Effective: July 2025
1. Introduction
This is an agreement between you and Msossi Ventures Limited, a private limited liability company incorporated under the Companies Act No. 17 of 2015, Laws of Kenya (referred to as “Msossi”, “we”, “our”, or “us”). Msossi owns and operates the Msossi App, a Kenyan mobile platform designed to combat food waste while offering affordable, sustainable food options. We connect users with supermarkets, restaurants, cafés, and other food retailers, enabling them to purchase surplus and short-dated (“final days”) food items at significantly discounted prices. By accessing or using the App and its services (“Services”), you agree to be bound by these Terms and Conditions. Please read them carefully. If you do not agree, you must not use the App or Services.
2. License and Eligibility to Use
Msossi grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform for personal, non-commercial purposes. To use the Msossi App or website, you must:
● Be at least 18 years old (or have legal parental consent if under 18)
● Have the legal capacity to enter into a binding agreement
● Provide accurate and complete registration information
You agree not to:
● Copy, modify, or reverse-engineer any part of the platform
● Access the platform through unauthorized means
● Interfere with the platform’s functionality or integrity
3. User Account
You are responsible for all activity on your account. You must not share your login credentials. By registering, you agree to receive communications (including SMS, email, and push notifications) related to the service. You may opt out of marketing messages at any time.
Each user is permitted to maintain only one registered account. Msossi reserves the right to suspend or terminate duplicate or suspicious accounts.
4. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the platform. Your mobile network’s data and messaging rates and fees may apply. Msossi is not responsible for any hardware or connectivity issues.
5. Our Service
Msossi provides a marketplace platform. We:
● List surplus and final days food packs from verified vendors
● Allow customers to browse and reserve available items
● Facilitate secure payment via M-Pesa or card
● Offer optional delivery or pickup, depending on store availability
We do not manufacture, prepare, or package any food sold on the app. The vendor is fully responsible for the quality, preparation, packaging, and safety of all food items.
Nothing in these Terms creates any agency, partnership, joint venture, employment or franchise relationship between Msossi and any user or vendor.
6. Products & Pricing
● Surplus Items (Goody Bags): These are surprise food bundles offered by vendors at a discount. Contents may vary and are not disclosed prior to purchase.
● Final Days Packs: These are items nearing their best-before date but still safe to consume, offered at a reduced price.
Prices are set by vendors and include applicable taxes and charges. Msossi is not responsible for price changes, stock availability, or expired listings.
7. Delivery and Pickup
7.1 Pickup
● Pickup availability and time slots are set by the vendor.
● It is the customer’s responsibility to collect the order during the pickup window.
● No refunds are guaranteed for missed pickups. 7.2 Delivery
● Available from select vendors.
● Fulfilled by the vendor or Msossi’s delivery partners.
● Delivery charges (if any) are shown at checkout.
● Msossi does not guarantee specific delivery times.
● You must be available at the specified location during the delivery window.
7.3 Ownership and Risk
● Risk transfers to you upon successful pickup or delivery.
● Msossi is not liable for spoilage or damage after delivery or pickup.
● Msossi is not liable for actions, errors, or omissions of third-party service providers including couriers and payment processors.
8. Payments
Payments must be made at the time of reservation via approved payment methods (M-Pesa or card). Msossi does not store your payment details.
9. Refunds and Cancellations
All orders are final and non-refundable unless:
● The vendor fails to fulfill the order
● Delivery fails due to a Msossi error
Refund requests must be submitted within 24 hours.
10. Vendor Responsibility
Vendors are responsible for:
● Ensuring food is safe and not expired
● Accurate product listings
● Complying with food safety laws
Msossi may suspend vendors for violations.
11. User Conduct
You agree to:
● Use the app lawfully
● Not engage in harassment, hate speech, impersonation, or fraud
● Not interfere with or attempt to disrupt the platform
Violation may result in account suspension or permanent termination without prior notice.
12. User Ratings and Reviews
By submitting a review, you grant Msossi the right to display, share, and use your review publicly. We are not responsible for the accuracy of user-generated reviews.
13. Taxes
Users are responsible for any taxes or reporting obligations resulting from use of the platform.
14. Intellectual Property
All intellectual property on the platform belongs to Msossi Ventures Limited or its licensors. You may not copy or reuse any content without permission.
15. Privacy
See our Privacy Notice and Privacy Policy for full details on how we handle your personal data.
16. Limitation of Liability
Msossi is not liable for:
● Indirect or consequential losses
● Issues related to food quality or delays
● Service outages or data loss
The platform is provided “as is” without warranties.
To the maximum extent permitted by law, Msossi’s total liability to you for any claims arising out of or relating to the use of the platform shall not exceed KES 1,000.
17. Indemnification
You agree to indemnify and hold Msossi harmless from any claims, damages, or losses resulting from your use of the platform or violation of these Terms.
18. Force Majeure
We are not liable for failure to perform obligations due to causes beyond our control, including natural disasters, strikes, government actions, or internet outages.
19. Modifications to the Terms
We may update these Terms with notice via the app or email. Continued use after notice means you accept the changes.
20. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. Waiver
Failure to enforce any part of these Terms shall not constitute a waiver of any of our rights.
22. Assignment
Msossi may assign or transfer its rights and obligations under these Terms without your consent. You may not assign your rights or obligations without our written consent.
23. Entire Agreement
These Terms constitute the entire agreement between you and Msossi. They supersede any prior agreements or communications related to your use of the platform.
24. Headings
Clause headings are for convenience only and do not affect the meaning or interpretation of these Terms.
25. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Republic of Kenya. Disputes shall be resolved in the courts of Kenya.
26. Contact Us
Email: msossi@msossi.com