2024-11-14 10:58:46

Welcome to Embu Online (hereinafter referred to as “Embu Online”), Embu Online provides website features and other products and services to you when you visit or shop at Embu Online website, use Embu Online products or services, use Embu Online mobile applications, or use the software provided by Embu Online in connection with any of the foregoing (collectively, "Embu Online Services").

1.ACCEPTANCE OF TERMS

a)     By accessing the Embu Online website & Embu Online applications, you confirm your understanding of the Terms and Conditions & Privacy Policies (hereinafter referred to as “this Agreement”). If you do not agree to this Agreement, you shall not use Embu Online Services. By completing the registration process, and clicking on the "I agree with the Terms and Conditions & Privacy Policies ", you agree to be bound by this Agreement and this Agreement takes effect.

b)     The Embu Online Services provides a place and opportunity for the sale of goods between the seller and the user. The actual sales contract is directly between the seller and the user and Embu Online is not a party to that or any other contract between the seller and the user and accepts no obligations in connection with any such contract. The seller and the user to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase, and the like.

c)     Embu Online shall have the right to change, upgrade, modify, limit or suspend service or its related feature. Please focus on the announcement on its own, without prior notice. Embu Online shall have the right to further introduce new features, applications, or other services.

d)     This Agreement is intended for Kenyan users only.

2.REGISTRATION

a)     You may need your Embu Online account to use certain Embu Online Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem with the payment method you are selected, alternative payment methods are also available for you to complete payment. You are responsible for maintaining the confidentiality of your account and password and for restricting others to have access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

b)     When you complete the registration process or use any of the Embu Online Services, you confirm that you have reached the legal age and have full legal capacity, and can independently bear legal responsibility. All responsibility will be borne by you and your guardian in case that you have no legal capacity and cause losses.

c)     Users should be honest about Embu Online registration information. Users agree to provide the true, accurate, complete, legal, and effective registered information and any change of user registration information should be timely updated. If any user registration information is illegal, untrue, inaccurate, not exhaustive, the user must bear the corresponding responsibility and consequences, and Embu Online reserves the right to terminate this Agreement.

d)     Your information shall not be an infringement or alleged infringement of others' legitimate rights and interests. In case of infringement, Embu Online shall have the right to cancel your account. and Embu Online reserves the right to pursue responsibility.

e)     You should be careful and reasonable to store and use your user name and password, login by your user name and password on the implementation of responsible behavior. Unless there is a law or judicial decision to the contrary and has the permission of the Embu Online, otherwise, the user name and password cannot in any manner be transferred, given as gifts, or inherited (except property rights related to the account).

f)       Users cannot share registration account information with others or save the account information on other’s devices, otherwise, the consequences will be borne by the users themselves, and are jointly and severally liable with the actual user.

g)     If you are underage, as per the law of Kenya, you shall use the Embu Online Services only with the consent of a parent or guardian. Some products such as alcohol and sex products listings on Embu Online are intended for adults only, and you must be of the legal age to purchase. You must also satisfy all other relevant requirements according to the applicable laws and regulations. Embu Online reserves the right to refuse service, terminate accounts, terminate your rights to use Embu Online Services, remove or edit content, or cancel orders at its sole discretion.

3. PRIVACY AND AUTHORIZATION

a)     Your privacy is very important to us at Embu Online. Embu Online will keep strictly confidential of users’ information and activities on website and application, such as browsing, shopping, placing orders, and sharing printing, which involves the user's real name/contact name, address, telephone, email, and other private information. Unless authorized by users or otherwise provided in this Agreement or by law, Embu Online will not disclose to the outside world of user privacy information.

b)     Embu Online may contact you using autodialed or prerecorded calls or text messages or emails to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to service your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Embu Online may also contact you using autodialed or prerecorded calls or text messages or emails for marketing purposes (e.g., offers and promotions) if you consent to such communications.

c)     Embu Online may share your telephone number and email with its authorized service providers. These service providers may contact you using autodialed or prerecorded calls or text messages or emails, only as authorized by Embu Online to carry out the purposes identified above.

d)     If you find any illegal use which may endanger the safety of your account or any improper use of your private information you must immediately notify, in a useful way for Embu Online to suspend relevant services and to report to the public security organization. Please understand that Embu Online needs a reasonable period of time to take certain measures and that Embu Online is not responsible for any of your losses unless such illegal or improper use is due to Embu Online’s fault and Embu Online refuses to remedy such illegal or improper use after receiving a written notice from your side.

4.COPYRIGHT

All content included in or made available through any Embu Online Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, etc is the property of Embu Online or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Embu Online Service is the exclusive property of Embu Online and protected by international copyright laws.

5.PROPERTY RIGHTS

a)     Embu Online is the only owner of all rights or legal licensee allowed to provide the Embu Online Services, which reflects the commercial secrets and intellectual property rights protected by relevant laws. All title, ownership, and intellectual property in relation to the Embu Online Services are hereby reserved by Embu Online and/or its affiliates.

b)     The trademarks of “Kili” and “Embu Online” and relevant logos, icons, trade names, domain names and other marks (no matter registered or not) (hereinafter collectively the “Marks”) belong to Embu Online and/or its affiliates, and are subject to the legal protection of copyright, trademark rights, and other intellectual property rights. Unauthorized reproduction, modification, use, or publishing of the Marks is strictly prohibited. 

6.TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Embu Online Services are trademarks or trade dress of Embu Online in Kenya and other countries. Embu Online's trademarks and trade dress may not be used in connection with any product or service that is not Embu Online's, in any manner that is likely to confuse customers, or in any manner that disparages or discredits Embu Online. All other trademarks not owned by Embu Online that appear in any Embu Online Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Embu Online.

7.LICENSE AND ACCESS

Subject to your compliance with this Agreement and any other requirements under the relevant laws and regulations, and your payment of any applicable fees, Embu Online or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Embu Online Services. This license does not include any resale or commercial use of any Embu Online Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Embu Online Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Embu Online or its licensors, suppliers, publishers, rightsholders, or other content providers. No Embu Online Services, nor any part of any Embu Online Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Embu Online. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Embu Online without express written consent. You may not use any meta tags or any other "hidden text" utilizing Embu Online's name or trademarks without the express written consent of Embu Online. You may not misuse the Embu Online Services. You may use the Embu Online Services only as permitted by law. The licenses granted by Embu Online will terminate if you do not comply with any provision of this Agreement or the relevant laws and regulations.

8.REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

a)     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. Embu Online reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

b)     If you do post content or submit material, and unless we indicate otherwise, you grant Embu Online a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 Embu Online and sublicensees 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 Embu Online for all claims resulting from content you supply. Embu Online has the right but not the obligation to monitor and edit or remove any activity or content. Embu Online takes no responsibility and assumes no liability for any content posted by you or any third party.

c)     If you post product comments or share the content, it shall be deemed that the user is willing to make the comments public and shall be responsible for the comments, even if the comments are made public on off-site platforms (including but not limited to search engines) through non-platform active exposure. If you do post content in a non-anonymous way, it is because you are willing to disclose non-sensitive contact information such as mobile phone number and other personal information other than email, such as name or nickname

9. RETURNS, REFUNDS

a)     Users may apply for goods return and refund under certain conditions and Embu Online has the right to decide whether to accept such application or not at its sole discretion. At our discretion, a refund may be issued without requiring a return. In this situation, Embu Online does not require the item to be returned.

b)     Without limiting the generality of the foregoing, Embu Online does not accept returns for the following items: i) products not purchased from Embu Online (order serial numbers does not match); ii) products that exceed the expiry date (exceed warranty period); iii) unauthorized repair, misuse, collision, negligence, abuse, into the liquid, accident, alteration, product quality problems caused by improper installation, or torn, altered labels of machine serial number or anti-counterfeiting mark; iv) the warranty card does not match the product and was altered; v) underwear, adult product or anything similar products.

c)     For more information about our returns and refunds, please see our After-sales Return Policy.

11. PRODUCT DESCRIPTIONS

a)     Embu Online attempts to be as accurate as possible. However, Embu Online does not warrant that product description or other content of any Embu Online Services is accurate, complete, reliable, current, or error-free.

b)     Users understand that it's the responsibility of sellers to describe the products accurately and properly, and if a product is not as described, your sole remedy is applying for the return of the items which are in unused condition.

12. PRICING

a)     "List Price" means the suggested retail price of a product as provided by sellers. We regularly check List Prices against prices recently found on Embu Online and other sellers, but Embu Online does not assume any responsibility for the reasonableness and legitimacy of such List Prices.

b)     With respect to items as listed on Embu Online’s website or applications, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the price of an item as listed is greatly higher than the market price, we may shelf off the item at our discretion. If you find that the price of the same product is inconsistent, it is probably because the product is supplied by different merchants or sellers.

13. PAYMENT

a)     Embu Online doesn't collect payment from customers directly, and such services may be provided by other companies such as Safaricom (M-Pesa) and LipaPay (Card payment/ other mobile money collection). For more payment information, please refer to "Payments Information and Guidelines". Users shall make payment in accordance with such guidelines when they use Embu Online Services.

b)     Users can request invoices or receipts or relevant vouchers from the sellers they purchase products and third-party payment agencies if such agencies charge fees. Embu Online does not charge any fees and is not responsible for issuing any invoices or receipts or relevant vouchers.

c)     Users should ensure that the payment information is accurate, and users are responsible for maintaining the confidentiality of payment account and password.

d)     Embu Online has never entrusted any third party to purchase products and collect money for such purpose. Users can only purchase products through official channels and pay through official payment methods. Embu Online does not assume any responsibility for losses incurred during purchases and payments through other unofficial channels

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

a)     The Embu Online Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Embu Online Services are provided by Embu Online on an "as is" and "as available" basis unless otherwise specified in writing. Embu Online makes no representations or warranties of any kind, express or implied, as to the operation of the Embu Online services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Embu Online Services unless otherwise specified in writing. You expressly agree that your use of Embu Online Services is at your sole risk.

b)     To the full extent permissible by law, Embu Online disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Embu Online does not warrant that the Embu Online Services, information, content, materials, products (including software), or other services included on or otherwise made available to you through the Embu Online Services, Embu Online's servers or electronic communications sent from Embu Online are free of viruses or other harmful components. To the full extent permissible by law, Embu Online will not be liable for any damages of any kind arising from the use of any Embu Online Services, or any information, content, materials, products (including software), or other services included on or otherwise made available to you through any Embu Online Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages unless otherwise specified in writing.

15. DISPUTES

a)     In the event a problem arises in a transaction, the user and the seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Embu Online may use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Embu Online may intervene to resolve any dispute arising from a transaction that has been carried out via Embu Online after-sale applications.

b)     Users covenant and agree that they will not bring a suit or otherwise assert any claim against Embu Online or any of its affiliates (except where Embu Online or its affiliates is the seller of the product that the claim relates to) in relation to any transaction made on the Embu Online website and/or applications or any dispute related to such transaction.

Any dispute or claim relating in any way to your use of any Embu Online Services, or any products or services sold or distributed via Embu Online’s website or through Embu Online applications will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. 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.

