TERMS OF SERVICE OF DUUKAAN

  • DEFINITIONS AND INTERPRETATIONS
    In these terms the following definitions apply:
    Company Means Duukaan Pte Ltd.
    Website Means duukaan.co.ke owned by the Company
    User Means any visitor of the Website who accesses or uses the contents and services offered by the Website including the Member
    Services Means the online purchase of Items offered to the Users by the Website
    Member Means a User who has opened a User Account with the Website
    Item Means any Item offered for Sale by the Company through the Website
    Publicly
    Accessible Area Means those pages of the Website that are available to the general public and other Users and are not restricted to being viewed by a particular User only.
    Terms Means the standard terms set out in these terms and conditions.

    The Corporate address of the Company is:
    110 Middle Road, Unit 04-01, Chiat Hong Building, Republic of Singapore, 188968

    By using the Website, User agrees and bounds himself or herself to these Terms. If a User does not agree to be bound by these Terms then that User must not use or access the Website and the services offered by the Website.

    The Company reserves the right to change, modify, alter and / or update these Terms at any time with or without prior notice. Any aspect of the Website may be changed, updated, supplemented or deleted or discontinued (temporarily or permanently) without notice at the sole discretion of the Company.

    Please check this page frequently and regularly for any change. A User’s continued usage of the Website after any change to these Terms will mean that the User has accepted that change.

  • TERMS FOR THE USE OF THE WEBSITE

    ELIGIBILITY: The Company shall provide Services only to those Users who have attained the minimum age of 18 years and can lawfully enter into and form contracts under applicable laws. If a User is under the age of 18, then that User may use the services provided by the Company only through a parent or legal guardian who agrees to be bound by these Terms.

    The Company grants a limited license to each User to access and make personal use of the contents, materials, services etc of the Website or any third party content in accordance with these Terms and subject to the following conditions:

    - The Website’s content, and materials shall only be used for information and non-commercial purposes (other than the transactions contemplated in accordance with these Terms) and no other use of the content or information is authorized;

    - A User shall not alter, modify, re-design, reproduce, display, publicly perform, import, copy, distribute, republish, sell, offer for sale, or otherwise use any part of the Website Content in any way, unless expressly permitted to do so by the Company.

    - A User shall not make any unauthorized copy of any Company trademark.

    The Company does not give User the right to collect or use the contents and services contained on the Website for the purposes prohibited by the Company. User shall not indulge in any data extraction or data mining activity whatsoever.

    The Company does not give User the right to create any derivative work of the contents, services, or products of the Website or of any third party content or service available via the Website.

    The Company does not convey any interest in or to the information, content, services available via the Website or any other Company material including intellectual property by permitting the user to access the Website. 

  • SERVICES OFFERED BY COMPANY

    Items listed and offered for sale on the Website can be purchased by a Member through the Website.

    To purchase Items through the Website, the User needs open a User Account by filling out the Sign-up form on the Website and providing his or her personal details (like User’s Name, address, Email Address, telephone number etc.), Login-ID, password etc. and completing all the necessary steps. The Member will be able to purchase Item(s) after logging in to his/her User Account and placing an Order.

    In order to process the Payment for the Items purchased by the Member, the Company shall ask the Member to provide certain sensitive personal data in the form of financial information like Credit Card Number, Expiration Date of the Credit Card, Billing Address, Pay Pal account information, Shipping information etc., in addition to the personal information mentioned in clause 3.2.

    By providing sensitive personal information, the Member represents and warrants that he or she has the legal right to use the Credit Card or any other payment method and is legally capable of entering into binding contracts and .

    The Company may use the services of a third party for the processing of the payments and by providing sensitive personal information to the Company the User grants the Company the right to provide such information to the third parties for the purposes of facilitating the processing of the payment and Purchases.

    The Company shall have the right, at its sole discretion, to refuse or cancel any Order placed by the Member at any time in case the Ordered Item is out of stock or not available for delivery or there was an error in the description or Price of the Item or for any other error in the order or for any other reason.

    The Company reserves the right to cancel an Order of a Member in case the Company has reasons to believe or suspects that the Member is indulging or might indulge in fraudulent, or unauthorized or illegal transactions. In such a case the Member shall not be entitle to any refund.

  • DUTIES OF A MEMBER (ACCOUNT HOLDER)

    By registering himself or herself as a Member or by uploading or posting any content or material, the User represents and warrants that he or she is at least 18 years of age and is legally capable of entering into binding contracts.

    User agrees to provide accurate personal information while registering himself or herself with the Website.

