1.1 For purposes of these Terms and Conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:

1.1.1 A reference to a person includes a reference to an individual, firm, corporation, unincorporated body of persons, or any state or any agency of a person.

1.1.2 Headings in these Terms and Conditions are for convenience purposes only and they do not affect the interpretation of these Terms and Conditions.

1.1.3 “KENTRADE” means the operating entity of Kenya TradeNet.

1.1.4 “Party” means a party to these Terms and Conditions and “Parties” shall be construed accordingly.

1.1.5 “Recipient” means any person who is employing the System to receive data from another person who is either directly or indirectly using the services of KENTRADE

1.1.6 “The Services” means facilities provided by Kenya TradeNet including access to the online registration facility in the System for registration as a Kenya TradeNet User and subsequently, upon authorization, rights and privileges to submit or process International trade documentation and information electronically.

1.1.7 “The System” means Kenya TradeNet (the Kenya National Electronic Single Window System)

1.1.8 The word “shall” shall be read as imperative

1.1.9 “User Account” determines which User rights and access permissions you have on the system.

1.1.10 “We,” “our,” and “us,” means Kenya Trade Network Agency (KENTRADE) and includes the successors and assigns of KENTRADE.

1.1.11 Words importing the singular meaning where the context so admits include the plural meaning and vice versa.

1.1.12 “You” and “your” refers to any person who has submitted their details for creation as a Kenya TradeNet User.

By submitting your details for registration as a Kenya TradeNet User, you agree to the following terms and conditions:


2.1 User access to the System will be granted upon the User acceptance and compliance with these Terms and Conditions of Use.

2.2. You will be deemed to have read, understood and accepted these Terms and Conditions:-

2.2.1. Upon clicking on the “Accept” option on the Registration Menu requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or

2.2.2. by using or continuing to use and operate the User Account.

2.3 KENTRADE reserves the right to request for further information from you pertaining to your registration as a User of Kenya TradeNet at any time.

2.4. KENTRADE reserves the right to decline your application for registration as a User of Kenya TradeNet or to revoke the same at any stage at KENTRADE’s sole discretion and without assigning any reason thereto.

2.5 These Terms and Conditions may be amended or varied by KENTRADE from time to time and the continued use of your User Account constitutes your agreement to be bound by the terms and condition of any such amendment or variation.


3.1 All registration information you submit is true, accurate and up to date in all respects and at all times; you will maintain the accuracy of this information. Your use of the System shall not violate any applicable law or regulation.

3.2 The details provided shall be validated and verified before you are registered as a Kenya TradeNet User.

3.3 If found valid, the details provided will be used by KENTRADE to register a User account in the System with relevant privileges for your use.

3.4 You are fully responsible for ensuring that any person who has access to the registration form through your internet connection is aware of these terms, and that they comply with them.

3.5 Upon registration as a Kenya TradeNet User, you will receive a mail in the email address you submitted giving you the login credentials to use in accessing the System.

3.6 A User account is created soon after the Kenya TradeNet User has registered online and is validated by the KENTRADE.


4.1 This Agreement gives you a non-exclusive and revocable right to use the Services subject to the terms and conditions set out in this Agreement.

4.2 KENTRADE retains all ownership rights in the System and the Services.

4.3 Your right to use of the Services shall commence on a date to be specified in writing by KENTRADE after creation of a User login and password, which will be assigned to you, with relevant privileges for your use.

4.4 While KENTRADE endeavors to ensure that the Services are normally available twenty four (24) hours a day, KENTRADE shall not be liable if for any reason the Services are unavailable at any time or for any period.

4.5 Access to the Services may be suspended temporarily and without notice in the case of System failure, upgrades, maintenance or repair or for reasons beyond KENTRADE’s control. KENTRADE will take reasonable steps to minimize such disruption, to the extent it is within KENTRADE’S reasonable control.

4.6 KENTRADE may modify or discontinue, temporarily or permanently, all or any portion of the Services, with or without notice. KENTRADE shall advise you thirty (30) days prior to any change to the Services which in KENTRADE'S judgment would significantly alter the Services.


5.1 You are responsible to maintain, at your own expense, adequate hardware and equipment to access the System and use the Services.

5.2 You are responsible for the confidentiality of the password associated with the User account and password assigned by KENTRADE upon registration as a User to use the Services.

5.3 You are responsible for and shall ensure the control of the password for the authorized access to the Services.

5.4 You shall not:

(a) remove, obscure, or alter any text, copyright, or other proprietary notices contained in the Services;

(b) alter, copy, modify, or re-transmit the Services;

(c) not operate any software which degrades the quality of the System or the Services. This includes, but is not limited to, any type of spam software (regardless if email is involved or not); The decision determining which software degrades the quality of the System or the Services shall be rendered at KENTRADE’S sole discretion;
(d) without the prior written consent of KENTRADE, assign this Agreement or any part hereof, to any other party;

(f) without the prior written consent of KENTRADE, use the Services to provide bureau services to any other party.

5.5 You shall turn only to KENTRADE or its authorized agents for support, assistance or the like with respect to the System and the Services.


6.1 We shall process information about you in accordance with our privacy statement. You must read KENTRADE’s privacy statement which contains important information about the use of your personal data other information regarding your privacy and our security processes and policies, and which forms part of these Terms. By using the online registration facility you consent to such processing and you warrant that all data provided by you is accurate.

6.2 You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your User Account and for keeping your password secret and secure. You shall ensure that your password does not become known or come into possession of any unauthorized person. KENTRADE shall not be liable for any disclosure of your password to any third party and you hereby agree to indemnify and hold KENTRADE harmless from any losses resulting from any password disclosure.

