By accessing the Platform, placing an Order, or creating an account, you unconditionally accept these Terms, our Privacy Policy, Cookie Policy, and Return Policy (collectively, the "Agreement"). The Agreement is binding on you as an individual and, if applicable, the legal entity you represent.
Your continued use of the Platform after any amendment to these Terms constitutes acceptance of the amended Terms without reservation. This constitutes a valid electronic agreement under the Electronic Transactions Act (Kenya).
By using the Platform, you irrevocably represent and warrant that:
Any breach of these warranties shall entitle Afams Ltd to immediately terminate your access and pursue all available legal remedies.
Afams Ltd grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for legitimate personal or commercial purchasing purposes in accordance with these Terms.
Afams Ltd reserves the right, without notice and without liability, to suspend, restrict, or terminate your access to the Platform at any time; refuse service to any User at our sole discretion; or cancel any Order that we reasonably suspect is fraudulent, abusive, or in violation of these Terms.
You are solely responsible for maintaining the confidentiality of your account credentials. You accept full liability for all activities conducted through your account, whether authorised by you or not.
All Products are subject to availability. Afams Ltd makes no warranty that Products will be continuously available. We reserve the right to discontinue any Product at any time without prior notice or liability.
All prices are in Kenyan Shillings (KES). Prices are subject to change without notice. In the event of a pricing error, Afams Ltd reserves the right to cancel the affected Order and issue a full refund. We shall not be liable for losses arising from reliance on an erroneously published price.
Submission of an Order constitutes an offer, not a contract. A binding contract is only formed upon our issuance of an Order confirmation email. Afams Ltd expressly reserves the right to decline any Order for any reason without liability.
All payments must be made in full prior to Order processing. You agree not to initiate chargebacks or payment reversals in bad faith or without first attempting to resolve the matter with us at support@afams.co.ke. Fraudulent chargebacks may result in legal action for recovery of the full amount plus costs.
All promotional offers, discounts, and bundle deals offered by Afams Ltd — including but not limited to free seed packets with FarmBag orders, ProSoil "buy 3 get 1 free" promotions, and any other price reductions — are available to first-time customers only unless explicitly stated otherwise. Each promotion applies once per customer, per household, per billing address, and per payment method. Afams Ltd reserves the right to verify eligibility and withdraw any promotional benefit if misuse or duplicate claims are detected.
Certified Seeds offer: 2 free seed packets are included for each FarmBag purchased (e.g. 3 FarmBags = 6 free seed packets). This offer does not apply to GrowBag orders. Seeds are available as paid add-ons for all other customers at checkout.
ProSoil "Every 3 bags, 1 free" offer: This promo is only available when at least one FarmBag is included in the same order. The maximum benefit is capped at 3 free ProSoil bags per order.
Afams Ltd reserves the right to amend, withdraw, or substitute any promotional offer at any time without prior notice.
Delivery timelines are estimates only. Afams Ltd is not liable for delays caused by third-party courier services, Force Majeure Events, incorrect delivery information, or events outside our control. Risk in Products passes to the User on delivery. Title to Products passes to the User only upon receipt of full payment.
All Intellectual Property on the Platform is the exclusive property of Afams Ltd or its licensors. All rights are reserved. No licence, right, or interest in any Intellectual Property is granted to you except the limited access licence in Clause 4.
You must not copy, reproduce, republish, upload, or distribute any Content without our prior written consent; use any Afams trade marks in a manner likely to cause confusion; reverse engineer any proprietary technology; or frame or mirror any part of the Platform without our written consent.
Unauthorised use of Afams Ltd's Intellectual Property shall constitute infringement and will be pursued vigorously through all available civil and criminal remedies.
The following conduct is strictly prohibited and may result in immediate account termination, civil proceedings, and/or reporting to law enforcement:
The Platform and all Products are provided "as is" and "as available". To the fullest extent permitted by law, Afams Ltd makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted, error-free operation.
Afams Ltd does not warrant that the Platform will be secure, uninterrupted, or free from errors; that any information on the Platform is accurate or complete; or that the Platform is compatible with your device or software.
Read this section carefully. It significantly limits Afams Ltd's liability to you, to the fullest extent permitted by applicable Kenyan law.
The aggregate total liability of Afams Ltd for any and all claims arising from use of the Platform, our Products, or our services shall NOT exceed:
Under no circumstances shall the Afams Parties be liable for loss of profits, revenue, or business; loss of data, goodwill, or reputation; business interruption; indirect, incidental, special, consequential, punitive, or exemplary damages; or any claim arising more than 12 months after the cause of action arose.
Nothing in this clause limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, to the extent such limitation is prohibited by Kenyan law.
You shall fully indemnify, defend, and hold harmless Afams Ltd and all Afams Parties from and against any and all claims, losses, liabilities, damages, costs, and expenses (including full legal fees) arising from your access to or use of the Platform in violation of these Terms; any content you submit; your breach of any representation or warranty; your violation of any applicable law; or fraud, misrepresentation, or wilful misconduct on your part.
Afams Ltd shall not be liable for any failure or delay in performing its obligations where such failure or delay results from any cause beyond our reasonable control, including acts of God, terrorism, epidemics, pandemics, failures of telecommunications networks, power grids, or the internet, industrial disputes, currency controls, or failure of third-party service providers.
If a Force Majeure Event continues for more than 60 days, Afams Ltd may terminate the affected agreement with no liability other than a refund of amounts paid for undelivered Products, where applicable.
These Terms are governed by and construed in accordance with the laws of the Republic of Kenya.
Before initiating any formal legal proceedings, the complaining party must send Afams Ltd written notice at legal@afams.co.ke identifying the dispute and the relief sought. Afams Ltd shall have 30 days to respond and attempt resolution in good faith.
If a dispute is not resolved within 30 days, both parties agree to submit to binding arbitration administered in Nairobi, Kenya, under the Nairobi Centre for International Arbitration (NCIA) Rules. The arbitral award shall be final and binding and may be enforced in any court of competent jurisdiction.
You waive any right to bring claims against Afams Ltd on a class, collective, consolidated, or representative basis. All claims must be brought on an individual basis only.
Afams Ltd reserves the right to seek urgent injunctive or equitable relief in the courts of Nairobi, Kenya. You irrevocably submit to the exclusive jurisdiction of the courts of Nairobi, Kenya for any such proceedings.
Afams Ltd reserves the right to amend, modify, or replace these Terms at any time at its sole discretion. Updated Terms will be posted on the Platform with a revised effective date. Your continued use of the Platform after any amendment constitutes your irrevocable acceptance of the amended Terms.
Afams Ltd may assign or transfer its rights and obligations under these Terms without your consent. You may not assign any of your rights without the prior written consent of Afams Ltd.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
No failure or delay by Afams Ltd in exercising any right shall operate as a waiver thereof.
These Terms, together with all referenced policies, constitute the entire agreement between you and Afams Ltd with respect to their subject matter.
These Terms do not confer any rights or remedies on any person other than the parties. Nothing in these Terms creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and Afams Ltd.
Afams Ltd · PVT-5JUEG2R2 · Incorporated in Kenya
Legal: legal@afams.co.ke
Compliance: compliance@afams.co.ke
Website: afams.co.ke