    The User/Member undertakes that he/she shall not use a Username that is the name of any other person or entity or a trademark that is subject to any rights of any third person or entity without obtaining the prior permission of that third party.

    The User/Member shall not use a Username that is unlawful, offensive, vulgar, sexually explicit, or obscene.

    User represents that he/she is fully responsible for protecting the privacy of the Username and the Password of his/her User Account. User shall ensure that the password is not misused by anyone.

    In case of a likely disclosure of this password to any third person the Account Holder shall be responsible for all actions that might be taken in the name of his/her account. Therefore the account holder must immediately change the password in order to protect it from any unauthorized access.

  • FEE CHARGED BY WEBSITE

    FREE SERVICES: At present it is free for the User to avail the following Services offered by the Company:

    - To access and browse the Website.

    - To register himself or herself as a User of the Website by opening a User Account.

    - To access the Services provided by the Website.

    The Company reserves the right, at its sole discretion, to charge a fee on any of the existing or new Services offered through the Website, at any time with or without prior notice. The changes to the Fee structure shall be posted on the Website and the charges shall become effective immediately on posting.

    Unless otherwise stated, all the Prices/Fees specified on the Website shall be in Kenyan Shillings. The User shall be solely responsible for complying with all the applicable laws, including laws of Republic of Singapore and Republic of Kenya, related to the making payments to the Company.

  • PRICE AND PAYMENT OF ITEMS

    The price of an Item shall be the price set out on the Website from time to time, unless there is an obvious error. The prices shall be inclusive of all the applicable taxes.

    The Website can change the Price of any Item at any time, but any price changes will not affect the Orders already placed and confirmed by the Company.

    The Member shall make the payment for the Items purchased through the Website through an online payment method only. All the online methods accepted by the Website shall be set out in the Check Out area as part of the ordering process.

    The Company shall not be liable, to the User, with respect to any loss or damage incurred by the User, arising directly or indirectly due to:

    - Lack of authorization for any transaction/s, or

    - The fact that the transaction amount exceeded the preset limit mutually agreed between the User and the User’s Bank, PayPal or any such entity.

    - Any payment issues arising out of the transaction, including the declining of the transaction for any reason.

    In certain instances, prior to the delivery or shipping of the Item(s) purchased by a Member, the Company may request that Member to provide supporting documents, including Government Issued ID, Address Proof etc., in order to establish the ownership of the payment instrument used by the Member for purchasing the Item(s).

    The User accepts and agrees that the Company does not provide any banking or financial service. The User agrees that the Company only collects payment through the use of existing Banks, Credit Cards and other online payment gateway networks. User further agrees and accepts that the Company or the Service is neither acting as a trustee nor acting in a fiduciary capacity with respect to the financial transaction made through the Website.

  • PUBLIC INFORMATION

    Any review, information or material (including the User’s Email Address and Telephone Number) submitted to the Company for posting or displaying on the Publicly Accessible pages of the Website shall be known as “Public Information” of the User. The Name and the Location of the User provided at the time of opening his or her User Account shall also be considered as Public Information.

    The User shall be solely and fully liable and responsible for the Public Information posted, uploaded or submitted to the Website by the User.

    The User grants the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use the Public Information provided by the User in any manner the Company deems fit.

    The Company shall not be the controller, owner or author of any Public Information posted by any User of the Website and shall not be liable, in any manner whatsoever, for any Public Information submitted to, posted, or uploaded on the Website, by the Users. The Company does not endorse any opinion expressed by any User of the Website.

    The Company shall have no obligation to monitor any Public Information submitted to or posted on the Website by the Users of the Website. The User agrees that by accessing the Website, the User might get exposed to information that is offensive, objectionable or indecent.

  • COMMUNICATIONS FROM THE COMPANY

    The User/Member agrees that the Company may use the personal data / personally identifiable information (including User’s Email Address and phone number) collected from the User for providing the User with:

    - Promotional or marketing information, Company Newsletters, service announcements etc;

    - The information about a specific program or feature that User has elected to participate in or receive information.

    The User will have the option to opt-out of receiving E-Mail notices or solicitations or marketing/promotional information from Company or its affiliates by responding to a link included in each E-mail notice or solicitation or by managing his or her User’s Account page on the Website.

