Terms & Conditions

Effective Date: October 24, 2025

These Terms of Use and Service (“Terms”) govern your access to and use of www.sariescrow.com (the “Site”), its sub-domains, and the Sari Escrow mobile application. These Terms also incorporate our Privacy Policy and any additional guidelines or agreements we may provide.

The Site and App are operated by Sari Escrow (“Sari Escrow,” “we,” “us,” “our”).
The terms “user,” “you,” “your,” and “yourself” refer to any individual accessing our Site or mobile application, whether registered or not.

By accessing or using our Services, you enter into a legally binding agreement with Sari Escrow. You must read these Terms together with our Privacy Policy to fully understand your rights and obligations.

We reserve the right to take any technical, legal, or administrative actions we deem necessary to enforce these Terms, without prior notice.

Sari Escrow is not a bank, payment service provider, money remittance business, or financial institution. All payments occur directly between buyers and sellers using independent third‑party payment channels (e.g., M‑Pesa Paybill/Till). We do not process payments, lend money, provide credit, or operate as a financial services entity.

All deposited funds are handled through our integrated payment partners, who facilitate the actual money movement. We simply manage the escrow workflow and release permissions.

1. Acceptance of Terms

By accessing or using our Site or mobile application, you agree to be bound by these Terms and our Privacy Policy.
You may not use our Services if:

You are not of legal age to form a binding contract, or
Your local laws prohibit you from receiving or using our Services.

Certain Services may require you to accept additional agreements (“Additional Agreements”). If there is a conflict between these Terms and an Additional Agreement, the Additional Agreement will govern the specific Service.

2. Our Services (Escrow coordination only)

Sari Escrow provides a secure escrow platform that facilitates transactions between buyers and sellers of goods and services.

Key features include:

Communication tools
Transaction milestones
Evidence submission
Automated dispute workflow
Conditional release notifications
SMS-based invitations between Buyer and Seller
Transaction details including price, description, and amount
Viewing pending payments, funds in escrow, and past transactions
Transaction management tools for both parties

The platform does not:

Process payments for the user, rather the user processes payments for self
Collect or store user funds
Act as an agent or broker for any party
Offer financial advice or investment services

We aim to ensure a reliable, safe, and efficient experience using modern technology and strong customer support.

Some features may be subject to Additional Agreements.

3. User Accounts

To access certain features, you must create an account.

When registering, you agree to:

Provide accurate and complete information
Maintain confidentiality of your password
Accept full responsibility for activities under your account

We may suspend, freeze, or terminate your account at our discretion, especially in cases of suspected breach of these Terms or unlawful activity.

You warrant that:

You have the legal authority to accept these Terms.
You will use our Services only for lawful personal or business purposes.

Users agree to:

Make payments only through approved third‑party channels
Share accurate evidence (receipts, delivery proof, etc.)
Comply with Kenyan law and applicable platform rules
Ensure product legality and ownership

4. Fees & Payments

Creating an account is free.

If you use Services that require payment, you agree to:

Pay all applicable fees as updated periodically
Provide accurate and current billing information

We use third-party payment processors (e.g., M-PESA). Their terms and privacy policies apply. Sari Escrow is not responsible for errors by you or payment processors.

The platform may:

Review submitted evidence
Make a non-binding recommendation to release or refund

The platform does not guarantee outcomes and is not liable for payment or delivery failures.

The platform is not liable for:

Delivery issues
Product authenticity
Payment provider failures

Escrow Fees

General Merchandise & Services: 2% of purchase value
If a full refund is approved in the Buyer’s favor, the Buyer bears the full escrow fee
Withdrawal fees depend on the respective third-party processor used

5. Prohibited Activities

You agree NOT to:

a. Violate these Terms or encourage others to do so
b. Infringe intellectual property or privacy rights
c. Use bots, scrapers, or data extraction tools
d. Disrupt Site operations
e. Distribute illegal, harmful, fraudulent, or offensive content
f. Engage in activities that imitate or compete with Sari Escrow
g. Link to our Site without written permission
h. Remove copyright or trademark notices
i. Copy or create derivatives of our Site
j. Reverse engineer our systems
k. Send spam, chain letters, or unsolicited ads
l. Collect personal data without consent
m. Misrepresent affiliation with any entity

Prohibited use:

Money laundering
Fraud
Stolen goods
High-risk regulated items (e.g., weapons, illicit drugs)
Circumvention of payment platforms

Violations may lead to immediate suspension or termination without refund.

