Platform Overview

The HortiMarket Portal ("Platform") is a digital marketplace operated by the Tanzania Horticultural Association (TAHA) under the TAHA Research and Information Center (TARIC) framework. The Platform facilitates:

• Trade and commercial transactions in horticultural commodities
• Market and information access
• Integration of logistics, certification, and financial services
• Data-driven decision-making across the horticulture value chain

User Eligibility

All users must:

• Be legally registered individuals or entities (where applicable)
• Provide accurate, complete, and verifiable registration information
• Comply with all applicable laws of the United Republic of Tanzania and relevant international trade regulations

User Obligations

By using the Platform, users agree to:

• Provide accurate and truthful information at all times
• Conduct transactions in good faith and with commercial integrity
• Comply with applicable quality, safety, and traceability standards
• Use the Platform strictly for lawful business purposes

Role of TAHA

TAHA operates the Platform solely as a neutral facilitator of market linkages, transactions, and related services. TAHA shall not be deemed a party to any contract, agreement, or transaction concluded between users, and assumes no responsibility or liability arising therefrom, unless expressly agreed otherwise in writing.

Payments and Transactions

• All payments shall be processed through the integrated and approved financial system.
• Users are solely responsible for fulfilling their contractual obligations.
• Platform-generated confirmations constitute evidence of transaction intent.

Liability Disclaimer

TAHA shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with:

• Any transactions or dealings between users
• The quality, safety, legality, or availability of goods or services listed on the Platform
• Failure of any user to perform their contractual obligations
• Delays, disruptions, or failures in logistics, payment systems, or third-party services
• Unauthorized access, data breaches, or system interruptions beyond TAHA's reasonable control

Data Protection and Privacy

• User data shall be collected, processed, and stored in accordance with TAHA's data protection policies and applicable laws
• Users consent to the use of anonymized and aggregated data for analytics, reporting, and system improvement

KYC and Verification (Mandatory)

All users must:

• Submit valid identification documents (e.g., TIN, business license, national ID or passport)
• Undergo TAHA verification prior to transacting
• Maintain up-to-date business and contact information

Digital Contract Formation

All transactions executed through the Platform constitute legally binding digital agreements. Platform-generated confirmations shall be deemed valid and enforceable contracts.

Payment Security and Escrow

Where applicable:

• Payments may be held in escrow accounts until fulfillment conditions are met
• Release of funds shall be subject to delivery confirmation and, where applicable, quality verification

Fraud and Misconduct

The following activities are strictly prohibited:

• False or misleading listings
• Double selling or over-commitment of inventory
• Non-delivery after receipt of payment
• Price manipulation or collusion

Violations may result in:

• Immediate account suspension
• Permanent blacklisting
• Legal action

Traceability and Record Keeping

• All transactions must be fully traceable
• Users are required to retain transaction records for a minimum of twelve (12) months

Force Majeure (User-Level)

In the event of unforeseen circumstances such as war, border closures, or logistics disruptions:

• Affected parties must notify counterparties within 48 hours
• Parties shall negotiate in good faith to revise timelines or obligations

Product Responsibilities

Suppliers must:

• Ensure that all products meet applicable market standards and certification requirements
• Provide accurate information on quantity, quality, and availability

Regulatory Compliance

Suppliers must comply with:

• Phytosanitary regulations
• Export standards and protocols
• Certification requirements (e.g., GlobalG.A.P., etc)

Delivery Obligations

• Fulfill delivery commitments in accordance with confirmed contracts
• Coordinate effectively with logistics providers, such as TAHAFresh

Product Quality Assurance (Mandatory)

• Products must conform to agreed buyer specifications and export standards
• TAHA reserves the right to conduct inspections
• Non-compliance may result in rejection of goods, with associated costs borne by the supplier

Quantity Commitment

• Listed quantities must be accurate and available
• Upon order confirmation, quantities are considered reserved
• Over-selling may result in account suspension

Traceability Requirements

Suppliers must provide:

• Farm or origin details
• Batch identification
• Harvest dates

Pricing Integrity

Prices agreed upon through the Platform are binding and cannot be altered post-confirmation

Non-Delivery Penalties

Failure to deliver as agreed may result in:

• Compensation obligations to the buyer
• Account downgrade, suspension, or removal from the Platform

Buyer Responsibilities

Buyers must:

• Submit accurate purchase orders and specifications
• Comply with agreed payment terms

Payment Obligations

• Payments must be made through approved Platform channels
• Delayed payments may result in restricted access, penalties, or suspension

Payment Assurance

Buyers must:

• Prepay for orders, or
• Provide verifiable proof of funds where applicable

Order Commitment

Confirmed orders are binding and cannot be canceled without applicable penalties

Inspection and Acceptance

• Buyers must confirm acceptance or rejection within agreed timelines
• Quality disputes must be raised within 24-48 hours of delivery

Rejection Conditions

Rejection is permitted only where:

• Goods materially deviate from agreed specifications
• Claims are supported by verifiable evidence (e.g., photos, inspection reports)

Default and Non-Payment

Failure to fulfill payment obligations may result in:

• Blacklisting
• Legal enforcement actions
• Loss of Platform access

Responsibilities

Logistics providers must:

• Deliver reliable and timely transport services
• Maintain product integrity, including cold chain requirements

Custody and Liability

• Providers are responsible for goods while under their custody
• Must provide shipment tracking and delivery confirmation

Compliance

Providers must comply with:

• Applicable transport and logistics regulations
• Export and handling requirements

Cold Chain Management

• Required temperature and handling standards must be maintained
• Failure to comply may result in liability for losses or damages

Delivery Performance

• Adhere to agreed delivery schedules
• Communicate delays promptly with valid justification

Insurance and Risk Cover

Maintain appropriate insurance coverage or assume liability for loss and damage

Tracking Requirements

Provide real-time or periodic shipment tracking updates

Role

• Provide secure payment processing and settlement services
• Support escrow arrangements and transaction verification

Responsibilities

• Ensure compliance with financial regulations
• Maintain transaction security and data protection standards

Transaction Integrity

Guarantee secure processing and timely settlement of transactions

Dispute Support

Provide transaction logs and audit trails upon request

Fraud Monitoring

Detect and report suspicious or fraudulent activities

Scope

Includes:

• Certification bodies (e.g., GreenCert)
• Input suppliers
• Advisory and technical service providers

Responsibilities

• Deliver services in accordance with agreed standards and timelines
• Maintain professional and regulatory compliance

Liability

Providers shall be liable for damages resulting from incorrect or misleading certification or service delivery failures

Platform Fees and Charges

TAHA may impose:

• Transaction fees
• Subscription fees
• Service-related charges

All fees shall be:

• Clearly communicated prior to application
• Subject to periodic review and adjustment

Dispute Resolution Framework

Resolution Process

Disputes shall be addressed through a structured process:

• Disputes should first be resolved between parties
• TAHA may mediate disputes
• TAHA may provide transaction records
• Final resolution is subject to Tanzanian law

Evidence Requirements

All claims/disputes must include:

• Transaction identification details
• Supporting evidence (e.g., documentation, photos)

Risk Management and Trust System

TAHA may implement mechanisms including:

• User rating and feedback systems
• Verified user badges
• Transaction history scoring
• Risk flags for non-performing users

Account Suspension and Termination

TAHA reserves the right to suspend or terminate accounts for:

• Fraudulent or unlawful activity
• Breach of these Terms and Conditions
• Misuse of the Platform

Force Majeure

TAHA operates solely as a facilitator of market linkages, transactions, and related services and does not assume responsibility for the performance of any obligations between users.

Accordingly, TAHA shall not be liable for delays or failure to perform due to events beyond reasonable control, including but not limited to:

• Natural disasters
• Government actions or restrictions
• War or civil unrest
• Logistics disruptions

Amendments

TAHA reserves the right to amend these Terms and Conditions at any time. Users will be notified of major changes.

Binding Acceptance

By accessing, registering on, or using the HortiMarket Portal, each user expressly acknowledges that they have read, understood, and agreed to be legally bound by these Terms and Conditions.

Electronic Acceptance

Acceptance of these Terms may be effected through electronic means, including but not limited to:

• Clicking an "Accept" or "Agree" button during registration or transaction processes
• Continued use of the Platform after notification of the Terms

Capacity to Contract

By accepting these Terms, the user represents and warrants that:

• They have the legal capacity and authority to enter into binding agreements
• Where acting on behalf of an entity, they are duly authorized to bind that entity

Updates and Continued Use

Where these Terms are amended, continued access to or use of the Platform after notification shall constitute acceptance of the revised Terms.

Right to Refuse Use

Users who do not agree to these Terms must immediately discontinue use of the Platform.