The OMC expressly warrants that all products subject to any order placed on the Nexus system have been duly declared and fully cleared by the Kenya Revenue Authority (KRA) prior to submission of the corresponding customs entry and order.
TERMS AND CONDITIONS FOR USE OF OILNEXUS
These Terms and Conditions (“Terms”) govern your access to and use of the Platform and its Services. By using the Platform or placing any orders, all Oil Marketing Companies (“OMCs”) agree to be bound by these Terms.
DEFINITIONS
For the purposes of these Terms and Conditions, the following terms shall have the meanings set out below:
| Platform / Nexus System | The OilNexus digital system used for submission, processing, and management of orders and related data. |
| OMC (Oil Marketing Company) | Any company or legal entity engaged in the marketing, trading, or distribution of petroleum products that accesses or uses the Platform. |
| Services | All functionalities, features, and services provided through the Platform, including order submission, processing, and data management. |
| Order | Any request, instruction, or submission made by an OMC through the Platform in relation to petroleum products or associated processes. |
| Customs Entry | The official declaration submitted to the Kenya Revenue Authority (KRA) for the importation of goods, including all supporting documentation. |
| KRA | The Kenya Revenue Authority or any successor regulatory body responsible for customs clearance and tax administration in Kenya. |
| CWR Charges | Customs Warehouse Rent or any applicable storage or penalty charges accruing upon expiry of a customs entry. |
| Data | All information, documents, and records submitted, uploaded, or generated through the Platform by the OMC. |
| Applicable Law | All laws, regulations, and regulatory requirements in force in Kenya and Uganda relevant to the use of the Platform and the activities contemplated under these Terms. |
| Force Majeure Event | Any event beyond the reasonable control of the System Operator, including but not limited to acts of God, government actions, system failures, or third-party service disruptions. |
Customs Clearance Requirement
Accuracy and Compliance
The OMC shall bear sole responsibility for ensuring the accuracy, completeness and legality of all customs documentation and entries submitted. Any false, incomplete or misleading declaration shall be the sole liability of the OMC.
Precondition for processing
Processing of any order on the Nexus system is strictly conditional upon confirmation that the relevant customs entry has been properly cleared by KRA. Orders associated with uncleared, pending or non-compliant entries may be rejected, suspended or delayed without notice.
Charges after Expiry of Entry
Upon expiry of the customs entry, CWR charges shall automatically commence and continue to accrue irrespective of whether an extension has been applied for or granted. The OMC acknowledges full responsibility for any such charges and agrees that these shall be payable without dispute.
Liability for Delays
The OMC acknowledges that any delay arising from failure to obtain prior customs clearance, discrepancies in documentation or non-compliance with regulatory requirements shall be solely attributable to the OMC. The system operator shall not be held liable for any resulting losses, damages or disruptions.
Indemnity
The OMC agrees to indemnify and hold harmless the system operator, its affiliates and agents from and against any claims, penalties, fines or liabilities arising out of or related to non-compliance with customs regulations or failure to secure KRA clearance prior to order placement.
Right to Verify and Suspend
The system operator reserves the right to verify the clearance status with KRA and may place any order on hold, pending clarification and revert to the OMC for cancellation and resubmission where necessary.
Nature of the Platform
TThe Nexus system operates solely as a technology platform facilitating order processing based on information submitted by OMCs. The system operator does not participate in, control, or assume responsibility for the underlying commercial transactions, ownership of products, or regulatory compliance obligations of the OMC.
Reliance on Submitted Information
All processing within the Nexus system is based exclusively on information provided by the OMC. The system operator shall not be responsible for verifying the authenticity, accuracy, or completeness of such information and disclaims all liability arising from reliance thereon.
Limitation of Liability
To the fullest extent permitted by applicable law:
- The system operator shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of business, loss of data, or business interruption, arising out of or in connection with the use of or inability to use the Platform.
- The system operator’s total aggregate liability, whether in contract, tort (including negligence), or otherwise, arising out of or in connection with the Platform shall in no event exceed the total fees (if any) paid by the OMC for use of the Platform in the preceding three (3) months.
- The OMC acknowledges that the allocation of risk under these Terms is a fundamental basis of the agreement and that the Platform would not be made available without such limitations.
Force Majeure
The system operator shall not be liable for any delay, failure, or disruption in processing arising from events beyond its reasonable control, including but not limited to regulatory changes, actions by government authorities, system outages, third-party service failures or acts of God.
System Records as Evidence
TThe OMC acknowledges and agrees that all records, logs and transaction data generated by the Nexus system shall constitute the official and binding record of all transactions and communications conducted through the platform.
Data Protection and Compliance
The OMC warrants that all data submitted through the Nexus system complies with applicable data protection, privacy, and confidentiality laws. The OMC further confirms that it has obtained all necessary consents and approvals for such data submission. The system operator shall not be liable for any claims arising from inaccurate, unauthorized or unlawful data provided by the OMC.
Suspension and Termination
The system operator reserves the right to suspend or terminate the OMC’s access to the Platform, without prior notice, where there is:
- breach of these terms;
- suspected fraud or misconduct; or
- non-compliance with applicable laws or regulatory requirements.