Terms of Service
Last updated 22 July 2026
Draft, pending legal review. This is a standard marketplace terms-of-service template drafted as a starting point for MAWEX. It has not yet been reviewed by a Kenya-qualified lawyer and should not be relied on as final before that review happens.
1. Acceptance of these terms
By creating an account, placing an order, or otherwise using the MAWEX platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
These Terms apply to customers, suppliers, and drivers alike, except where a section states otherwise.
2. Description of the service
MAWEX operates a marketplace connecting customers who need construction materials to a network of independent suppliers (quarries, depots) and independent drivers who fulfil delivery. MAWEX facilitates the order, payment, and delivery-tracking process between these parties; MAWEX does not itself quarry, manufacture, or own the materials sold through the Service.
3. Eligibility and accounts
You must be at least 18 years old and able to form a binding contract under Kenyan law to use the Service.
You are responsible for the accuracy of the information on your account and for keeping your login credentials confidential. You're responsible for activity that occurs under your account.
4. Orders and pricing
Prices shown at checkout are the total price you will pay, including delivery fees, unless stated otherwise. Prices may change between visits but not after an order is confirmed and paid.
An order is placed once payment is confirmed. MAWEX or a supplier may decline or cancel an order before fulfilment begins (for example, if a material becomes unavailable), in which case any payment already made will be refunded.
5. Payments
Payments are processed via M-Pesa and other supported payment methods shown at checkout. You authorize MAWEX (or its payment processing partners) to charge the payment method you select for the total order amount. MAWEX does not store your M-Pesa PIN or full card details.
6. Delivery and risk of loss
Delivery windows shown at checkout are estimates coordinated with the assigned driver, not a guaranteed exact arrival time.
Risk of loss or damage to materials passes to you upon delivery to the site and address you provided, confirmed by the delivery photo and any digital receipt attached to your order.
7. Cancellations and refunds
You may cancel an order before it enters fulfilment for a full refund. Once a supplier has confirmed and sourcing has begun, cancellation may not be possible or may be subject to a partial refund reflecting costs already incurred. Refunds are issued to the original payment method.
8. Prohibited conduct
You agree not to: use the Service for any unlawful purpose; interfere with or disrupt the Service or its infrastructure; attempt to circumvent MAWEX to transact directly with a supplier or driver you were matched with through the platform in order to avoid fees; or provide false information when placing an order or applying as a supplier or driver.
9. Supplier and driver obligations
Suppliers and drivers onboarded to MAWEX are independent businesses/contractors, not employees or agents of MAWEX. Suppliers are responsible for the quality and accuracy of materials listed; drivers are responsible for safe, lawful operation of their vehicle. Onboarding to the platform is subject to MAWEX's approval and ongoing compliance with its supplier/driver standards.
10. Disclaimers and limitation of liability
The Service is provided "as is." To the fullest extent permitted by Kenyan law, MAWEX disclaims warranties of any kind, express or implied, regarding the Service or the materials/delivery arranged through it.
MAWEX's total liability for any claim arising from your use of the Service is limited to the amount you paid for the order giving rise to the claim.
11. Disputes and governing law
These Terms are governed by the laws of Kenya. Any dispute arising from these Terms or the Service will first be addressed through MAWEX's support channel; unresolved disputes are subject to the exclusive jurisdiction of the courts of Kenya.
12. Changes to these terms
We may update these Terms from time to time. We'll post the updated version here with a new "Last updated" date; continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.
13. Contact
Questions about these Terms can be sent via the contact page.