These Terms of Service ("Terms") constitute a legally binding agreement between you and M-Patanisho Limited ("M-Patanisho", "we", "our", or "us") governing your use of the M-Patanisho marketplace platform, including the website at mpatanisho.com and any associated mobile applications. By creating an account or using our services, you agree to be bound by these Terms. If you do not agree, you must not use the platform.
You must be at least 18 years of age and a resident of Kenya to use M-Patanisho. By registering, you represent and warrant that you meet these requirements. Businesses registering on the platform must be duly incorporated or registered under Kenyan law.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep your profile information up to date. M-Patanisho reserves the right to suspend or terminate accounts that contain false or misleading information.
Admin and Master Admin accounts are additionally protected by Google Authenticator two-factor authentication (TOTP). You are solely responsible for securing your authenticator device and backup codes.
M-Patanisho is a trust-layer marketplace that connects buyers, sellers, and delivery riders in Kenya. We facilitate transactions but are not a party to the sale contract between buyers and sellers. We do not own, inspect, or warrant any goods listed on the platform.
Sellers must complete identity verification (KYC) before listing products. By listing a product, you represent that you have the legal right to sell it, that the product description and photographs are accurate, and that the product complies with all applicable Kenyan laws and regulations.
Sellers are prohibited from listing counterfeit goods, prohibited substances, weapons, or any items whose sale is restricted or illegal under Kenyan law. Violation of this provision will result in immediate account suspension and may be reported to the relevant authorities.
Sellers agree to fulfil confirmed orders within the stated processing time. Repeated failure to fulfil orders or cancellation of confirmed orders may result in account suspension and forfeiture of any pending escrow funds subject to dispute resolution.
Buyers are responsible for reviewing product listings carefully before placing an order. By completing a payment, you confirm your intent to purchase the listed item at the stated price. M-Patanisho's escrow system holds your payment securely until you confirm delivery or the dispute resolution process concludes.
Buyers must confirm delivery or raise a dispute within 48 hours of the rider marking an order as delivered. Failure to take action within this window will result in automatic escrow release to the seller.
When a buyer initiates payment via M-Pesa, the funds are held in M-Patanisho's escrow account. The seller is notified and must confirm the order. Funds are released to the seller only after the buyer confirms delivery via QR code scan or after the 48-hour automatic release window expires without a dispute.
All payments are processed through Safaricom's M-Pesa Daraja API. By initiating a payment, you authorise M-Patanisho to request an M-Pesa STK Push to your registered phone number. Standard Safaricom transaction charges may apply. M-Patanisho is not responsible for delays or failures caused by Safaricom's systems.
M-Patanisho charges a platform fee on each completed transaction. The current fee schedule is displayed on the seller's dashboard and may be updated with 30 days' notice. Fees are deducted from the escrow amount before release to the seller.
Seller payouts are processed to the seller's registered M-Pesa number on a rolling basis as escrow funds are released. Payouts are subject to a minimum threshold and may be delayed during public holidays or periods of M-Pesa system maintenance.
If a buyer raises a dispute within 48 hours of delivery confirmation, the escrow funds are frozen pending review. M-Patanisho's dispute resolution team will review evidence submitted by both parties (photographs, chat messages, delivery confirmation records) and issue a binding decision within 5 business days. The decision of M-Patanisho's dispute resolution team is final and binding on both parties.
Frivolous or bad-faith disputes may result in account penalties. Repeated abuse of the dispute system may result in account suspension.
Riders must complete identity verification before accepting deliveries. Riders are responsible for collecting orders from sellers, maintaining the condition of goods during transit, and completing deliveries to the buyer's specified address. Riders must use the platform's QR code confirmation system to mark deliveries as complete. Riders are independent contractors and are not employees of M-Patanisho.
You agree not to engage in any of the following prohibited activities:
Violation of these prohibitions may result in immediate account termination and may be reported to the Communications Authority of Kenya, the Directorate of Criminal Investigations, or other relevant authorities.
The M-Patanisho platform, including its design, software, trademarks, and content created by M-Patanisho, is owned by M-Patanisho Limited and protected by Kenyan and international intellectual property laws. You may not reproduce, distribute, or create derivative works from our platform content without prior written permission.
By listing products or submitting content to the platform, you grant M-Patanisho a non-exclusive, royalty-free licence to display, reproduce, and distribute your content solely for the purpose of operating and promoting the platform.
To the maximum extent permitted by Kenyan law, M-Patanisho's total liability to you for any claim arising from your use of the platform shall not exceed the total fees paid by you to M-Patanisho in the 12 months preceding the claim. M-Patanisho is not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, loss of data, or business interruption.
M-Patanisho does not guarantee the quality, safety, or legality of items listed by sellers, the accuracy of seller descriptions, or the ability of sellers to complete transactions.
You agree to indemnify, defend, and hold harmless M-Patanisho Limited, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the platform, your violation of these Terms, or your violation of any third-party rights.
You may close your account at any time by contacting support. M-Patanisho may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law. Upon termination, your right to use the platform ceases immediately. Pending escrow funds will be handled in accordance with our dispute resolution process.
These Terms are governed by and construed in accordance with the laws of Kenya. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Kenya. Before initiating formal legal proceedings, both parties agree to attempt resolution through M-Patanisho's internal dispute resolution process.
We may update these Terms from time to time. We will notify you of material changes by posting a notice on the platform at least 14 days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.
For questions about these Terms, please contact: