Terms and Conditions
Last Updated: 01/05/2020
Version 1.0
This website and any
mobile application (collectively, this "Site") is owned by Webtribe Limited ("We", "Us" or "Webtribe Limited"). We are providing you with access to this Site and our
online store (together, our "Services") subject to the following
terms and conditions. By browsing, accessing, using, registering for or
purchasing merchandise on this Site or otherwise using our Services, you are
agreeing to all of the following terms and conditions, including any policies
referred to herein (collectively, these "Terms"). So, please read
these Terms carefully. We reserve the right to change this Site and these Terms
at any time. If you are unwilling to be bound by these Terms, you should not
browse, access, use, register for or purchase merchandise from the Site. You
represent and warrant that you are at least 18 years old or visiting this Site
under the supervision of a parent or guardian.
Privacy Policy
Our
Privacy Policy, which also governs your visit to Our Site, can be found HERE. Please review our Privacy Policy for
information on how we collect, use and share information about our users.
Use of This Site
Subject
to your compliance with these Terms, We grant you a limited, non-exclusive,
non-transferable, non-sub licensable license to access and make personal,
non-commercial use of this Site. This license grant does not include: (a) any
resale or commercial use of this Site or content therein; (b) the collection
and use of any product listings or descriptions; (c) making derivative uses of
this Site and its contents; or (d) use of any data mining, robots, or similar
data gathering and extraction methods on this Site. You may not use, frame or
utilize framing techniques to enclose any of Our trademark, logo, content or
other proprietary information (including the images found at this Site, the
content of any text or the layout/design of any page or form contained on a
page) without Our express written consent. Further, you may not use any meta-tags
or any other "hidden text" utilizing our name, trademark, or product
name without our express written consent. Any breach of these Terms shall
result in the immediate revocation of the license granted in this paragraph
without notice to you. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the homepage of this Site so long as the link
does not portray us or our products or services in a false, misleading, derogatory,
or otherwise offensive matter. This limited right may be revoked at any time.
You may not use any of our logos or other proprietary graphics or trademarks as
part of the link without express written permission.
Account
In order to access some features of this Site,
you may be required to register and we may assign to you, or you may be
required to select, a password and user name or account identification. If you
register, you agree to provide us with accurate and complete registration
information, and to inform us immediately of any updates or other changes to
such information. You are solely responsible for protecting the security and
confidentiality of the password and identification assigned to you. You shall
immediately notify us of any unauthorized use of your password or
identification or any other breach or threatened breach of this Site's
security. Each time you use a password or identification, you will be deemed to
be authorized to access and use the Site in a manner consistent with these Terms,
and we have no obligation to investigate the authorization or source of any
such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS
TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION
ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND
USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION,
ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT
LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
Electronic
Communication
When
you use this Site, or send emails to us, you are communicating with us
electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this Site or
through our other services. You agree that all agreements, notices, disclosures
and other communication that we provide to you electronically satisfy any legal
requirements that such communications be in writing.
User Content
This Site
may include features and functionality ("Interactive Features") that
allows users to create, post, transmit or store any content, such as text,
music, sound, photos, video, graphics or code on the Sites ("User
Content"). User Content is publicly-viewable and may include your profile
information and any content you post pursuant to your profile, but it does not
include your account information or information you submit in order to make a
purchase. You agree that you are solely responsible for your User Content and
for your use of Interactive Features, and that your use any Interactive
Features at your own risk. By using any Interactive Areas, you agree not to
post, upload to, transmit, distribute, store, create or otherwise publish or
send through the Sites any of the following:
- User
Content that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory,
fraudulent or otherwise objectionable;
- User
Content that would constitute, encourage or provide instructions for a
criminal offense, violate the rights of any party or that would otherwise
create liability or violate any local, state, national or international
law;
- User
Content that displays, describes or encourages usage of any product We
sell in a manner that could be offensive, inappropriate or harmful to Us
or any user or consumer;
- User
Content that may impinge upon or violate the publicity, privacy or data
protection rights of others, including pictures, videos, images or information
about another individual where you have not obtained such individual's
consent;
- User
Content that makes false or misleading statements, claims or depictions
about a person, company, product or service;
- User
Content that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party;
- User
Content that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity; and
- Viruses,
malware of any kind, corrupted data or other harmful, disruptive or
destructive files or code.
