Terms and Conditions

Introduction

This website (the “Site”) is operated by Viva Global Limited, P.O Box 48011-00100 Nairobi, Kenya. Throughout the site, the terms “we”, “our” and “us” refer to Viva Global.

By accessing the Site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws; which are legally binding upon you and create a contract between you and us. If you do not agree with any of
these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

We reserve the right, to change, modify, add, or remove portions of these terms and conditions at any time without any reference to you. In this event any new changes will take effect from the date when the new terms are posted on the Site. You are encouraged to regularly check these terms and conditions
for any amendments.

Use of the Site

You confirm that you are at least 18 years of age, or above.

Both parties agree that the Site 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 Site.

We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for items sold on the Site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance and in writing. These Terms and Conditions specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of the Site, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these Terms and Conditions, we reserve the right to deny you access to the Site and its contents and do so without prejudice to any available remedies at law or otherwise. Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you
agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.

The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other intellectual property (including images, text, page layout, or form) of Viva Global without express written consent. You may not use any meta tags or any other “hidden text” utilizing Viva Global’s name or trademarks without the express written consent of Viva Global.

User Submission

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 agree that your Submissions will not contain pornographic material or any material that offensive for religious or political reasons.

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.

If you do post content or submit material, and unless we indicate otherwise, you grant Viva Global 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 Submissions throughout the world in any media. You grant Viva Global 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 Submissions is accurate; that use of the Submissions you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Viva Global for all claims resulting from content you supply. Viva Global has the right but not the obligation to monitor and edit or remove any activity or Submissions. Viva Global takes no responsibility and assumes no liability for any content posted by you or any third party.

By completing an order or signing up, you agree to receive emails associated with finalizing your order. If you would like us to remove your personal information from our database, unsubscribe from emails, please email Customer Service email address.

Information Available on Website

You accept that the information contained in the Site 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.

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, hardware, software or other services included on or otherwise made available through the Site.

Accessibility of Website

Our aim is to ensure accessibility to the Site at all times.However we make no representation of that nature and reserve the right to terminate the Site at any time and without notice to you. You accept that service interruption may occur in order to allow for website improvements, maintenance or may also be due to outside factors beyond our control.

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. Use of such material will only be permitted as expressly authorized by us in advance and in writing.

Any unauthorized use of the material and content of the Site 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.

Data Protection

Any personal information collected in relation to the use of the Site will be held and used in accordant with our Privacy Policy, which is available on our Site.

Viva Global stores the address and might use it for commercial purposes.

Indemnity

You undertake 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 and Conditions and User Agreement.

Applicable Law and Jurisdiction

Any claim relating to Viva Global website shall be governed by the laws of the Government of Kenya without regard to its conflict of law provisions. Any dispute arising between us from these Terms and Conditions shall be determined at first instance by mutual negotiation and settlement within fourteen (14) days of the notification of a dispute by either party. In the default of settlement in the first instance by reference by either party to arbitration by the Chartered Institute of Arbitrators, Kenya Branch in accordance with its rules will apply the Arbitration Act, 1995.

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 the 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 Viva Global in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

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.

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 to any third party is prohibited unless agreed upon in writing us.

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 to any third party.

General Terms of Sale

You confirm that you are at least 18 years of age or above. These Terms and Conditions fully govern the sale of goods and services purchased on the Site. No extrinsic evidence, whether oral or written, will be incorporated into these Terms and Conditions.

Formation of Sales Contract

Both parties agree that browsing the Site and gathering information regarding the services and products provided us 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 we contact 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 verification 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.

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.

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 Site. As such, we reserve the right to refuse or cancel any order. In the event that an item is miss-priced, 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 M-Pesa, other mobile money gateways or your credit/debit card charged. In the event that we are unable to provide the services or goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products but any bank charges for making the refund will be borne by you.

Delivery

This Site is only for delivery of products and services 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 Us liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

Return Policy

Our Return Policy is as contained in the document titled Return Policy on our Site.