(Last modified 2025-12- 01)

NOTICE

By using this App, you are agreeing to be bound by these Terms of Service. Subject to your compliance with these Terms of Service, we grant you a personal, non-transferable license to download and install a copy of the App which allows you to access and use the BDL Online Sales Order Service on mobile devices that you own or control. You may use those copies of the Mobile App solely for your own personal use. You also hereby agree not to duplicate, transfer or reverse engineer any part of the online services to any medium without BDL’s prior written consent. Our services are currently offered free of charge but you agree that your carrier’s normal rates and fees will still apply for whatever device(s) you use to access the service, and that you are fully responsible for paying all such charges, rates, and fees. Please read the following terms and conditions and the privacy policy carefully before using this online service. if in doubt, please seek professional advice. This is or will form a legally binding agreement between you and Brookside Dairy Limited (“BDL”) establishing the terms and conditions under which this online service may be used. use of any online service implies that you have accepted these terms and conditions. if you do not accept these terms and conditions, please do not access this site and do not use the online services.

ACCESS

In order for you to access and use the service, you agree and acknowledge that BDL Online Sales Order (the Application “App”) will use your phone number to register your account. You expressly agree that BDL Online Sales Order will periodically access your sms to get the OTP. When providing your phone number, you must provide accurate information. By downloading and using the App, you agree and consent for others with your phone to access the OTP sms that will be used on the BDL Online Sales Orders

MATERIALS AND INFORMATION

All intellectual property rights in or to BDL’s Apps including BDL Online Sales Order and any BDL Online Sales Order Software (including any future updates, upgrades and new versions to all such BDL Online Sales Order Software), will continue to belong to Brookside Dairy Ltd. As outlined in these Terms, you have no right to use our intellectual property rights. In particular, you have no right to use our trademarks or product names, logos, domain names or other distinctive brand features without our prior written consent. Any comments or suggestions you may provide regarding BDL Online Sales Order are entirely voluntary and we will be free to use these comments and suggestions at our discretion without any payment or other obligation to you. Materials, information, marks and logos contained in or displayed on this App are protected by intellectual property rights under applicable laws. No part of these material, information, marks and logos may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for any commercial or public purposes without the written permission of BDL or the party owing these material, information, marks and logos.

WARRANTY DISCLAIMER

To the extent permitted by applicable laws and regulations, this app is provided on an "as is" and "as available" basis and neither us nor any of our staff, directors and developers make any representation or warranty or gives any undertaking in relation to BDL online services including but not limited to BDL online sales order and any content transmitted or displayed by BDL online sales order, including:

1. Any representation, warranty or undertaking that BDL online sales order will be uninterrupted, secure or error-free or free from viruses;
2. That BDL online sales order will be compatible with your device; or
3. That BDL online sales order will be of merchantable quality, fit for a particular purpose or not infringe the intellectual property rights of any person. to the extent permitted by applicable laws and regulations, you waive any and all implied representations, warranties and undertakings.

You clearly acknowledge and understand that BDL will not be liable for network-related problems and that network configuration changes may affect the App’s performance. BDL makes no representation that the services are available for use in any particular location. To the extent you choose to access the services, you do so at your own initiative and that you are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

LIABILITY

Under no circumstance shall BDL, its directors, employees, or developers, be liable to you for any direct, indirect, incidental, special, or consequential damages whatsoever resulting from:

1. Errors, mistakes, or inaccuracies of content.
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service.
3. Any unauthorized access to or use of our secure servers and/or any personal information stored therein.
4. Any interruption of transmission to or from our servers.
5. Any bugs, viruses, Trojan, or the like, which may be transmitted to or through our service by any third party.
6. Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or made available via the app/service.
7. The disclosure of information pursuant to these terms of service or privacy policy

PRIVACY

Unless restricted by applicable laws, you agree that any and all personal data relating to you collected by BDL from this App may from time to time be used and disclosed for such purposes and to such persons as may be in accordance with the BDL's prevailing Privacy Policy as amended from time to time.

INDEMNITY

You hereby agree to indemnify and to keep BDL fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by BDL arising from or which is directly or indirectly related to your download and use of this app/service.

TERMINATION

BDL may terminate these terms and conditions, your access to and use of online services at any time, without prior notice to you.

MODIFICATION

BDL reserves the right in its discretion to change at any time without prior warning or notice any information or material regarding this App and is entitled from time to time to amend the terms and conditions under which this App is used with prior notice to you. Such change will be reflected by the “last modified date” above. If you continue to access this App or use any of the online services after such modification, you are regarded to have agreed to be bound by such modified information, material, and terms and conditions.

Privacy Policy

(Last modified 2025-12- 01)

This Privacy Policy relates to the collection, use and disclosure of Personal Data by Brookside Dairy Limited (“BDL”, “we” or “our”). Personal Data is information relating to an individual or corporate (“you” or “your”). Personal Data comprises all the details BDL holds or collects about you, which may include the following: geo-location, your IP address, device ID or unique identifier, device manufacturer and type, operating system, operator, IMSI, connection information, screen resolution and other information based on your interaction with our services.