6. Breach by User

You may be considered in breach if:

You fail to fulfill a contract after receiving escrow funds
You provide false or misleading information
Your account information is outdated or inaccurate
Your actions pose financial or legal risk to Sari Escrow or other users

We may impose penalties, restrict account access, or fully terminate Services based on our assessment.

7. No Spam

We prohibit all forms of unsolicited messaging.
All commercial communications from us will include an unsubscribe option.

8. Ownership of Intellectual Property

All trademarks, logos, images, text, data, software, and other content belong to Sari Escrow or its licensors.
You may not copy, modify, or reproduce any content without written permission.

9. No Endorsement

Content displayed on the Site (including stock images and third-party posts) does not necessarily reflect Sari Escrow’s views.
We are not responsible for verifying or moderating every piece of content.

10. User Privacy

Your use of our Services is governed by our Privacy Policy.
By providing information to us, you consent to our data practices as described in the Policy.

11. Term & Termination

These Terms begin when you first access or use our Services and continue until:

Your account is suspended or deleted
We discontinue your access
We cease providing the Services

Upon termination, you must stop using our Services immediately.
You remain responsible for ongoing escrow obligations.

12. Amendments

We may update or modify the Site, these Terms, or the Privacy Policy at any time.
Changes will be posted on the Site and may be communicated via email.
Continued use after updates means you accept the revised Terms.

13. User Assumption of Risk

You understand that using the Site involves certain risks, including:

Fraudulent transactions
Misrepresentation
Defective or unsafe goods
Delays in delivery or payment
Possible third-party claims
International transaction risks

Sari Escrow is not liable for damages arising from these risks.

14. No Warranty

The Site and Services are provided “as is” and “as available.”
We do not guarantee:

Error-free operation
Uninterrupted access
Accuracy of listings or content
Specific outcomes

All use is at your own risk.

15. Disclaimer of Damages

Sari Escrow is not liable for:

Direct, indirect, incidental, or consequential damages
Lost profits, revenue, or data
Business interruption
Personal injury
Claims involving goods or services transacted through the Site

This applies regardless of legal theory or prior notice of possible harm.

16. Limitation of Liability

To the maximum extent allowed by law, Sari Escrow’s total liability is limited to the amount you paid us for using the Services.

Some jurisdictions may not allow certain limitations, so some provisions may not apply to you.

17. Indemnification

You agree to defend and indemnify Sari Escrow from any claims arising from:

Your actions
Your content
Your violation of these Terms or the Privacy Policy
Third-party rights violations
Failure to meet payment or service obligations

18. General Provisions

Your dealings with third-party advertisers are solely between you and them.

Assignment

You may not transfer your rights without written consent. We may assign ours to affiliates or successors.

Content Moderation

We may review and remove inappropriate content.

Force Majeure

We are not liable for events beyond our control (e.g., natural disasters, internet outages, strikes).

Notices

Legal notices must be sent in writing via email, courier, or registered mail.

Severability

If any section is invalid, the remaining sections still apply.

No Waiver

Not enforcing a right does not waive that right.

Independent Relationship

You and Sari Escrow are independent contractors.

19. Applicable Law & Dispute Resolution

These Terms are governed by the laws of the Republic of Kenya.

The losing party in any dispute must pay the legal fees and costs of the winning party.

20. Contact Information

For questions or complaints:

📧 info@sariescrow.com
📞 +254 723 724 724

Escrow Services Addendum

(Legally Binding Supplement to the Terms)

1. Introduction

This Escrow Services Addendum (“Agreement”) applies to users who participate in Sari Escrow’s payment-holding and transaction-management services (“Escrow Services”).
Only registered and approved users may use these Services.

If you access the Services on behalf of a company, you confirm that you have authority to bind that company.

If you do not agree to this Agreement, you may not use the Escrow Services.