Rights in User Content
Except
as otherwise provided in these Terms, on this Site or in a separate agreement
with Us, We claim no ownership or control over any User Content. However, by
submitting or posting User Content on this Site, you grant to Us a
nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable,
and fully sub licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such
User Content on this Site and on third-party sites and mobile applications and
in all other media or formats, whether currently known or hereafter developed,
for any purpose and without any compensation to you. You also grant users of
this Site the right to access your User Content in connection with their use of
this Site. By posting User Content to this Site, you represent and warrant that
(a) such User Content is non-confidential; (b) you own and control all of the
rights, title and interest in and to the User Content or you otherwise have all
necessary rights to post and use such User Content to this Site and to grant to
Us the rights that you grant in these Terms; (c) the User Content is accurate
and not misleading or harmful in any manner; and (d) the User Content, and your
use and posting thereof in connection with this Site, do not and will not
violate these Terms or any other of Our applicable terms, guidelines or
policies or any applicable law, rule or regulation.
Feedback
Separate and apart from User Content, you may
have the ability to submit questions, comments suggestions, reviews, ideas,
plans, designs, notes, proposals, drawings, original or creative materials and
other information regarding this Site, Us and our products or services
(collectively "Feedback"). You agree that Feedback is
non-confidential and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, in and to such Feedback and
shall be entitled to the unrestricted use and dissemination of the Feedback for
any purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Restrictions on Rights to Use
You
agree you shall not (and you agree not to allow any other individual or entity
using your password and identification to):
- download,
modify, reproduce, adapt, translate, reverse engineer, create derivative
works based upon, publicly display, sell, rent, license, or in any way
commercially exploit any portion of this Site, except and to the extent
expressly permitted under these Terms;
- remove
any copyright, trademark or other proprietary rights notice contained in
or on the Site;
- use
any robot, spider, site search/retrieval application, or other device to
retrieve or index any portion of this Site;
- collect
any information about other users (including usernames and/or email
addresses) for any purpose other than to solicit and/or share reviews with
other users;
- reformat
or frame any portion of any Web pages that are part of this Site;
- create
user accounts by automated means or under false or fraudulent pretenses;
- create
or transmit to other users unsolicited electronic communications, such as
"spam," or otherwise interfere with other users' enjoyment of
the Site;
- submit
to this Site any content that falsely states or implies that such content
is sponsored or endorsed by us;
- transmit
or upload to this Site any item containing or embodying any virus, worm,
defect, malware, Trojan horse, software bomb or other feature designed to
damage or degrade in any manner the performance of this Site, any other
Web site, or any computer or other device or system, or the enjoyment of
this Site by any user;
- use
this Site to violate the security of or gain unauthorized access to any
computer or computer network or other device or system (including
unauthorized attempts to discover passwords or security encryption codes);
- submit
to this Site any content that is unlawful or facilitates, constitutes,
promotes or encourages illegal activity; or otherwise use the Site to
transfer or store illegal material, including any material deemed
threatening or obscene;
- copy
or store any User Content offered on this Site other than for your
personal, non-commercial use;
- take
any action that imposes, or may impose, in our sole discretion, an
unreasonable or disproportionately large data or traffic load on this Site
or the IT infrastructure used to operate and make this Site available; or
- Use
this Site and/ or any User Content, intentionally or unintentionally, to
violate any applicable local, state, federal or international law.
We have no obligation to monitor any user
conduct on this Site, and we reserve the right and have absolute discretion to
monitor any user conduct on this Site at any time and for any reason without
notice.
Ownership
As between you and Us, this Site, including all
photographs, images, text, graphics, icons, audio clips, software, source code
and other aspects thereof (excluding User Content), all improvements or
modifications thereof, all derivative works based thereon, and the collection,
arrangement, and assembly of this Site (collectively, the "Site
Content"), including all copyrights, trademarks, and other intellectual
property or proprietary rights in the foregoing, are owned by Us or our
licensors and protected by applicable copyright laws. The use of any of our
trademarks or service marks without our express written consent is strictly
prohibited. You may not use our trademarks or service marks in connection with
any product or service in any way that is likely to cause confusion. You may
not use our trademarks or service marks in any manner that disparages or
discredits us. You may not use any of our trademarks or service marks in meta-tags
without prior explicit consent. Nothing in these Terms shall be deemed to grant
to you or any other user any license or right in or to any of our patents,
copyrights, trademarks, trade secrets or other proprietary rights.
Purchases on this Site
You agree that all of your transactions with or through this Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When we ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy, which can be found Here. We attempt to be as accurate as possible and eliminate errors on this Site; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, during and after order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Links
This Site may contain links to other sites on
the Internet that are owned and operated by third parties. You acknowledge that
we are not responsible for the operation of or content located on or through
any such site.
Termination.
You may terminate the Terms at any time by
closing your account, discontinuing your use of this Site and providing us with
a notice of termination. We reserve the right, without notice and in our sole discretion,
to terminate your right to use this Site, or any portion of this Site, and to
block or prevent your future access to and use of this Site or any portion of
this Site.
Indemnification
To the fullest extent permitted by applicable
law, you agree to defend, indemnify and hold harmless Us and our subsidiaries
and affiliates, and our respective officers, directors, agents, partners,
members, employees, independent contractors, service providers and consultants
("Our Related Parties"), from and against any claims, damages, costs,
liabilities and expenses (collectively, "Claims") arising out of or
related to (a) your access to and use or misuse of this Site; (b) any User
Content you post, upload, use, distribute, store or otherwise transmit on or through
this Site; (c) any Feedback that you provide; (d) your violation of these
Terms; and (e) your violation of any rights of another. You agree to promptly
notify Us of any third party Claims, cooperate with Us in defending such Claims
and pay all fees, costs and expenses associated with defending such Claims
(including but not limited to attorneys' fees). You further agree that we shall
have the right to control of the defense or settlement of any third party
Claims.
Disclaimers
Except as expressly provided, this Site,
including all Site Content, and services provided on or in connection with this
Site are provided on an "AS IS" and "WITH ALL FAULTS" basis
without representations, warranties or conditions of any kind, either express
or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND
DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B)
CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not
represent or warrant that this Site is accurate, complete, reliable, current or
error-free. We do not represent or warrant that this Site or our servers are
free of viruses or other harmful components.
Exclusivity of Remedy; Limitation of Liability
Your sole and exclusive remedy, and our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
Remedies
You agree that our remedy at law for any actual
or threatened breach of these Terms would be inadequate and that we shall be
entitled to specific performance or injunctive relief, or both, in addition to
any damages that we may be legally entitled to recover, together with reasonable
expenses of any form of dispute resolution, including, without limitation,
attorneys' fees. No right or remedy of ours shall be exclusive of any other,
whether at law or in equity, including without limitation damages injunctive
relief, attorneys' fees and expenses.
Modifications to Site
We reserve the right to modify or discontinue,
temporarily or permanently, this Site or any features or portions thereof
without prior notice.
Severability
If any of these provisions shall be deemed invalid,
void, or for any reason unenforceable, that condition shall be deemed several
and shall not affect the validity and enforceability of any remaining
provision.
No Third-Party Beneficiaries
These Terms are for the benefit of, and will be
enforceable by, the parties only. These Terms are not intended to confer any
right or benefit on any third party or to create any obligations or liability
of a party to any such third party.
Miscellaneous
No agency, partnership, joint venture, or
employment relationship is created as a result of these Terms, and you do not
have any authority of any kind to bind Us in any respect whatsoever. We may
provide you with notices, including those regarding changes to these Terms, by
email, regular mail, or postings on this Site. These Terms, which shall be
deemed accepted by you upon your use of the Site, constitute the entire
agreement among you and us regarding use of this Site. Our failure to exercise
or enforce any right or provision of these Terms shall not constitute a waiver
of the enforcement of such right or provision. If any provision of these Terms
is found to be unenforceable or invalid, that provision shall be limited or
eliminated to the minimum extent necessary so that these Terms shall otherwise
remain in full force and effect and enforceable. These Terms are not
assignable, transferable or sub licensable by you, except with our prior
written consent. These Terms include and incorporate by reference Our Privacy
Policy, which can be found HERE, and any
notices regarding the Site.
Questions
Questions regarding these Terms, Our Privacy
Policy, or other policy related material can be directed to our support staff
by emailing us at: info@webtribe.co.ke
