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MALL> Terms and Conditions & Privacy Polices

Terms and Conditions & Privacy Polices

2019-07-04 05:40


1. Introduction 

Welcome to Kilimall website (the “Site”, “we”, “us” and “our”). These terms and conditions (“Terms and Conditions”) apply to the Site and all of its divisions, subsidiaries and affiliate operated internet sites which reference these Terms and Conditions. By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions, you shall not use the Site. Site reserves the right to change, modify, add or remove these Terms and Conditions at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.



2. Use of the Site 

You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on the site is solely for informational purposes. Product representations expressed on the Site are those of the vendor and are not made by the Site. Submissions or opinions expressed on the Site are those of the individual posting such content and may not reflect the opinions of the Site.



Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional e-mails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional e-mail.



3. User Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to questions, reviews, comments and suggestions (collectively "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.



4. APP PERMISSIONS

When you use apps created by Kilimall, such as the Kilimall App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. 



5. Dispute

Any dispute or claim relating in any way to your use of any Kilimall Service, or to any products or services sold or distributed by Kilimall will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.



6. Order Acceptance and Pricing

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address before we accept the order.

In order to avoid any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. The absence of an answer following such a demand will automatically cause the cancellation of the order within 2 days. We reserve the right to proceed to direct cancellation of an order for which we suspect a risk of fraudulent use of credit or debit card.

We are determined to provide the most accurate pricing information on the Site to our users. However, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.



7. PRODUCT DESCRIPTIONS

Sellers in Kilimall platform attempt to be as accurate as possible. However, Kilimall does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Kilimall Seller itself is not as described, your sole remedy is to return it in unused condition.



8. RETURNS, REFUNDS AND TITLE

Kilimall does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Kilimall does not take title to the refunded item. For more information about our returns and refunds, please see our return policy. Kilimall will keep the product for you for a maximum of 90 days for you to request re-send after which it shall be treated as unclaimed goods. 



9. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT



You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kilimall reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Kilimall a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kilimall and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kilimall for all claims resulting from content you supply. Kilimall has the right but not the obligation to monitor and edit or remove any activity or content. Kilimall takes no responsibility and assumes no liability for any content posted by you or any third party.







10. Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, on the Site, information content on the Site and all the website design, including but not limited to text, graphics, software, photos, video, music, sound, their selection and arrangement, all software compilations, underlying source code and software shall remain our property. The entire contents of the Site are protected by copyright as a collective work under Kenyan copyright laws and international conventions. All rights are reserved.



11. Arbitration



Any disputes, controversies or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.



12. Applicable Law

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya.



13. Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon the termination of the Terms and Conditions, we shall, in addition to any other legal or equitable remedies, immediately revoke the password and account identification issued to you and deny your access to and use of the Site in whole or in part. Any termination of the Terms and Conditions 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. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of B2C Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.





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