| Effective Date | 1 July 2026 |
| Platform | Manda (sellmanda.com) |
| Operator | Manda |
| Registered Office | 7th Floor, Pinetree Plaza, Kaburu Drive, Kilimani, Nairobi, Kenya |
| Contact | Hello@sellmanda.com |
| Governing Law | Laws of the Republic of Kenya |
| IMPORTANT — PLEASE READ CAREFULLY: These Terms of Service constitute a legally binding agreement between you and Manda. By accessing or using the Manda platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the platform. |
1. ACCEPTANCE OF TERMS
By registering an account, accessing, browsing, or otherwise using the Manda platform at sellmanda.com (the “Platform”), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service (“Terms”) and our Privacy Policy, which is incorporated herein by reference.
These Terms apply to all visitors, registered users, business sellers, buyers, investors, and any other persons who access or use the Platform in any capacity (collectively, “Users”).
Your continued use of the Platform following the posting of any amendments to these Terms shall constitute your acceptance of such amendments. Manda reserves the right to modify these Terms at any time in accordance with Clause 13 of these Terms.
These Terms are governed by and shall be construed in accordance with the laws of the Republic of Kenya, including but not limited to the Law of Contract Act (Cap. 23), the Consumer Protection Act No. 46 of 2012, and the Computer Misuse and Cybercrimes Act No. 5 of 2018.
2. ELIGIBILITY
To access and use the Platform, you represent and warrant that:
- You are at least eighteen (18) years of age;
- You have the full legal capacity and authority to enter into binding contracts under Kenyan law;
- If registering on behalf of a company, partnership, or other legal entity, you have the authority to bind that entity to these Terms, and the entity is duly registered and in good standing under the laws of Kenya or its country of incorporation;
- You are not prohibited by any applicable law, regulation, court order, or other legal restriction from using the Platform or the services offered thereon;
- All information you provide during registration and throughout your use of the Platform is accurate, complete, and current.
Manda reserves the right to refuse access to, or terminate the accounts of, any Users who do not meet these eligibility requirements or who provide false or misleading information. Verification of eligibility may be required in accordance with applicable Know Your Customer (KYC) and Anti-Money Laundering (AML) obligations.
3. DESCRIPTION OF SERVICES
Manda operates a digital marketplace platform that facilitates connections between business owners seeking to sell or attract investment and buyers, investors, and other interested parties in Kenya and across Africa (the “Services”). The Services include:
3.1 Business Listings
Manda enables eligible business owners and founders to list their businesses or ventures on the Platform for the purposes of sale, investment, partnership, or other commercial transactions. Listings are subject to Manda’s verification and approval process.
3.2 Business Valuation
Manda provides indicative business valuation assessments to assist sellers in understanding the approximate market value of their business. These valuations are for guidance purposes only and do not constitute a professional valuation report, financial advice, or a representation as to the value at which any transaction will be completed.
3.3 Buyer and Investor Matching
Manda facilitates introductions between listed businesses and registered buyers or investors on the Platform. Manda acts solely as an intermediary and is not a party to any transaction concluded between a seller and a buyer or investor.
3.4 Advisory and Support Services
Manda may provide general guidance and support to Users navigating the business sale or investment process. Such support does not constitute legal, financial, tax, or investment advice. Users are strongly advised to seek independent professional advice before completing any transaction.
3.5 Nature of Platform
Manda is a marketplace facilitator. It does not itself buy, sell, invest in, or hold any interest in businesses listed on the Platform. Manda makes no guarantee that any listed business will be sold, or that any buyer or investor will be found. All transactions are concluded directly between the relevant parties.
| Regulatory Note: Where services offered on the Platform may engage the Capital Markets Act (Cap. 485A) or regulations of the Capital Markets Authority (CMA) of Kenya, Manda will ensure compliance with applicable licensing and regulatory requirements. Users involved in investment transactions should satisfy themselves as to the applicable regulatory framework. |
4. USER OBLIGATIONS
4.1 Account Registration and Security
Users must register an account to access certain features of the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify Manda immediately at Hello@sellmanda.com of any unauthorised use of your account.
4.2 Accuracy of Information
All information submitted to the Platform — including business descriptions, financial data, ownership details, and contact information — must be accurate, complete, and not misleading. The submission of false, deceptive, or fraudulent information may constitute an offence under the Computer Misuse and Cybercrimes Act No. 5 of 2018 and other applicable laws.
4.3 Prohibited Conduct
Users shall not, and shall not attempt to:
- List a business that you do not own or have no authority to list;
- Provide false or misleading financial statements, projections, or business information;
- Use the Platform for any unlawful purpose, including money laundering or fraud;
- Circumvent or bypass Manda’s platform to conclude transactions without paying applicable fees;
- Harass, threaten, or engage in abusive conduct towards other Users;
- Introduce any virus, malware, or harmful code to the Platform;
- Scrape, copy, or reproduce Platform content without written authorisation;
- Infringe upon the intellectual property rights of Manda or any third party;
- Engage in any conduct that may bring Manda into disrepute or harm its reputation.
4.4 Compliance with Laws
Users must comply with all applicable Kenyan laws and regulations, including but not limited to laws relating to business registration, taxation, competition, consumer protection, and financial services. Users are solely responsible for ensuring that their use of the Platform and any transactions they undertake comply with applicable law.
4.5 Confidentiality
Users who receive confidential information about a listed business in the course of using the Platform agree to treat such information with strict confidentiality and not to disclose it to any third party without the prior written consent of the disclosing party.
5. INTELLECTUAL PROPERTY
5.1 Manda’s Intellectual Property
The Platform and all of its content, features, and functionality — including but not limited to the Manda name, logo, trademarks, design, software, text, graphics, and data — are owned by or licensed to Manda and are protected by applicable intellectual property laws of Kenya, including the Copyright Act (Cap. 130) and the Trade Marks Act (Cap. 506).
No content from the Platform may be copied, reproduced, republished, distributed, or used for commercial purposes without the prior express written consent of Manda.
5.2 User Content
By submitting any content to the Platform — including business listings, descriptions, images, or documents — you grant Manda a non-exclusive, worldwide, royalty-free licence to use, display, and reproduce such content for the purposes of operating and promoting the Platform.
You represent and warrant that you own or have the necessary rights to all content you submit, and that such content does not infringe the intellectual property rights of any third party.
5.3 Feedback
Any feedback, suggestions, or ideas you submit to Manda regarding the Platform may be used by Manda without restriction and without any obligation to compensate you.
6. PAYMENTS AND BILLING
6.1 Fee Structure
Manda’s fee structure is as follows:
- Basic listing and valuation services are offered free of charge.
- A transaction success fee, calculated as a percentage of the completed transaction value, becomes payable upon the successful conclusion of a sale or investment facilitated through the Platform. The applicable percentage will be communicated to the relevant User prior to listing.
- Premium listing packages and additional advisory services may attract fees as set out in the Platform’s current fee schedule, which may be updated from time to time.
6.2 Payment Terms
All fees are quoted and payable in Kenyan Shillings (KES) unless otherwise agreed in writing. Accepted payment methods include M-Pesa, bank transfer, and such other methods as Manda may make available from time to time.
6.3 Taxes
All fees are exclusive of applicable taxes, including Value Added Tax (VAT) at the rate prescribed under the Value Added Tax Act No. 35 of 2013 and any withholding taxes as may be applicable under Kenyan law. Users are responsible for their own tax obligations arising from transactions concluded through the Platform.
6.4 Disputes
Any billing dispute must be raised with Manda in writing within fourteen (14) days of the relevant charge. Manda will investigate and respond within thirty (30) days.
6.5 Refunds
Fees paid for completed transactions are non-refundable. Fees for other services may be refunded at Manda’s sole discretion in exceptional circumstances.
7. THIRD-PARTY SERVICES
The Platform may contain links to or integrate with third-party websites, services, or applications — including payment processors, legal services providers, accounting tools, and other professional service providers. These are provided for Users’ convenience only.
Manda does not endorse, control, or accept responsibility for the content, privacy practices, or terms of any third-party services. Your use of any third-party service is entirely at your own risk and subject to the terms and conditions of that third party.
Manda shall not be liable for any loss or damage arising from your interaction with or reliance on any third-party service, product, or content accessed through the Platform.
8. DISCLAIMER OF WARRANTIES
| THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE KENYAN LAW. |
Manda does not warrant or represent that:
- The Platform will be available at all times, uninterrupted, or error-free;
- Any information on the Platform — including business listings, valuations, or financial data — is accurate, complete, or up to date;
- The Platform will meet your specific requirements or expectations;
- Any defects or errors in the Platform will be corrected;
- The Platform is free from viruses or other harmful components;
- Any transaction initiated through the Platform will be successfully completed.
