Terms and Conditions

1. Agreement and acceptance

These Terms and Conditions form an agreement between you and the Kenya Renewable Energy Association (“KEREA”, “we”, “us” or “our”) concerning your use of marketplace.kerea.org and related marketplace services.

By accessing or using the marketplace, creating an account, submitting a product, requesting a quotation, adding a product to a cart or placing an order, you confirm that you have read and accepted these Terms and our Privacy Policy. If you do not agree, you must not use the marketplace.

If you use the marketplace for an organisation, you confirm that you have authority to bind that organisation. Where the marketplace presents a checkbox or acceptance button, selecting it constitutes your electronic acceptance of the applicable agreement.

Definitions

Customer

A person or organisation browsing products, requesting a quotation or purchasing through the marketplace.

Vendor

A business or supplier that maintains an account, publishes products, responds to quotations or supplies goods or services through the marketplace.

Listing

Product information submitted or maintained by a vendor, including descriptions, images, price, availability and supporting documents.

Order

A customer request to purchase a listed product, subject to confirmation, availability, payment and any vendor-specific terms disclosed before completion.

Get Quote

A product for which the final price or scope must be confirmed directly by the vendor before a binding purchase is completed.

2. The role of the KEREA Marketplace

The marketplace helps customers discover clean cooking solutions and connect with vendors. It may provide product browsing, quotation, cart, order, payment-status, communication and marketplace administration features.

Unless KEREA is expressly identified as the seller:

• KEREA is not the manufacturer, owner, installer or supplier of a listed product.
• The sales contract for a product is between the customer and the relevant vendor.
• The vendor is responsible for product quality, safety, conformity, availability, pricing, taxes, delivery, installation, warranty and after-sales service.
• KEREA does not guarantee that a customer and vendor will complete a transaction.

KEREA may facilitate communications, marketplace records or dispute resolution, but doing so does not make KEREA a party to the vendor-customer contract.

Listing publication and moderation

Authorised vendors control their product additions, edits and deletions, and those changes may be published immediately without prior administrative approval. KEREA does not pre-approve every listing or update. Vendors remain fully responsible for everything they publish.

KEREA reserves the right to review, correct the presentation of, restrict, hide or remove a listing or account where reasonably necessary to address illegality, fraud, safety concerns, intellectual-property complaints, misleading information, technical problems or a breach of these Terms. This moderation right does not transfer the vendor's legal responsibility to KEREA.

3. Eligibility, accounts and security

You must be at least eighteen years old and legally capable of entering an agreement to create an account, purchase a product or register as a vendor. An organisation may act through an authorised representative.

You agree to:

• Provide accurate, current and complete registration and transaction information.
• Keep your login credentials confidential and use a suitably strong password.
• Not share an account with an unauthorised person or impersonate another person or organisation.
• Promptly update information that changes.
• Notify KEREA promptly if you suspect unauthorised access or misuse of your account.

You are responsible for activity performed through your account to the extent permitted by law. KEREA may require reasonable identity or business verification before enabling certain features.

4. Vendor obligations

A vendor must be duly authorised to operate its business and supply every product or service it lists. The vendor must comply with all laws, standards, permits, tax requirements, consumer-protection duties, advertising rules and sector requirements applicable to its operations and products.

Each vendor agrees that its listings and communications will:

• Be truthful, accurate, current and not misleading.
• Clearly describe the product, capacity, material features, price or quotation basis, included and excluded services, applicable taxes, availability, warranty and delivery limitations.
• Use product images and documents the vendor owns or is authorised to use.
• Not make unsubstantiated health, environmental, efficiency, safety or performance claims.
• Not offer prohibited, counterfeit, unsafe, recalled or unlawfully obtained products.
• Be updated or removed promptly when information or availability changes.

Certified Green designation

The marketplace's Certified Green label is reserved for qualifying products in the Improved Biomass Cookstoves category. Other categories must not display or imply that marketplace label.

A vendor using the label must hold current and verifiable supporting certification or approval applicable to the specific product and must provide it when reasonably requested. The label does not replace the customer's review of specifications, certificates, installation requirements, warranties or fitness for the intended use.

Customer data

A vendor may use customer personal data received through the marketplace only for the relevant enquiry, quotation, transaction, delivery, support or another lawful purpose communicated to the customer. Vendors must protect that data and comply with the Data Protection Act, 2019 and other applicable privacy requirements.

5. Product information, quotations and orders

Product information

Product descriptions, images, specifications, prices and availability are supplied or maintained by vendors. Colours, dimensions and appearance may vary slightly due to screens, photography, manufacturing changes or product configuration. Customers should confirm material requirements with the vendor before purchasing.