If conflicts arise, the order of precedence is:

The Terms
Any mutually executed Escrow Agreement
This Addendum

2. Definitions

Administrative Fees – Charges for unmet or delayed obligations
Buyer – Registered user purchasing goods
Seller – Registered user selling goods
Escrow Services – Payment holding and release system
Escrow Account – Non-interest-bearing account managed by Sari Escrow
Escrowed Funds – Buyer’s funds deposited for a transaction
Processing Fee – Fees for receiving and transferring Escrowed Funds
Service Fees – Charges for use of Escrow Services
Other Payment – Additional payments made by Buyer through Sari Escrow
Parties – Buyer and Seller

Current Service Fees

General Merchandise & Services: 2% of purchase price
Reversals: Buyer pays full escrow fee + withdrawal fee charged by the third-party payment provider

3. Sari Escrow’s Responsibilities

Sari Escrow will:

Confirm incoming funds
Hold Escrowed Funds securely
Release funds after Buyer approval
Freeze funds when necessary (fraud, disputes, poor performance)
Rely on good-faith communications from parties
Cancel Escrow Services if parties cannot agree
Seek legal counsel when instructions conflict

We do not:

Guarantee the quality or delivery of goods
Track shipped or delivered products
Guarantee payment source until funds are confirmed
Assume liability except for cases of gross negligence

If uncertain about duties or obligations, we may deposit Escrowed Funds with a court to release ourselves from further liability.

4. Buyer Obligations

Buyers must:

Deposit funds and pay Service & Processing Fees
Release Escrowed Funds within 24 hours of receiving goods/services
Respond to Seller or Sari Escrow communications promptly

Failure to act may result in:

Funds being held
Funds being released
Additional administrative costs

5. Seller Obligations

Sellers must:

Provide accurate descriptions
Deliver goods/services as agreed
Respond to refund requests within 3 business days

If the Seller fails to respond:

Sari Escrow may hold or release funds
Disputes may be resolved in the Buyer’s favor

6. Refunds & Disputes

Refund Process

Buyer must justify refund request
Seller has 3 business days to respond
Non-response allows Sari Escrow to decide the outcome
All fees (Service, Processing, Administrative) remain payable

Mediation

Timeframes to request mediation:

Goods: within 3 days of delivery
Motor vehicles: within 7 days
Services: within 24 hours

If the parties cannot agree:

Either may escalate to Sari Escrow’s disputes team
If neither party escalates within 2 days, funds go to Seller
Decisions are based solely on evidence provided

Compliance

We use licensed service providers like Safaricom Lipa na MPesa, mobile money, licensed PSP/bank for ALL money movement and use a licensed PSP, bank, or M-Pesa Paybill/Till as the underlying custodian.
We are an escrow coordination service technology platform, an entirely software intermediary that provides buyer–seller transaction protection by coordinating conditional releases between parties. We provide only the platform, not the payment service. Our system only coordinates but it doesn’t control.
We provide software logic only
We only provide instructions not transfers. The platform only generates digital instructions to the payment partner based on user confirmations or dispute resolutions. We act solely as an arbitrator of platform rules. Our dispute outcomes only determine the instructions.
All AML(anti money laundering) screening and KYC verification are performed by licensed payment partners. We may collect identifying information only to support dispute resolution and fraud prevention within the platform.
We never:
- hold customer funds in our own name
- create customer escrow bank accounts under our company name
- decide when the funds move, what the destination is, or how completion works
- Give our customers balances, credits, or internal ledgers
- issue stored value
- transfer money on behalf of users
- create wallets or operate any ‘wallet-like’ functionality
- earn interest on float
- hold funds longer than the agreed window.
- manually dispatch payments.
We provide a platform where buyer and seller transact.
We match parties and facilitate trust.
We provide dispute resolution.
We schedule conditional releases.
We charge an escrow facilitation fee/service fee as a platform fee
We act as a marketplace trust facilitator/mechanism; we are not a bank, financial service provider, money transfer service or a PSP.
Users transact directly via mobile money or PSP
We maintain:
- Transaction logs
- Dispute logs
- KYC on sellers
- Fraud checks
We are a Technology Services Provider, SaaS (escrow as a service).
We provide transaction workflow infrastructure, manage verification and milestones, manage disputes and provide the reporting and dashboard.
Our basic system architecture: Buyer → mobile money such as MPesa, PSP, Bank → PSP → Seller
Our platform only:
- instructs split
- validates conditions
- provides confirmation
- stores metadata
We do
- Seller vetting (basic KYC)
- Fraud monitoring
- Automated dispute resolution workflow

How Our Escrow Process Works

Buyer authorises payment to seller through the selected payment channel.
Funds are held until release conditions are met.
Our platform only manages workflow, confirmation, and dispute resolution.

We are committed to transparency and security by maintaining full transaction logs, verification processes, and fraud controls to ensure safety for all users.

Trademark Notice

“SARI ESCROW” is a registered trademark.
Sari Escrow is not affiliated with NCBA, M-PESA, Pesalink, or any other payment provider.
All respective trademarks belong to their owners.