Nothing in these Terms shall exclude or limit Manda’s liability for matters that cannot be excluded or limited under the Consumer Protection Act No. 46 of 2012 or other mandatory provisions of Kenyan law.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable Kenyan law, Manda shall not be liable to any User for:
- Any indirect, incidental, special, consequential, or punitive damages;
- Any loss of profits, revenue, business, data, goodwill, or anticipated savings;
- Any loss or damage arising from transactions concluded between Users through the Platform;
- Any reliance placed on information, valuations, or content available on the Platform;
- Any failure or delay in the performance of the Platform due to circumstances beyond Manda’s reasonable control, including acts of God, government action, or failure of telecommunications infrastructure.
Where liability cannot be entirely excluded under applicable law, Manda’s total aggregate liability to any User in respect of any claim arising out of or in connection with these Terms shall not exceed the total fees paid by that User to Manda in the twelve (12) months preceding the event giving rise to the claim.
Manda acts solely as a marketplace facilitator. It is not a party to any transaction between Users, and all liability for the conduct, performance, and completion of any such transaction rests exclusively with the parties to that transaction.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Manda, its directors, officers, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your use of or access to the Platform;
- Your breach of any provision of these Terms;
- Any content or information you submit to the Platform;
- Your violation of any applicable law or regulation;
- Any dispute between you and another User or third party arising from your use of the Platform;
- Any fraud, misrepresentation, or wilful misconduct on your part.
This indemnification obligation shall survive the termination of these Terms and your use of the Platform.
11. TERMINATION
11.1 Termination by User
You may terminate your account at any time by providing written notice to Manda at Hello@sellmanda.com. Termination of your account does not entitle you to a refund of any fees paid, and any outstanding obligations under these Terms shall survive termination.
11.2 Termination by Manda
Manda may, at its sole discretion, suspend or terminate your account and access to the Platform — with or without notice — where:
- You have breached any provision of these Terms;
- Manda is required to do so by law or a regulatory authority;
- Your conduct is likely to cause harm to Manda, other Users, or third parties;
- Manda reasonably suspects fraudulent or illegal activity on your account;
- Your account has been inactive for a continuous period of twenty-four (24) months.
11.3 Effect of Termination
Upon termination, your right to access and use the Platform ceases immediately. Manda may, subject to its data retention obligations, delete your account data. Clauses 5, 9, 10, and 12 of these Terms shall survive termination.
12. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, shall in the first instance be referred to mediation. Should mediation fail to resolve the dispute within thirty (30) days of referral, the dispute shall be finally resolved by arbitration in Nairobi, Kenya, in accordance with the Arbitration Act No. 4 of 1995 and the Nairobi Centre for International Arbitration (NCIA) Rules, which are incorporated by reference into this Clause.
Notwithstanding the above, Manda reserves the right to seek urgent or interim relief from the High Court of Kenya (Nairobi) where necessary to protect its intellectual property rights or confidential information.
Users who are consumers within the meaning of the Consumer Protection Act No. 46 of 2012 retain the right to bring a complaint before the Competition Authority of Kenya (CAK) or any other competent regulatory body.
| Regulatory Oversight: Manda’s platform activities may fall within the oversight of the Competition Authority of Kenya (CAK), the Capital Markets Authority (CMA), and the Office of the Data Protection Commissioner (ODPC). Manda is committed to full compliance with the requirements of each applicable regulator. |
13. CHANGES TO THE TERMS
Manda reserves the right to amend, update, or replace these Terms at any time. Material changes will be communicated to registered Users by email to the address on their account and/or by prominent notice on the Platform, not less than fourteen (14) days before the changes take effect.
Your continued use of the Platform after the effective date of any amended Terms shall constitute your acceptance of such changes. If you do not agree with any amended Terms, you must discontinue your use of the Platform and may terminate your account in accordance with Clause 11.1.
Manda shall maintain an archive of previous versions of these Terms, which shall be available on request.
14. GENERAL PROVISIONS
14.1 Entire Agreement
These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and Manda with respect to your use of the Platform and supersede all prior agreements, representations, or understandings.
14.2 Severability
If any provision of these Terms is held to be invalid or unenforceable by a competent court or arbitral tribunal, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14.3 Waiver
No failure or delay by Manda in exercising any right under these Terms shall constitute a waiver of that right.
14.4 Contact
For any questions relating to these Terms, please contact us at:
Manda | 7th Floor, Pinetree Plaza, Kaburu Drive, Kilimani, Nairobi, Kenya | Hello@sellmanda.com
Manda Terms of Service · Effective 1 July 2026 · sellmanda.com · Hello@sellmanda.com
