bidding and transaction management
• Payment processing (subject to commission)
• Data analytics and reporting

3.2 Commission Structure

EcoMali charges a commission on completed transactions based on total transaction value:

• 5% commission for transactions ≥ KES 100,000
• 6% commission for transactions ≥ KES 50,000
• 7% commission for transactions ≥ KES 10,000
• 8% commission for transactions < KES 10,000

Commission is automatically calculated and deducted from the transaction amount before payment to the waste generator.

4. User Obligations and Prohibited Activities

4.1 Prohibited Activities

Users are strictly prohibited from:

• Uploading false or misleading information about waste
• Listing hazardous or prohibited waste types without proper documentation
• Engaging in fraudulent transactions or payment manipulation
• Illegal dumping or improper waste disposal
• Harassing, threatening, or abusing other users
• Violating any applicable laws or regulations
• Attempting to circumvent platform security or commission structure
• Using the platform for any illegal or unauthorized purpose

4.2 Waste Quality Standards

Users must accurately represent waste quality and condition. Misrepresentation may result in transaction cancellation, account suspension, or legal action.

5. Account Suspension and Termination

EcoMali reserves the right to suspend or terminate accounts that violate platform rules, including but not limited to:

• Violation of these Terms of Service
• Fraudulent or deceptive practices
• Illegal activities or non-compliance with regulations
• Repeated complaints from other users
• Failure to complete transactions in good faith
• Misrepresentation of waste or services

EcoMali may suspend or terminate accounts immediately, with or without notice, at our sole discretion. Users whose accounts are terminated forfeit any pending transactions and may be prohibited from creating new accounts.

6. Disclaimers and Limitation of Liability

6.1 Platform Role

EcoMali acts as a connector platform only. We do not:

• Own, transport, or handle waste
• Guarantee the quality or quantity of waste listed
• Warrant the reliability or qualifications of users
• Assume liability for transactions between users

6.2 Limitation of Liability

To the maximum extent permitted by law, EcoMali shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Environmental damage or health issues

7. Intellectual Property

All content on the Platform, including but not limited to text, graphics, logos, images, and software, is the property of EcoMali or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Users grant EcoMali a non-exclusive, royalty-free license to use, reproduce, and display content uploaded to the Platform for the purpose of operating and improving the Platform.

8. Modifications to Terms

EcoMali reserves the right to modify these Terms at any time. We will notify users of material changes via email or through the Platform. Continued use of the Platform after such modifications constitutes acceptance of the updated Terms.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising from these Terms or the Platform shall be resolved through:

1. Good faith negotiation
2. Mediation through a mutually agreed mediator
3. Arbitration in accordance with the Arbitration Act of Kenya
4. Courts of competent jurisdiction in Kirinyaga County, Kenya

10. Contact Information

For questions about these Terms of Service, please contact us: