Terms and Conditions
Effective 2017-2018
These terms and conditions of use ("Terms and Conditions") apply to elgonkenya.co.ke (“the Site”), and all of its divisions, subsidiaries, and affiliate operated Internet sites (“subsite”) which reference these Terms and Conditions. The Site including any accessible subsites is published and maintained by Elgon Kenya Limited (“the Company”). When you access, browse, or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite or other Company policies. You shall not use this website if you do not agree to these Terms and Conditions of use.
Use of the Site and Its Contents
This Site is only for your personal use and should only be accessed by persons over the age of 18 unless accessing the Site under the supervision of a legal guardian. Subject to the these Terms and Conditions, the Company grants you a non-exclusive, non-transferable revocable right to use the Site for purposes of shopping for the products sold by the Company on the Site. You may not distribute exchange, modify, sell, or transmit anything you copy from this Site, including but not limited to any text, images, audio, and video, for any business, commercial, or public purpose. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Any breach of the Terms and Conditions herein shall lead to immediate revocation of the rights granted herein without notice or further reference to you.
Registration to Use the Site
You will be required to register to the Site through
a) providing information as requested by the Site to enable the Company confirm and deliver your orders,
b) sign up whereby you will have a permanent account (subject to the Company’s right to discontinue your account) with a username and password and you will be able to login in to purchase products through your account.
This Site allows you to sign up to receive our newsletters, campaigns, offers, and other promotional and marketing material. You may unsubscribe from receiving these materials at any time by following the steps set out for unsubscribing. You agree to give current accurate and valid details (including but not limited to full names, mobile numbers, identification documents, email addresses) whenever filling the registration. You are solely responsible for keeping passwords and your account information safe and secure and for all activities that occur under such password or account. In the event of any unauthorized use of your account, you are required to inform the Company immediately. The Site takes no responsibility direct or indirect, for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. Please see our Privacy Policy with regard to information collected from you.
Ownership
All content on this Site, including but not limited to text, graphics, logos, button icons, images, video and audio clips, digital downloads, data compilations, and software (the "Content"), is the intellectual property of the Company or third parties and is protected by Kenyan trademarks, patents and copyrights laws, applicable international conventions, and other intellectual property laws and the Company grants no right or authority to you to use them. The content of this Site can only be used as specified herein and within the set out limitations. Any unauthorized use shall be a violation of the law and may result in legal action. The Company takes no liability for products listed on the Site whether owned by or packaged by the Company and or third parties and the Company gives no warranty express or implied for the their use and fitness of purpose.
Responsibility for Site User Material
You shall not use this Site to post, send, transmit, upload, or otherwise publish any materials that are false, unlawful, illegal, unethical, infringing on other person’s rights including rights to ownership or privacy and you agree to comply with any additional terms which are referred to on this Site or any subsite within the website. You shall not impersonate any person or pretend to be someone other than yourself or use this Site to mislead, transmit false information to the Company, other users or to third parties. The Company is under no obligation to monitor or review the users on the Site including in bulletin boards, chatrooms, discussions, postings and any other communication and the Company assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. The Company may delete or change any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate the Company’s and other user’s rights in any way. It is the Company’s policy to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting such materials.
The Company's Rights to User's Material
Any communication or material you send to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, and all such communications are, and will be treated as, non-confidential and non- proprietary and will become our sole and exclusive property and shall not be returned to you. Thus any use of such material by the Company shall not be a violation of your rights including rights to ownership, privacy or credit for material or ideas, or any other right, including the right to approve the way the Company uses such material. You hereby agree that the Company is free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information and you have no rights to compel such use.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase in your particular country, county, or locality. The reference to such products and services on the Site does not imply or warrant that these products or services will be available at any time in your particular location.
Purchase Orders, Prices, Confirmation and Delivery
The Site provides a step by step prompt system of placing an order, payment and delivery. You should always check product information before placing an order to ensure you get the correct specifications. Products may be in stock or out of stock and you should ensure the item you are purchasing is in stock unless it has been flagged as pre-order in which case the product will delivered when available. Orders shall only be confirmed and delivery made during working hours from 8.30 a.m-5.00 p.m Monday to Friday. No confirmation or delivery of orders will be done on weekends and public holidays. After confirmation of an order, delivery within Kenya will take 2-5 days with an additional delivery fee to be calculated at the time of placing your order. Delivery will be done through EMS and G4S couriers and you will be required to choose the most convenient.
You have various delivery options:
a) The Company may at its discretion make delivery to your doorstep only if you are within a 3 km radius from the Company offices.
b) You may choose to collect the purchased products from the Company offices within 3 days after confirmation of order.
c) You will collect the ordered products from your selected courier offices or pick up station.
All purchase orders will be on cash only basis and the Company will not confirm or deliver any products unless a confirmation of payment has been received. You will be required to make payment using the various methods available on the Site. The Company reserves the right to refuse or cancel any order for any reason at any given time subject to the various Site policies in place. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before the Company accepts the order. The Company reserves the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with the Company. Failure to provide requested information will lead to automatic cancellation of the order without further reference to you within 3 business days.
The Company reserves its right to immediate cancellation of orders on suspected fraudulent use of credit, debit card, e-payment or any other form of payment, and on any suspicious transaction on this Site. The Company is determined to provide the most accurate information on the products and the prices on the Site to our users. However, where errors have occurred and the prices are not correctly displayed on the Site, the Company reserves the right to refuse or cancel any order whether the order has been confirmed or not, whether payment has been made or not. The Company retains the right and discretion to inform you of such cancellation either before or after the cancellation. For return of products and exchange (if any), see our policy here.
Links and subsites
This website may contain links to other Internet sites which are solely for your convenience only, and the Company is not responsible for the content of any website linked to or from this Site. Links from this Site to any other website do not mean that the Company approves of, endorses, or recommends that website and the Company disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Contests, Promotions and Sales
This Site may contain contests that offer prizes or that require you to send in material or information about yourself. Each contest has its own rules, which you must read and agreed to before you may enter. This Site may also have short-term offers and promotional sales which may be limited in availability, discounted in prices and run for a limited time. The Company reserves its right to apply terms and conditions specific to those promotional sales or contests and will not accept liability for any unconfirmed orders, out of stock products or any liabilities arising from such sales and or contests.
Right to Change Terms and Conditions of Use or Content on the Site
The Company reserves the right to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes. The Company may add, change, discontinue, remove, or suspend all or any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Indemnification
You agree to indemnify, defend, and hold the Company and all of its agents, directors, employees, information providers, licensors and licensees, officers, and affiliates (collectively, "Indemnified Parties"), harmless from and against any and all liability and costs (including, without limitation, advocates' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties, and covenants. You agree to cooperate as fully as reasonably required in the Company's defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.
Disclaimer of Warranties and Limitation of Liability
Your use of this site is at your own risk. This Site including all information, content functions and products made available on or accessed through this site is provided on “as is” and “as available” basis unless otherwise specified in writing. The Company makes no representations or warranties of any kind whatsoever, express or implied, as to the operation, accuracy, fitness for a particular purpose of the Site, or the information, content, materials, products or other services included on or otherwise made available to you through the Site, unless otherwise specified in writing. The Company gives no warranties that the server that makes this Site available is free of viruses or other components that may infect, harm, or cause damage to your computer equipment or any other property when you access, browse, download from, or otherwise use the Site. Under no circumstances, including but not limited to the company's negligence, shall the Company be liable for any consequential, direct, incidental, indirect, punitive, or special damages related to
(i) the use of the Site,
(ii) the inability to use the Site, or
(iii) errors or omissions in the contents and functions of the Site
(iv) the products offered on the Site, even if the Company or an authorized representative thereof has been advised of the possibility of such damages.
In no event shall the Company's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed the cost of the actual product purchased.
Termination
The Company reserves its right without prior notice to you, to immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and the Company shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. Your sole and exclusive remedy to any dissatisfaction with the Site or the Terms and Conditions set out herein is to discontinue using the Site and the Company will not be liable for any damages you may incur in continued use of the Site. Arbitration Any dispute or claim relating in any way to your use of this Site or to any products or services sold by the Company on this Site, or to the performance or interpretation of these Terms and Conditions, or to any other matter or thing arising under these Terms and Conditions will be resolved by at first instance by amicable negotiation and if no resolution is achieved within fourteen (14) business days, such dispute shall be referred to arbitration under provisions of the Arbitration Act No. 5 of 1995 Laws of Kenya [as amended from time to time] before one arbitrator mutually appointed by the parties. If parties disagree, such arbitrator shall be appointed by the Chairperson for the time being of the Institute of Arbitrators [Kenya Branch] upon the application of either party. The arbitration shall be conducted in English in Nairobi and the award of the arbitration tribunal shall be final and binding and enforceable in any court of competent jurisdiction.
General Provisions
a) These Terms and Conditions of Use and any additional terms posted on this Site together constitute the entire agreement between the Company and you with respect to your use of this Site.
b) Any cause of action you may have with respect to your use of this Site must be commenced within six (6) months after the claim or cause of action arises.
c) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use, or portion thereof, to be unenforceable, that provision shall be, and the remainder of these Terms and Conditions of Use shall continue in full force and effect.
If any of these terms and conditions or any portion shall be deemed invalid, void, or for any reason unenforceable, that term and or condition shall be deemed severable and enforced to the maximum extent permissible so as to effect the intent of this agreement. In any event, such term and or condition shall not affect the validity and enforceability of any remaining terms and conditions.
d) These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Kenya.
e) The Company has other policies [Returns and Exchange Policy, Privacy Policy] on this Site and you are required to familiarize yourself with the contents terms and conditions therein for proper use of this Site.
