Terms of service
TERMS AND CONDITIONS
1. Introduction
Welcome to Dealfit Holding Ltd. 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 of use, you shall not use this website. The Site reserves the right, to change,
modify, add, or remove portions of both the Terms and Conditions of Use and the Terms
and Conditions of Sale 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. Kindly review the Terms and
Conditions listed below diligently prior to using this website as your use of the website
indicates your agreement to be wholly bound by its Terms and Conditions without
modification. You agree that if you are unsure of the meaning of any part of these Terms
and Conditions or have any questions regarding the Terms and Conditions, you will not
hesitate to contact us for clarification. These Terms and Conditions fully govern the use of
this website. No extrinsic evidence, whether oral or written, will be incorporated.
2. Terms and Conditions of Use
3. Use of the Site
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website. We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use,
4. 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.
5. Information Available on Website
You accept that the information contained in this website is provided as is, where is, is
intended for information purposes only and that it is subject to change without notice.
Although we take reasonable steps to ensure the accuracy of information and we believe
the information to be reliable when posted, it should not be relied upon and it does not in
any way constitute either a representation or a warranty or a guarantee. Product
representations expressed on this Site are those of the vendor and are not made by us.
Submissions or opinions expressed on this Site are those of the individual posting such
content and may not reflect our opinions. We make no representations as to the
merchantability of any products listed on our website, and we hereby disclaim all warranties,
whether express or implied, as to the merchantability and/or fitness of the products listed on
our website for any particular purpose. We shall not be held responsible or made liable for
any damages or injury which may arise as a result of any error, omission, interruption,
deletion, delay in operation or transmission, computer virus, communication failure and
defect in the information, content, materials, software or other services included on or
otherwise made available through our Website. We understand that certain state laws do
not allow limitations on implied warranties or limitation of certain damages, these disclaimers
may therefore not apply where these laws are applicable.
6. Accessibility of Website
Our aim is to ensure accessibility to the website at all times, however we make no
representation of that nature and reserves the right to terminate the website at any time and
without notice. You accept that service interruption may occur in order to allow for website
improvements, scheduled maintenance or may also be due to outside factors beyond our
control.
7. Links and Thirds Party Websites
We may include links to third party websites at any time. However, the existence of a link to
another website should not be consider as an affiliation or a partnership with a third party or
viewed as an endorsement of a particular website unless explicitly stated otherwise. In the
event the user follows a link to another website, he or she does so at his or her own risk. We
accept no responsibility for any content, including, but not limited to, information, products
and services, available on third party websites. Creating a link to this website is strictly
forbidden without our prior written consent. Furthermore, we reserve the right to revoke our
consent without notice or justification.
8. Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether
registered or unregistered, in the Site, information content on the Site and all the website
design, including, but not limited to, text, graphics, software, photos, video, music, sound,
and their selection and arrangement, and all software compilations, underlying source code
and software shall remain at all times vested in us or our licensors. Use of such material will
only be permitted as expressly authorized by us or our licensors. Any unauthorised use of
the material and content of this website is strictly prohibited and you agree not to, or
facilitate any third party to, copy, reproduce, transmit, publish, display, distribute,
commercially exploit or create derivative works of such material and content.
9. Data Protection
Any personal information collected in relation to the use of this website will be held and used
in accordant with our Privacy Policy, which is available on our Site.
10. Indemnity
You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or
employees, as the case may be, free from any claim or demand, including reasonable legal
fees, related to your breach of these Terms of Use and User Agreement.
11. Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in
Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to
waive any objections based upon venue.
12. 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.
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 any termination of this Agreement, you shall
immediately cease all access to and use of the Site and we 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. If you are dissatisfied with the Site or with any terms, conditions, rules, policies,
guidelines, or practices of Jade E Services in operating the Site, your sole and exclusive
remedy is to discontinue using the Site.
14. Severability
If any portion of these terms or conditions is held by any court or tribunal to be invalid or
unenforceable, either in whole or in part, then that part shall be severed from these Terms and
Conditions of Use and shall not affect the validity or enforceability of any other section listed in
this document.