16.TRANSACTIONS BETWEEN USERS AND SELLERS

a)     When shopping on this Embu Online website and/or application, users require caution confirming the name of the purchased goods, price, quantity, type, specification, size, etc. When you place an order, please verify purchase quantity, price, and payment, the consignee, contact information, shipping address, etc. If the registration information you provide is not legitimate, untrue, inaccurate, not exhaustive, users must therefore take the corresponding responsibility and consequences, and Embu Online reserves the right to terminate the user use of Embu Online Services.

b)     The order information auto-generated is based on the content of user’s order information and the automatically generated data, contract only effects after user paid order successfully. All purchases of physical items from Embu Online’s website and applications are made under a sales contract between user & seller and a shipment contract between user & carrier. This means that the risk of loss and title for such items passes according to the sales contract and shipment contract, and Embu Online may provide the information of the seller if necessary and upon request.

c)     You understand and agree that, if you buy goods, you have the right to cancel the order on condition that the seller’s approval is obtained before the order dispatch. If the purchased goods are out of stock, you will get a refund accordingly with no further compensation.

d)     When the order takes effect, the risk of delivery of the goods will be transferred to the seller or the third-party logistics carrier Embu Online, the seller will deliver the goods to the logistics provider or the logistics provider will send the goods to your specified shipping address. You understand this Embu Online website and application provides prompt delivery time for reference only, the actual delivery will be slightly different from the reference of time. If the order is lost or damaged on the way, you will get a refund accordingly. For delivery failed orders, Embu Online will save for 30 days. If orders remain unclaimed over 30 days, Embu Online has the right to dispose of these orders. In case of force majeure or other justified reasons lead to delivery delay, we ask for your understanding

17.LIMITATION OF LIABILITY

a)     You understand and accept that Embu Online shall not bear the liability for compensation of any damage caused by the following any situation, including but not limited to, profits, goodwill, use, data loss, or other intangible loss of damages third-party use of your account or change your data without our consent your misunderstanding on Embu Online Services any other loss associated with Embu Online Service due to no willful fault of Embu Online.

b)     Embu Online is not liable, due to the legal provisions of force majeure, normal maintenance of the equipment of information network, information network connection failure, computer, communications or other system failures, power failures, labor dispute, the productivity and production data is insufficient, the judicial administrative organs of the command or the inaction of a third party caused the Embu Online Services to be unavailable or delayed, and the data information and records were lost, but Embu Online will assist in dealing with related matters.

c)     Embu Online takes no responsibility and assumes no liability for any loss or damages to users arising from shipping information and/or payment information entered by users or wrong remittance by users in connection with the payment for the items purchased.

d)     If we are found to be liable, our liability to you or any third party shall in no case be more than the value of the goods (less freight, customs and duties, and other taxes or charges if any) purchased via Embu Online’s website or applications.

18. YOUR REPRESENTATIONS AND WARRANTIES

a)     You represent and warrant that: i) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into this Agreement and to comply with its terms; and (ii) you will use the Embu Online Services for lawful purposes only and in accordance with this Agreement and all applicable laws, rules, codes, directives, guidelines, policies and regulations.

b)     If the user violates this Agreement or violates the law and regulations, including but not limited to the use of hacking techniques (or other technical methods) for-profit and the use of the wallet (Embu Online Account) withdrawal function to defraud, Embu Online can cancel the account, freeze money in the account and reserve the right to pursue liability, including but not limited to reporting to relevant departments and requesting compensation for any losses.

19. APPLICABLE LAW

By using any Embu Online Services, you agree that all agreements, terms, and utility of the treaties or other legal documents shall be governed by Kenyan law without regard to principles of conflict of laws. 

20. GENERAL

a)     This Agreement shall include all policies and rules as may be published and amended on Embu Online’s website or applications, including but not limited to the After-sales Return Policy and the Payments Information and Guidelines.

b)     If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

c)     Embu Online may modify this Agreement at any time by posting the revised agreement on its website or by other means of notification. Your continued use of Embu Online Services after such changes have been posted or notified shall constitute your acceptance of such revised agreement.

d)     If you have any questions or concerns or suggestions about this Agreement and any issues raised in this Agreement and Embu Online Services