Prices

Prices are displayed in Kenya shillings unless stated otherwise. A displayed price should identify applicable taxes and compulsory charges where required. Delivery, installation, accessories, site works or other services may cost extra if clearly disclosed before the customer confirms the transaction.

KEREA or a vendor may correct an obvious pricing or description error before the order is accepted. If an affected payment has already been made and the order cannot lawfully be fulfilled at the confirmed price, the responsible vendor or payment recipient must provide the remedy required by law.

Get Quote products

A displayed value of zero for an improved biomass product or another quotation-based solution does not mean that the product is free. The marketplace displays Get Quote instead. A quote request is an invitation for the vendor to provide price, availability, scope, delivery, installation and validity details.

A quotation is not binding until its terms are accepted in the manner specified by the vendor and any required payment or confirmation is completed. If a quotation conflicts with a generic listing, the clearly disclosed quotation terms for that transaction will apply, subject to mandatory law.

Order formation

Submitting an order is an offer to purchase. An automated acknowledgement confirms receipt but does not necessarily mean that the vendor has accepted the order. A binding sales agreement is formed when the vendor confirms acceptance, the marketplace records the order as accepted or paid, or the vendor begins fulfilment, depending on the disclosed checkout process.

A vendor may decline or cancel an order for a lawful reason, including unavailable stock, inability to deliver, a pricing error, suspected fraud or failure to receive payment. The customer must be informed, and any amount due for refund must be handled in accordance with applicable law and the payment method's processing timelines.

Payments

Payments may be processed by banks, mobile-money operators or payment service providers. Their terms may also apply. You must use a payment method you are authorised to use and must not reverse, dispute or manipulate a legitimate transaction fraudulently.

Marketplace payment status may depend on confirmation from a third-party provider. A pending status is not proof of payment. Keep the official order number and transaction reference and contact support if the payment status appears incorrect.

Delivery, installation and inspection

The vendor is responsible for providing disclosed delivery estimates, charges and restrictions. Delivery dates are estimates unless expressly guaranteed. The customer must provide a complete delivery address, safe access and an authorised recipient.

Where professional installation, commissioning, site preparation or user training is required, the customer should not install or operate the product contrary to manufacturer or vendor instructions. On delivery, the customer should inspect the product and notify the vendor promptly of visible damage, missing parts or an incorrect item.

6. Returns, cancellations, warranties and consumer rights

Nothing in these Terms excludes, restricts or waives a right or remedy that cannot lawfully be excluded under the Constitution of Kenya, the Consumer Protection Act, the Sale of Goods Act or other applicable law.

Before completing an online transaction, customers should be given a reasonable opportunity to review the product, quantity, price, mandatory charges, delivery details and contact information and to correct errors. Customers should retain the order confirmation, quotation, receipt and vendor warranty.

Returns, exchanges, cancellations and refunds are handled according to:

1. Mandatory consumer rights under applicable law;
2. The vendor's policy disclosed before purchase;
3. The product warranty or guarantee; and
4. The nature and condition of the product, including whether it was customised, installed, used or damaged after delivery.

A vendor policy cannot remove a mandatory consumer right. Customers should contact the vendor and KEREA support promptly, provide the order number and explain the requested remedy. Products should not be returned to KEREA's office unless KEREA has expressly authorised that return.

7. User content, intellectual property and acceptable use

KEREA content

The marketplace design, software, text, graphics, compilation, branding and KEREA names and logos are owned by or licensed to KEREA and are protected by applicable intellectual-property law. These Terms grant only a limited, revocable, non-exclusive right to use the marketplace for its intended purpose.

Content submitted by users and vendors

You retain ownership of content you lawfully submit. You grant KEREA a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, display and distribute that content as reasonably necessary to operate, promote and improve the marketplace. You confirm that you have all rights and permissions required to grant this licence.

Prohibited conduct

You must not:

• Use the marketplace for fraud, deception, unlawful trade or any illegal purpose.
• Upload malware, interfere with security, scrape the marketplace excessively or attempt unauthorised access.
• Manipulate orders, payments, views, ratings, referrals or marketplace analytics.
• Collect or use another person's personal data without a lawful basis.
• Copy KEREA branding, content or software except as permitted by law or written authorisation.
• Publish defamatory, discriminatory, abusive, infringing, dangerous or deliberately misleading material.
• Use the Certified Green label outside its permitted category or without valid supporting evidence.

8. Privacy and marketplace communications

Our Privacy Policy explains how KEREA collects and processes account, order, device, product-view, approximate location and referral information. By using the marketplace, you acknowledge that policy.