6.3 You shall take all reasonable precautions to detect any unauthorized use of the System. To that end, you shall ensure that all communications from KENTRADE are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the System will be detected.

6.4 The content you will submit into the System shall not:
a) contain malicious code, viruses or other harmful programs or material;
b) violate any applicable law, statute, ordinance, rule or regulation of Kenya;
c) infringe any right of any other person; advocate, promote or assist any unlawful act;
d) be likely to disrupt our service in any way;
e) be likely to deceive any person;
f) contain any material which is obscene or offensive.


7.1 This Agreement shall become effective on the date of acceptance of the terms and conditions in this Agreement.

7.2 Either party may terminate the Agreement on giving one month's prior written notice to the other party.

7.3 This Agreement shall be terminated if you fail to comply with any of the terms and conditions of this Agreement.

7.4 Upon termination of the Agreement, you shall not impart, share, or give any information in respect of the Services.

7.5 KENTRADE reserves the right to withdraw the Services and to terminate the Agreement forthwith if you go into liquidation or become bankrupt or if you fail to comply with any obligation under this Agreement.


8.1 All images, text and any other content on the System or Services are protected by copyright, trademark, patent or other proprietary rights and laws. KENTRADE reserves its rights in and to all other content contained in the Services.


9.1 The Customer may not use the Services (1) in any manner that violates any law, regulation, treaty or infringes on the legal rights of any third party, (2) in any manner which is defamatory, fraudulent, indecent, offensive or deceptive, (3) to threaten, harass, abuse or intimidate others, (4) to damage the name or reputation of KENTRADE (5) to break security on any computer network, or to access an account that does not belong to you, and (6) in any manner that interferes with other customers' use and enjoyment of the services provided by KENTRADE.


10.1 In no event shall KENTRADE be liable for any damages including any loss of profits, loss of saving, or other indirect incidental, special or consequential damages arising out of the use or inability to use the Services even if KENTRADE has advised of the possibility of such damage.

10.2 KENTRADE shall not be liable for any indirect or consequential damages, including but not limited to loss of profits or for any claim made against you by anyone, even though KENTRADE may have been notified of such damages or claims.

10.3 You shall indemnify KENTRADE against any damages or claims by any one arising out of this Agreement.

10.4 Without prejudice to the generality of clauses 10.1 and 10.2, KENTRADE shall not be liable for any damages or for any loss of profit or other consequential damages caused by the unauthorized use of the password or any confidential information resulting from your negligence.

10.5 You shall indemnify KENTRADE for any damage towards any party as a result of unauthorized use of the password or confidential information due to your negligence.

10.6 No legal action for damages shall be taken against KENTRADE for any cause whatsoever related to this Agreement if such default is due to any circumstances outside KENTRADE’S control. Such circumstances comprise, but are not confined to, acts of God, war, riots, sabotage, and any force majeure.


11.1 KENTRADE shall keep your data strictly confidential.

11.2 KENTRADE shall make its best endeavor to protect your data or programs from unauthorized access by any other party.

11.3 Should your data or programs be altered or destroyed due to KENTRADE’S negligence, KENTRADE shall as far as possible reconstruct your data or programs.

11.4 You shall obtain in writing the prior approval of KENTRADE before the release of any publication or any information or material, pertaining to or related to this Agreement.


12.1 You shall take reasonable steps to ensure that your data interchanged are correct, complete and secure and to prevent unauthorized access to the System. You shall also take reasonable steps to ensure that they are capable of receiving any transmission.

12.2 You shall further take reasonable steps to ensure that transmitted data of a confidential nature is not disclosed to any unauthorized person.

12.3 If the data received appears not to be correct, in good order, or complete in form, you shall inform the sender thereof as soon as possible.

12.4 If you receive the data not intended for you, you shall as soon as possible inform KENTRADE thereof and you shall delete the information contained in such data from the System, apart from the data log which provides a complete historical record of data interchanged.

12.5 The sender of the data may request the Recipient to confirm the contents of the data, or any part of it, without prejudice to any subsequent consideration or action that the contents may warrant. A Recipient shall not act on such data interchanged until he has complied with the request of the sender.

12.6 If the sender has not received the requested confirmation within a reasonable time, he shall take all necessary action to obtain same. If, despite such action, a confirmation is not received within a reasonable period of time, the sender shall advise the recipient accordingly and, if he does so, he may assume that the data interchanged has not been accepted correctly.

12.7 You shall ensure that a complete data log is maintained of all data interchanged as they are sent and received.

12.8 You shall ensure that the data log may be retrieved and presented in readable form as a print-out, and is to be prepared and certified as correct by the person responsible for the data processing System.

12.9 The complete data log shall also be stored unchanged for at least three (3) months or for such longer period as may be prescribed by the law.

12.10 You must ensure that the person responsible for the data processing System of the party concerned shall, where so required, certify that the data log and any reproduction made from it is correct.


13.1 If any provision in these Terms is found to be invalid, unenforceable or illegal for any reason, such provision shall be deleted from the Terms and shall not affect the enforceability of any other part or provision of these Terms.


14.1 Data log, archives documents and audit trail documents produced, in whatever form, by KENTRADE in any Court proceedings involving you shall be conclusive proof as to the contents of such data log, archive documents and audit trail documents.



15.1 This Agreement shall be subject to, governed by and interpreted in accordance with the laws of the Republic of Kenya for every purpose. The parties submit to the exclusive jurisdiction of the courts of the Republic of Kenya.


16.1 The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

16.2 No failure or delay by either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.