15. Miscellaneous Provisions
You agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions
of Use to any third party is prohibited unless agreed upon in writing by the seller. We reserve
the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or
obligations under these Terms and Conditions of Use to any third party.
TERMS AND CONDITIONS OF SALE
16. General
You confirm that you are at least 18 years of age or are accessing the Site under the
supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of
any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification
prior to making a purchase. These Terms and Conditions of Sale fully govern the sale of goods
and services purchased on this Site. No extrinsic evidence, whether oral or written, will be
incorporated.
17. Formation of Contract
Both parties agree that browsing the website and gathering information regarding the services
provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The
parties accept that an offer is only made once you have selected the item you intend to
purchase, chosen your preferred payment method, proceeded to the checkout and completed
the checkout process. Both parties agree that the acceptance of the offer is not made when the
seller contacts you by phone or by email to confirm that the order has been placed online. Your
offer is only accepted when we dispatch the product to you and inform you either by email or by
phone of the dispatch of your ordered product. Before your order is confirmed, you may be
asked to provide additional verifications or information, including but not limited to phone
number and address, before we accept the order. 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.
18. Acceptance of Electronic Documents
You agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing.
19. Payment and Pricing
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 website. 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/debit card
charged. In the event that we are unable to provide the services, we will inform you of this as
soon as possible. A full refund will be given where you have already paid for the products.
20. Use of Voucher Codes
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher
codes which are accepted on our Site entitle you at the time of ordering a product to a saving on
the order being placed on our Site. Vouchers may also be issued to customers in exchange for
advance payments made to us via transfer to our bank accounts for products intended to be
purchased on the Site. Our voucher codes may not be exchanged for cash. With the exception
of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for
advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
21. Liability of Parties on the Dealfit Holding Ltd
We also operate a marketplace which is open for third-parties to sell their products on our
website. None of the products listed on the Dealfit Holding Ltd Marketplace are owned or sold
by us, neither are we involved in the actual sale transaction between the buyers and sellers on
the Dealfit Holding Ltd Marketplace. The buyer and seller agree that we would be held free
from any liability in contract, pre-contract or other representations in tort, for all transactions
conducted on the Dealfit Holding Ltd Marketplace.
22. Delivery
This Site is only for delivery of products to customers within Kenya. We make every effort to
deliver goods within the estimated timescales set out on our Site; however, delays are
occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or
failure to deliver the products within the estimated timescales where they did not occur due to
our fault or negligence. You agree not to hold the seller liable for any delay or failure to deliver
products or otherwise perform any obligation as specified in these Terms and Conditions of Sale
if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our
reasonable control.
23. Indemnity
You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the
case may be, free from any claim or demand, including reasonable legal fees, related to your
breach of these Terms and Conditions of Sale.
24. Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya.
Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any
objections based upon venue.
25. 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.
26. Severability
If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid
or unenforceable, either in whole or in part, then that part shall be severed from these Terms
and Conditions of Sale and shall not affect the validity or enforceability of any other section
listed in this document.
27. Miscellaneous Provisions
You agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions
of Sale to any third party is prohibited unless agreed upon in writing by the seller. We reserve
the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or
obligations under these Terms and Conditions of Sale to any third party.
28. Notice of Copyright Infringement
If you have any complaints with respect to the infringement of your copyright, kindly write to the
following address: Who? Where? Where you believe that your intellectual property has been
infringed upon on our website, please notify us by email it to (insert physical address and email
address for copyright complaints). We expeditiously respond to all concerns regarding copyright
infringements. We request that you provide the following information along with your complaint:
29. A physical or electronic signature of the person authorized to act on behalf of the owner
of the copyrighted work for the purposes of the complaint.
30. A proper description of the copyrighted work claimed to have been infringed.
31. A description of the location of the infringing material on our Website.
32. The address, telephone number or e-mail address of the complaining party.
33. A statement made by the complaining party that he has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright owner, its
agent or by law.
34. A statement deposed to under oath, that the information in the notice of copyright
infringement is accurate, and that the complaining party is authorized to act on behalf of
the copyright owner. Please note that this procedure is exclusively for notifying Dealfit
Holding Ltd that your copyrighted material has been infringed.
35. For further Queries
sales@Dealfit.co.ke