Purposes for which we may handle your Personal Data

Purposes for which we may handle your Personal Data The purposes for which we may handle your Personal Data include the following:

1. Processing applications for products and services, effecting payments, transactions and completing instructions or requests;
2. Providing products and services;
3. Assessing suitability for products and services, to maintain and improve them, develop new ones, and to protect the services (including online services such as BDL Online Sales Order and its users);
4. Operational purposes, statistical analysis, including behavioral analysis and profiling;
5. Conducting market research and surveys with the aim of improving our products and services, marketing & promotional events, and competitions;
6. For the prevention, detection, investigation and prosecution of crime in any jurisdiction (including, without limitation, money laundering, terrorism, fraud and other financial crime);
7. Identity verification, government sanctions screening and due diligence checks – BDL may contact you via call or text to verify the phone number you have used to register for our online services or may display the name associated with a certain phone number as saved by other users as stored in the online services database;
8. To comply with: local or foreign law, regulations, voluntary codes, directives, judgments or court orders, orders from any authority, regulator, or enforcement agency; good practice, government sanctions or embargoes, reporting requirements under financial transactions legislation, and demands or requests of any authority, regulator, tribunal, enforcement agency, or exchange body;
9. To seek professional advice, including, in connection with any legal proceedings (including any prospective legal proceedings), for obtaining legal advice or for establishing, exercising or defending legal rights;

To whom we may disclose Personal Data

BDL may disclose your Personal Data to any of the following parties for any of the purposes specified above:

• Professional advisers (including auditors), third party service providers, agents or independent contractors providing services to support BDL’s business;
• Any person to whom disclosure is allowed or required by local or foreign law, regulation or any other applicable instrument;
• Any court, tribunal, regulator, enforcement agency, exchange body, tax authority, or any other authority (including any authority investigating an offence) or their agents;
• Any debt collection agency, credit bureau or credit reference agency, rating agency correspondents, insurer or insurance broker, direct or indirect provider of credit protection, fraud prevention agencies and detection of crime purposes;

Data Security

BDL uses physical and technical safeguards to preserve the integrity and security of your Personal Data. We cannot, however, guarantee that user information will not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If BDL learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. When using external service providers, we require that they adhere to the same security standards as BDL. Personal data may be transferred to, or stored at, a location outside of your country of residence. Regardless of where personal data is transferred, we take all steps reasonably necessary to ensure that personal data is kept securely. You should be aware that the Internet is not a secure form of communication and sending and receiving information over the Internet carries with it risks including the risk of access and interference by unauthorized third parties. Information passing over the Internet may be transmitted internationally (even when sender and recipient are located in the same country) via countries with weaker privacy and data protection laws than in your country of residence. We do not accept responsibility or liability for the confidentiality, security or integrity of your Personal Data in connection with its transmission over the Internet.

Milk Suppliers below KShs 5million per year

Where the milk supplier fails to issue BDL with a tax compliant invoice, BDL shall raise reverse invoices which are compliant with the law. In this respect the following terms shall apply:

The purpose of this Consent Form is to obtain your informed consent for BDL to issue invoices on your behalf for goods supplied by you to BDL, in accordance with applicable tax laws and agreed commercial terms. The personal information provided by you is voluntary and shall be used and stored on secure platforms. The personal data that may be collected, shared and/or processed for this purpose includes KRA personal identification numbers that will facilitate issuance of invoices on your behalf to BDL. BDL may share this information with third-party service providers only as necessary for purposes of reverse-invoicing and ancillary services or as required by governmental authorities.

By signing this Consent form, you consent to the collection, use and storage of your personal information by BDL and authorize BDL to prepare and issue tax invoices on your behalf for transactions where you are the supplier and BDL is the buyer.

Each Invoice shall include the agreed pricing and quantities as confirmed between the parties and all mandatory tax information required under applicable tax legislation.

Further, you hereby agree to, provide accurate and up-to-date registration details, including legal name, registered address, KRA personal identification number and any changes thereto; promptly notify BDL of any inaccuracies, disputes or adjustments required in any Invoice; and comply with all applicable laws governing reverse-invoicing arrangements.

BDL agrees to issue Invoices accurately and in accordance with agreed commercial terms; maintain proper records of all Invoices issued under this arrangement; cease issuing reverse Invoices if so required by law or upon termination of this consent; and provide copies of the Invoices to you upon request.

This consent is effective from the date of of your acceptance of these terms and conditions and shall remain in force until withdrawn by you in writing. You shall have the right to object to the continued processing of your personal information at any time. Upon withdrawal of consent, BDL will cease issuing the Invoices, and you will be required to issue your own invoices.

An Invoice shall be deemed accurate unless you raise a written dispute within seven (7) days of receiving the Invoice.

You have the right to access your data and know how it is being used, correct inaccurate or incomplete data, withdraw your consent at any time (though this may affect your ability to supply goods to BDL) and your data will be retained for as long as necessary to the fulfill the purposes mentioned above or as may be required by applicable law. After this period, your data will be securely deleted. This Agreement shall be governed and construed in accordance with the laws of the Republic of Kenya.

Retention

We will retain your Personal Data for legal, regulatory, business and operational purposes.

Modification

This Privacy Policy may be revised from time to time and this will be reflected by the “last modified date” above. If you continue to access this App or use any of the online services after such modification, you are regarded as having agreed to be bound by such modified information, material, and terms and conditions.