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1.1) Kampas ways (“we”) is a digital agency consisting of a website (“site”) with logistics involving digital marketing and service delivery in Juja, Kenya (“locality”).
1.2) These terms and conditions are a legally binding agreement made between you, whether in person or in the capacity of a business entity (“you”) and Kampas Ways (“we” ,“us” or “our”) concerning use and access of KampasWays.com website as well as any form of media, media channel, mobile website or mobile application related, linked or otherwise connected to KampasWays site.
1.3) By using our site, you agree that you have read, understood and accept all these general terms and conditions in full and to be bound by the terms and conditions. If you do not agree with all these terms and conditions or any part of these terms and conditions, you are then explicitly restricted from using this site and you must not continue using it forthwith.
1.4) Should you use our site in the course of a business or other organizational work, then by so doing you:
1.4.1) confirm that you have obtained the necessary authority to agree to these general terms and conditions;
1.4.2) bind both yourself and the person, or any other legal entity that operates that business or organizational work, to these general terms and conditions;
1.4.3) agree that “you” in these general terms and conditions shall reference both the individual user and the relevant person or legal entity unless the context requires otherwise.
1.5) We reserve the right, in our sole discretion, to make changes or modifications to these terms and conditions and for any reason. Documents or any supplemental terms and conditions are hereby expressly incorporated herein by reference.
1.6) It is your responsibility to review these terms and conditions frequently to stay informed of any updates. By your continued use of this site after any revision or update of the terms and conditions, you will be deemed to have been made aware of and to have accepted the changes and will be subject to the changes.
1.7) This site or any information in this site is not intended for use by any person or entity in any country or jurisdiction where such use would be contrary to the law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.8) Accordingly, people who choose to access the site from other locations do so on their own capacity and are solely responsible for compliance with local regulations and laws if and to the extent local laws are applicable.
1.9) This site is intended for users who are at least 13 years of age. All minors (below 18 years of age) must have the permission of, and be directly supervised by, their parent or guardian to use the site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to using the site.
2.1) By using this site, you warrant and represent to us that:
2.1.1) all registration information you submit will be true, accurate, current, and complete;
2.1.2) you will maintain the accuracy of such information and promptly update such registration information as required;
2.1.3) you have the legal capacity to comply and agree with these Terms and Conditions;
2.1.4) you are not under the age of 13;
2.1.5) you are not a minor, or if you are a minor, you have received permission to use this site by your parent or guardian.
2.1.6) you will not access the site through automated or non-human means, whether through a robot, script or otherwise;
2.1.7) you will not use this site for any illegal or unauthorized purpose;
2.1.8) your use of the site will not violate any applicable law or regulation
2.2) If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the site.
3.1) You may:
3.1.1) View pages from our website in a web browser;
3.1.2) download pages from our website for caching in a web browser;
3.1.3) stream audio and video files from our website; and
3.1.4) use our site services by means of a web browser, subject to the other provisions of these general terms and conditions.
3.2) Except as expressly permitted by section 3.1, you must not download any material from our website or save any other material to your computer.
3.3) You may only use our website for your own personal and business purposes in respect to the services we offer only.
3.4) Except as explicitly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
3.5) Unless you own or have control rights in the material, you must not:
3.5.1) sell, rent or sub-license material from our website;
3.5.2) redistribute material from our website; or
3.5.3) exploit material from our website for a commercial purpose;
3.5.4) show any material from our website in public;
3.5.6) republish material from our site (including publishing on another website)
3.6) In spite of section 3.5, you may share our links to products and services and redistribute any promotional material in any form to any person.
3.7) We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. For instance, we may suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
3.8) You must not:
3.8.1) use our website in a way that causes or may cause damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
3.8.2) use our website in any unethical, unlawful, fraudulent or harmful way or in connection with any activity connected or related to the same;
3.8.3) hack or otherwise tamper with our website;
3.8.4) probe, scan or test the vulnerability of our website without our permission;
3.8.5) circumvent any authentication or security systems on or relating to our website;
3.8.6) Use our website to host, store, transmit, copy, send, use, publish or distribute any material which consists of (or linked to) any malicious computer software;
3.8.7) impose an unreasonably large load on our website including storage capacity, processing capacity and bandwidth;
3.8.8) decrypt or decipher any communications sent by or to our website without permission;
3.8.9) conduct any systematic or automated data collection activities in our website without our express written consent;
3.8.10) access or interact with our site using any automated means, except for the purpose of search engine optimization indexing;
3.8.11) do anything that interferes with the normal use of our website.
4.1) You agree and acknowledge that:
4.1.1) Kampas Ways offers a platform for sellers to sell and advertise their items and buyers to buy the items put on sale by the sellers;
4.1.2) your items (the seller) will be put on our site upon reception of the required details.
4.1.3) you (the seller) has good title to and is the sole legal and beneficial owner of, the products, and that the products are not subject to any third party rights or restrictions including in respect to the third party intellectual rights and/or any criminal or legal proceedings.
4.1.4) All payments are governed by our payment policy
4.1.6) We shall accept binding sales on behalf of the seller unless the seller notifies us otherwise, at least 24 hours before any buyer completes an order.
4.1.7) We only process the payment process but we are not a party to any other transaction processes involving physical handling, delivery, administrative processes of the product and/or any costs and/or damages that may incur during the same processes.
4.1.8) A contract for the sale and purchase of a product will come in force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of an order via our site.
4.1.9) An order will be deemed to be confirmed upon payment of the stated price and reception of the required details.
4.1.10) The seller’s terms of business will govern the contract for sale and purchase between the buyer and the seller.
4.1.11) We shall not oversee or follow up any delivery processes within our capacity since this is a matter of mutual consent between the buyer and the seller upon confirmation of an order.
4.1.12) The price and particulars for a product will be stated in the relevant product listing
4.1.13) the price for the product must include all taxes and comply with applicable laws in force from time to time
4.1.14) you (the buyer) will pay us the product price stated on the relevant product listing for us to complete the order.
4.2) You (the seller) will receive payment for your product, if and only if the respective buyer confirms through any of the contact details they(the buyer) gave us, the reception of the item and that the item matches the description you (the seller) gave us during the listing process.
4.3) We shall not be held liable in case any miscommunication or wrong information about reception or dispatch of a product comes from any of the contact details you (buyer and seller) gave us.
4.4) It is the responsibility of the seller to notify us once they dispatch the item to the buyer for us to confirm the delivery and therefore initiate the payment process.
4.5) It is the responsibility of the buyer to confirm the reception of the product for us to initiate the payment process to the seller or otherwise process a refund.
4.6) If you (buyer) fails to notify us of the reception of the relevant product from a seller within 72 hours, you will be deemed to have received the relevant product satisfactorily and therefore we will act at our discretion.
4.7) Your items (the seller) will be removed from our site upon confirmation of a successful purchase by the buyer.
5.1) Refunds will be initiated if the following happens:
5.1.1) the seller fails to notify us on the dispatch of the relevant product 72 hours after an order is completed
5.1.2) if we try to reach the seller to no avail up to 72 hours after a buyer completes an order, through all the contact details they gave us.
5.1.3) If a buyer, during the purchase process, mistakenly makes a payment that exceeds the price as indicated on the listing, we will, in that situation refund the over payment.
5.2) We only refund the amount we charge for a respective item or service. We therefore, don’t refund the transaction costs.
6.0) We will put a rental property on our listings upon submission of the requisite details and payment of the required fee in accordance to our pricing policy.
6.1) We will not be held liable by any party concerning any misunderstanding between the property owner/manager and anybody (“client”, “customer”) who used our site to contact the property owner.
7.0) Services will be listed on our site upon submission of the requisite details and payment of the required fee in accordance to our pricing policy.
7.1) We shall not be held liable by any party concerning any misunderstanding between the service provider and anybody (“client”, “customer”) who used our site to contact the service provider
8.1) You must make all the payments due under these Terms and Conditions, in accordance with our payment policy on our site.
9.1) You agree and acknowledge that:
9.1.1) we do not confirm the identity, the credit worthiness or bona fides of our site users;
9.1.2) we are not involved in any transaction between the buyers and sellers except for the fact that we offer a platform for buyers and sellers; process payments on their behalf at a certain fee as stated in our pricing guidelines;
9.1.3) we are not the agents for anyone, and therefore we will not be liable to any person in relation to any service on our site;
9.1.4) we are not responsible for the enforcement of any contractual obligations arising out of a contract for any service on our site and we will have no obligation to meditate between the parties to any such contracts.
9.2) We do not warrant that:
9.2.1) the completeness and accuracy of the information dealing with products on sale;
9.2.2) the material on the site is up to date;
9.2.3) the site will operate without any faults;
9.2.4) that any service on our site will remain available.
9.3) we reserve the right to discontinue or alter any or all of our services on the site, and to stop publishing our site, at any time in our sole discretion, without notice or explanation; and you will not be entitled to any compensation upon discontinuance or alteration of any service on the site or if we stop publishing the site.
9.4) We do not guarantee any commercial results concerning the use of our site.
10.1) We will not be liable to you for any loss or damage, including in respect of:
10.1.1) any losses occasioned by interruption or dysfunction to the site;
10.1.2) any losses caused by any event or events beyond our reasonable control;
10.1.3)any business loss including profits, goodwill, opportunities, revenue, income, contracts, anticipated savings and business.
11.1) You hereby indemnify us, and undertake to keep us indemnified, against:
11.1.1) Any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our site or any breach by you of any provision of these general terms and conditions, policies or guidelines and;
11.1.2) any tax liability that we may incur in relation to any service made through our site, where that liability arises out of your failure to pay, withhold, declare or register to pay any tax properly due in any jurisdiction.
13.1) If you breach any or all of these general terms and conditions, or if we reasonably suspect that you have breached any or all these general terms and conditions, we may:
13.1.1) temporarily suspend your access to our site;
13.1.2) permanently prohibit you from accessing our site;
13.1.3) block computers using your IP address from accessing our site;
13.1.4) contact any or all of your internet service providers and request that they block your access to our marketplace;
13.1.5) commence legal action against you whether for breach of contract or otherwise
13.2) Where we suspend, prohibit or block you access to our site, or a part of our site, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1) If a provision in this general terms and conditions is deemed unlawful or unenforceable by a court in Kenya or any other competent authority, the provision will be deemed deleted and other provisions will continue in effect.
14.2) These terms and conditions will be governed and construed by the laws governing the land
14.3) Should our terms be in conflict with other terms of a party involved in any service on our site, our terms and conditions will come first in the hierarchy
15.1) For more information about our terms and conditions, contact us at email@example.com