  • CONTESTS, SWEEPSTAKES AND PROMOTIONS

    The Company may run contests, sweepstakes or other promotions (collectively, "Promotions") from time to time. The User agrees and accepts that the User’s participation in such Promotions shall be subject to the additional terms and conditions that might be set out on the pages displaying such Promotions. User agrees to be bound by such additional terms and conditions and if there is any conflict between these Terms and the additional terms for such Promotion, the additional terms and conditions of that promotion shall prevail.

  • REPRESENTATION AND WARRANTIES OF USER

    User agrees not to use the Website for illegal purposes and the User shall not violate any law, statute, ordinance or regulation (including Foreign Exchange Laws, applicable Sales Tax / VAT, Service Tax etc.) relating to the use of the Website and the services provided by the Company through the Website.

    User shall not indulge in any activity or transaction, through the Website, that could cause the Company to violate any applicable law, statute, ordinance or regulation.

    User agrees that he has read, understood, and agrees to be bound by these terms and the privacy policy statement of the Website.

    User shall not interfere with or disrupt the Website, or networks connected to, or any activity conducted on the Website in any manner including, but not limited to, use of viruses or other similar computer programming.

    User represents and warrants that the User shall not use any robot, spider, scraper, or other device or any other automated means or manual process to access the Website, or to monitor the activity, or copy pages and other contents from the Website, except in the operation or use of an internet “search engine”, hit counters or similar technology.

    User represents and warrants that the User shall not use any illegal methods or means, like hacking, password mining etc., to gain unauthorized access to any portion or feature of the content of Services provided by the Website.

    User shall not take any action that the Company believes, in its sole discretion, will impose an unreasonably large load on the Company servers, including without limitation, deep linking into the Website.

    The User warrants that any and all the personal information, materials, content or description of Items provided by the User to the Company and / or uploaded or displayed on the Website shall be accurate and comply with all the relevant and applicable laws, standards, and guidelines.

    The User warrants that the User shall not post or advertise on the Website, or transmit to other users, any material which is defamatory, inaccurate, abusive, threatening, harassing, or racially offensive, obscene, sexually oriented, or which contains sexual images of any kind or child pornography.

    User agrees to follow all the applicable International and Local cyber laws.

  • COMPANY TRADEMARKS AND INTELLECTUAL PROPERTY

    Any and all intellectual property associated with the Website and its contents are the sole property of the Company, except as expressly provided in these Terms. The Website Content is protected by copyright, trademark and intellectual property rights around the world.

    All custom graphics, icons, business names and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of the Company except as otherwise expressly authorized by these Terms.

    No license to use any of these trademarks etc is given or implied. A User shall not copy, download, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute these trademarks in any way without prior permission of the Company.

  • TEMPORARY OR PERMANENT SUSPENSION, TERMINATION ETC

    Without limiting other remedies, the Company may limit User’s activity, temporarily suspend, indefinitely suspend, remove content or information posted by the User, or refuse to provide the Website services to the User if, within the sole and independent judgment of the Company:

    - User breaches or the Company anticipate that User might breach these Terms.

    - The Company is unable to verify or authenticate any information provided by User.

    - The Company believes that User actions may cause financial loss or legal liability to other Users or to the Company.

    - Harm or intimidate another person in any way, including restricting or inhibiting any other user from using the Website;

    - Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device;

    - User disguise the origin of any message that is transmitted to the Company or any third party on or through the Website or the Service;

    - Collect or store personal data about other users;

    - Encouraging others to violate this Agreement;

    - Refusing to follow the instructions or directions of the Company’s staff.

    The Company can also terminate this Agreement at any time, with or without cause and these Terms shall survive until and unless terminated by Company.

    The User agrees that the Company shall not be liable to the User or any third party for any action taken by the Company under this Clause and the resultant termination of the User’s use of or access to all or any portion of the Website.

  • THIRD PARTIES LINKS AND SERVICES

    The Website may contain links to other sites on the World Wide Web and Internet which are not under the control of, or maintained by, the Company. The Company undertakes no obligation to monitor such sites, and User agree that the Company shall not be liable or responsible, in any manner whatsoever, for the content or services provided by such sites or any technical or other problems associated with any such third-party Website, Links or Usage.

    The Company may allow third parties to offer services or products through the Website. User agrees that the Company shall not be liable to the User in any way for the use of such Services by the User. These third parties may have their own terms of use and other policies. User must comply with such terms and Policies as well as these Terms at the time of using such services. .

  • VIRUSES

    The Company makes all reasonable attempts to exclude viruses and other form of harmful computer attacks from these pages, but it cannot ensure this exclusion and no liability is accepted for viruses etc. Please take all appropriate safeguards before using or downloading information from the Website.

  • INACCURACIES, ERRORS AND AVAILABILITY

    The Website pages may contain inadvertent inaccuracies or typographical errors, including the prices, product images, specification, availability etc. These will be corrected at the discretion of the Company as and when they are found. The information on the different pages of the Website is updated regularly but inaccuracies may remain or occur between the updates.

    The Company shall not be liable if the Website is unavailable at any time, for any period and for any reason. Access to Website may be suspended temporarily without notice in case of system failure, maintenance, repairs or any other cause.

  • DISCLAIMER OF WARRANTIES

    The Services, the content and information on the Website are provided on an “as is” basis. The Company, and its affiliates make no representations or warranties about the accuracy, completeness, security or timeliness of the services, content or information provided on or through the Website. The User shall avail the Services, content and information provided by the Website at his/her own risk.

    No representation, advice or information, warranty or affirmation of any employee, contractor, agent, detailer, or any other person actually or purporting to represent the Company, by word or action, will constitute a warranty.

    In addition, we specifically disclaim all warranties that the sites or the services offered will meet User’s requirements.

    PRODUCT WARRANTY : Each Item sold on the Website shall be covered by the Warranty terms as set out on the pages on which that Item is displayed

    The Company disclaims all warranties whether express, or implied, statutory or otherwise, including but not limited to the implied warranties arising from the course of dealing or usage of the Website and any obligation, liability, or remedy in tort, whether or not arising from the negligence of the Company.

    Some jurisdictions do not allow limitations of implied warranties, so the limitations and exclusions in this clause may not apply to a particular User.

    Users agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms and conditions are fair and reasonable.

  • LIMITATION OF LIABILITY

    The Company, its affiliates or licensors, directors, employees, or its third-party partners shall not be liable to User whether in contract, tort or otherwise at law, for any incidental, direct or indirect, punitive or consequential loss or damage whatsoever, and/or loss of profits, revenue, goodwill business opportunity or damages arising out of or in connection with:

    - The use of the Website, including inaccuracy of the content, or services and / or availability of the Website.

    - The Modification, suspension or termination of any part or aspect of the Website and/ or resulting business interruption, or lost data.

    - Third Party Transactions resulting from the use of Website.

    - Purchase of Items and availing other Services offered by the Website.

    - Dealings with the other Members of the Website

    - Any information submitted to or posted/displayed on the Website by the Users, or for any failure to correct or remove the said information.

    - Any unauthorized access, use or alteration or the User’s Transmissions or content.

    This shall apply even where such a loss was reasonably foreseeable or the Company had been made aware of the possibility of such loss.

  • INDEMNITY

    The User agrees to indemnify and hold harmless the Company, its employees and agents against all liabilities, legal fee, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company by any third party due to or arising out of any breach by the User of these Terms or other liabilities arising out of or relating to the Website and Services provided through the Website.

  • NOTICES AND COMMUNICATIONS

    If there are any questions regarding these Terms or the User wants to send any notice and request any information, then the User may contact the Company at the following Email Address:

    Email Address:hello@duukaan.besnappy.com

    The Company shall send all the information, required to be made under these terms, to the User at the registered Email Address of the User provided by the User through his/her User Account.

  • GENERAL

    These Terms (including all the other policies, terms and agreements described in these Terms, which are hereby incorporated herein by this reference) are the entire agreement between the User and the Company and replaces all previous agreements between them relating to the same subject matter.

    Unless these Terms provide otherwise, nothing in it creates a partnership or employment relationship between the Company and the User.

    The Company may assign or transfer these Terms or any part of it at any time. The User cannot assign or transfer these Terms or any part of it without the prior written consent of the Company.

    The User and Company agree that these Terms are governed by, and to be construed exclusively in accordance with, the laws of the Republic of Singapore and Republic of Kenya.

    If any provision of these Terms are found under the laws of any jurisdiction to be invalid, illegal or unenforceable, the validity, legality or enforceability of that provision in that jurisdiction shall not in any way affect the validity, legality or enforceability of all the provisions of these Terms in any other jurisdiction.

    If any court or competent authority decides that any of the provisions in the Agreement are invalid, unlawful or unenforceable to any extent, that provision will to that extent only, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

    No waiver of a breach of any part of these Terms shall affect a party’s right to enforce that part or any other part of these Terms for a later breach. The failure of a party to insist upon strict performance of any part of these Terms shall not be construed as a waiver of any prior or later default of the same or similar nature.

    No party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts or omissions of vendors or suppliers beyond the control of the parties.

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