1. NATURE AND SCOPE OF maSOKOtips SERVICES
maSOKOtips, operated by Masokotips Company Limited (“maSOKOtips”, “we”, “us” or “our”), is a digital information and market-linkage platform established to facilitate access to information concerning agricultural products, markets, buyers, sellers, transport and other relevant agricultural services.
The primary role of maSOKOtips is to provide and facilitate access to information. Such information may include, without limitation, information regarding the availability or location of agricultural products, products required in particular markets, market opportunities, potential buyers and sellers, prevailing or indicative market information, transportation or related services, and other information considered relevant to agricultural stakeholders.
maSOKOtips does not, unless expressly stated otherwise in writing, act as the seller, buyer, broker, agent, distributor, financier, payment service provider, escrow service, guarantor, insurer, or contracting party in any transaction entered into between users of the platform.
2. INDEPENDENCE OF TRANSACTIONS BETWEEN USERS
Any communication, negotiation, agreement, sale, purchase, exchange, delivery, payment or other commercial arrangement arising from information accessed through maSOKOtips is entered into solely and directly between the relevant users or third parties.
Once maSOKOtips has provided or facilitated access to relevant information and the parties have been connected through the platform, any subsequent transaction is conducted independently by the parties concerned.
Accordingly, maSOKOtips does not take custody, possession or control of money, agricultural products, goods, documents or other consideration belonging to users in connection with transactions concluded between users, unless a separate service is expressly introduced and governed by specific terms and conditions.
3. NO CUSTODY OR CONTROL OF USERS’ FUNDS
maSOKOtips does not currently receive, hold, safeguard, transfer, settle, escrow or otherwise control funds belonging to buyers or sellers in connection with transactions facilitated through information available on the platform.
Users are solely responsible for agreeing upon and selecting their preferred payment method and for verifying that payment has been properly made and received.
For the avoidance of doubt, maSOKOtips shall not be responsible for holding or transferring the purchase price between a buyer and a seller, nor shall maSOKOtips be deemed to have received payment merely because a transaction originated from or was facilitated through the platform.
4. PHYSICAL VERIFICATION AND COMPLETION OF TRANSACTIONS
Users are strongly advised, before completing any transaction, to exercise reasonable care and conduct appropriate verification of the identity, authority, credibility, condition, quantity, quality, ownership, availability and other relevant characteristics of the goods, services or persons involved.
Where users agree to proceed with a transaction, they are responsible for making appropriate arrangements for the physical meeting, inspection and exchange of the relevant goods and payment.
Unless otherwise expressly provided by maSOKOtips in writing, users are expected to independently verify completion of the transaction, including, where applicable, that:
(a) the buyer has physically or otherwise appropriately verified the goods or services;
(b) the seller has physically or otherwise appropriately delivered or made available the agreed goods or services; and
(c) the agreed payment has been made by the buyer directly to the seller and confirmed by the relevant parties.
5. NO INVOLVEMENT IN THE SUBSEQUENT COMMERCIAL TRANSACTION
The role of maSOKOtips is limited to providing and facilitating access to relevant information and connecting or enabling users to identify potential trading opportunities.
Following the introduction, connection or exchange of information between users, maSOKOtips does not control or participate in the subsequent negotiation, agreement, payment, delivery, transfer of ownership, inspection, transportation, acceptance, rejection, quality assessment or other performance of the transaction, unless maSOKOtips has expressly agreed in writing to provide a specific additional service.
Any agreement subsequently entered into between a buyer and a seller shall constitute an independent agreement between those parties, and maSOKOtips shall not be deemed to be a party to such agreement solely because its platform was used to facilitate communication or access to information.
6. USER RESPONSIBILITY AND TRANSACTION RISK
Each user acknowledges and agrees that any decision to transact with another user or third party identified through maSOKOtips is made independently and at the user's own discretion and risk.
Users are solely responsible for conducting appropriate due diligence and for satisfying themselves as to the identity, legitimacy, reliability, authority, financial capacity, ownership, quality, quantity, availability, price and suitability of any goods or services before entering into a transaction.
The provision of information, listing, contact details or connection through maSOKOtips shall not constitute a representation, warranty, certification, endorsement or guarantee by maSOKOtips regarding the identity, character, financial standing, reliability, quality, ownership, legality, availability or performance of any user, product or service, unless expressly stated otherwise.
7. LIMITATION OF RESPONSIBILITY FOR USER-TO-USER TRANSACTIONS
To the maximum extent permitted by applicable law, maSOKOtips shall not be responsible or liable for any loss, damage, claim, dispute, fraud, misrepresentation, non-payment, delayed payment, non-delivery, delayed delivery, defective goods, difference in quantity or quality, failure to perform, breach of agreement or any other consequence arising from a transaction or arrangement entered into directly between users or third parties.
Any dispute concerning the actual sale, purchase, delivery, payment, quality, quantity, ownership or performance of goods or services shall primarily be addressed between the parties who entered into that transaction, subject to applicable laws and regulations of the United Republic of Tanzania.
8. INFORMATION DOES NOT CONSTITUTE A GUARANTEE
Information made available through maSOKOtips is intended to facilitate access to agricultural market information and opportunities. While maSOKOtips may take reasonable measures to maintain the accuracy and relevance of information under its control, maSOKOtips does not guarantee that all information supplied by users or third parties will at all times be accurate, complete, current, available or free from error.
Users should independently verify material information before relying upon it or entering into any commercial transaction.
9. SEPARATE NATURE OF THE PLATFORM SERVICE
For the avoidance of doubt, the use of maSOKOtips does not, by itself, create an agency, partnership, joint venture, fiduciary relationship, employment relationship, distributorship or other legal relationship between maSOKOtips and any buyer, seller, farmer, transporter or other user.
The platform's function is principally to facilitate access to information and opportunities and to connect relevant agricultural stakeholders. The commercial relationship arising after such connection remains a separate relationship between the parties concerned.
10. FUTURE SERVICES
maSOKOtips may, from time to time, introduce additional services that may involve payments, logistics, verification, digital transactions, settlement or other forms of commercial facilitation.
Where such services are introduced, they shall be governed by separate terms, conditions, policies or agreements applicable to the particular service. No such additional responsibility shall be inferred merely from the current operation of the maSOKOtips platform.