You agree that KEREA may send operational communications needed for your account or transaction, including security notices, quotation messages, order confirmations, payment updates and support responses. Marketing communications will be handled in accordance with applicable consent and opt-out requirements.

9. Third-party services and links

The marketplace may link to vendor websites, social networks, map services, payment providers or other third-party services. KEREA does not control their content, availability, security or terms. Your use of a third-party service is governed by that provider's terms and privacy policy.

A link or integration does not by itself mean KEREA endorses every statement, product or service offered by the third party.

10. Availability, maintenance and changes

KEREA may maintain, update, secure, suspend or change marketplace features. We aim to keep the service available but do not guarantee uninterrupted or error-free operation. Access may be affected by maintenance, internet failures, cyber incidents, third-party services or events outside reasonable control.

KEREA may discontinue a feature or the marketplace after providing reasonable notice where practicable. Existing transaction obligations between customers and vendors remain enforceable according to their terms and applicable law.

11. Suspension and termination

You may stop using the marketplace at any time. You may request account closure, subject to retention of transaction or legal records described in the Privacy Policy.

KEREA may restrict, suspend or terminate access where reasonably necessary because of a material or repeated breach, suspected fraud, unlawful conduct, security risk, non-payment, harmful listings or a legal requirement. Where appropriate and lawful, KEREA will provide notice and a reasonable opportunity to respond.

Termination does not cancel accrued payment obligations, completed transactions, warranties, consumer rights or provisions that by their nature should continue, including intellectual property, liability, dispute and governing-law provisions.

12. Disclaimers and limitation of liability

The marketplace is provided on an “as available” basis. To the maximum extent permitted by law, KEREA does not make warranties about uninterrupted access, the accuracy of vendor-supplied content, product availability or the completion of a transaction between a customer and vendor.

Product content is for general marketplace information and is not engineering, medical, environmental, financial or legal advice. Customers remain responsible for selecting a product suitable for the intended location, fuel, electrical supply, capacity and use and for following applicable safety and installation requirements.

To the maximum extent permitted by law, KEREA will not be liable for indirect, incidental, special or consequential loss arising from vendor conduct, a product defect, installation, third-party service or marketplace interruption where KEREA did not cause that loss through its own unlawful conduct, negligence or breach of duty.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence, breach of mandatory data-protection duties, mandatory consumer remedies or any liability that cannot lawfully be excluded or limited.

Vendor responsibility and indemnity

A vendor is responsible for claims, losses or regulatory action arising from its unlawful listing, product, certification claim, fulfilment, customer-data use or breach of these Terms. To the extent permitted by law, the vendor will indemnify KEREA against third-party claims directly resulting from that conduct, except to the extent caused by KEREA's own unlawful act, negligence or breach.

Events outside reasonable control

Neither KEREA nor a vendor is responsible for delay caused by events outside reasonable control, provided the affected party takes reasonable steps to reduce the impact and communicates material delays. Customer refund and consumer rights continue to apply where required by law.

13. Complaints, disputes and governing law

If a dispute concerns a product, quote, delivery, installation, warranty or refund, the customer should first contact the relevant vendor and provide the order or quotation reference. The customer may also contact KEREA for reasonable marketplace assistance.

The parties should attempt in good faith to resolve a dispute through direct discussion. This does not prevent a customer from contacting a regulator, seeking an urgent remedy or exercising a statutory right.

These Terms are governed by the laws of Kenya. Subject to mandatory consumer rights and any legally required forum, the courts of Kenya have jurisdiction over disputes connected with the marketplace.

14. General provisions

Changes to these Terms

KEREA may update these Terms to reflect marketplace, legal or operational changes. The revised Terms will be published with a new “Last updated” date. Material changes will apply prospectively and additional notice will be provided where required. Terms accepted for an existing order continue to govern that order unless the parties lawfully agree otherwise.

Severability

If a provision is held invalid or unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue to apply.

No waiver

A delay or failure to enforce a provision is not a waiver of that provision or any other right.

Assignment

You may not transfer your account or rights under these Terms without KEREA's written consent. KEREA may transfer its marketplace rights and obligations as part of a lawful organisational restructuring or service transfer, subject to applicable data-protection and consumer requirements.

Entire agreement

These Terms, the Privacy Policy, information disclosed at checkout, an accepted quotation and any applicable vendor terms form the agreement relating to the relevant marketplace use or transaction. If transaction-specific terms conflict with these general Terms, the transaction-specific terms apply to that transaction unless they remove a mandatory legal right.

15. Contact us

Questions, marketplace complaints and notices concerning these Terms may be directed to: