Terms of Service

1. About MarineCatch Africa

MarineCatch Africa Limited ("MarineCatch", "we", "us", or "our") is a technology company incorporated in Kenya. We operate a digital seafood supply chain infrastructure platform that connects fishers, suppliers, buyers, processors, and logistics partners.

MarineCatch Africa is a technology platform and infrastructure provider. We are not a seafood trading company, broker, or agent unless explicitly stated in a separate agreement.

2. Who Can Use the Platform

The platform is available to:

• Registered fishers and fishing cooperatives (BMUs)
• Seafood suppliers, aggregators, and processors
• Buyers including hotels, restaurants, retailers, and exporters
• Logistics and cold chain partners
• Enterprise API partners

Users must be at least 18 years old and legally authorised to conduct business in their jurisdiction.

3. Platform Services

MarineCatch Africa provides:

• Digital inventory management for seafood lots
• Order placement and procurement workflows
• Payment processing via M-Pesa
• Fisher payout services
• Traceability and compliance documentation
• WhatsApp and USSD communication interfaces
• API access for enterprise integrations
• Logistics coordination and cold chain monitoring

4. Inventory and Transactions

Inventory Ownership

Each inventory lot on the platform has a declared ownership type. Sellers are responsible for the accuracy of all inventory data including species, weight, condition, and catch location.

Orders and Fulfillment

When a buyer places an order, it creates a binding commitment subject to inventory availability and payment confirmation. MarineCatch Africa facilitates the transaction but is not the seller unless the inventory is MarineCatch-owned.

Pricing

Prices are set by the inventory owner. MarineCatch Africa charges a platform commission on marketplace transactions. Enterprise pricing is governed by separate agreements.

5. Payments

• Payments are processed via Safaricom M-Pesa
• Platform commission is deducted before fisher payouts
• Payouts are made to registered M-Pesa numbers
• MarineCatch Africa is not liable for M-Pesa service failures
• Disputed transactions must be raised within 48 hours

6. Data and Confidentiality

Your data is protected under our Data Protection Policy. Key principles:

• You own your inventory, pricing, and customer data
• We do not share your data with competitors
• API partners access only data you explicitly authorise
• We comply with Kenya's Data Protection Act, 2019

7. User Responsibilities

By using the platform, you agree to:

• Provide accurate and truthful information
• Not list illegally caught (IUU) seafood
• Comply with Kenya Fisheries Service regulations
• Not misrepresent species, weight, or quality
• Keep your login credentials confidential
• Not attempt to circumvent platform fees
• Not reverse engineer or copy the platform

8. Intellectual Property

MarineCatch Africa owns all rights to the platform software, design, branding, analytics models, and aggregated market intelligence. Users retain ownership of their own data.

You may not copy, reproduce, or create derivative works from the platform without written permission.

9. API Terms

Enterprise API access is subject to:

• Separate API Terms and Conditions
• No resale of API access or data
• No exclusivity agreements
• Rate limits as specified in your plan
• Data usage restricted to agreed purposes

10. Limitation of Liability

MarineCatch Africa provides the platform on an "as is" basis. We are not liable for:

• Disputes between buyers and sellers
• Seafood quality or freshness after delivery
• M-Pesa or telecommunications failures
• Force majeure events
• Losses arising from user error or misuse

Our total liability is limited to the platform fees paid in the 30 days preceding the claim.

11. Suspension and Termination

We reserve the right to suspend or terminate accounts that:

• Violate these terms
• Engage in fraudulent activity
• List IUU or illegal seafood
• Abuse the platform or other users

Users may close their account at any time by contacting support.

12. Governing Law

These Terms are governed by the laws of Kenya. Any disputes will be resolved through the courts of Kenya or through arbitration as agreed by both parties.

13. Changes to Terms

We may update these Terms as the platform evolves. Significant changes will be notified via email or WhatsApp. Continued use of the platform constitutes acceptance.

14. Contact