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1. Introduction

These Terms & Conditions (“Terms”) govern your access to and use of all Kwaju Africa Platforms, including the Kwaju app and website. By using Kwaju Africa Platforms, you affirm that you are at least 18 years of age or, if you are under 18, that you have obtained consent from a parent or legal guardian to enter into these Terms on your behalf. If you violate or do not agree to these Terms, your access to and use of Kwaju Africa Platforms is unauthorized.

These Terms and Conditions apply to all users of the Kwaju Africa Platforms, regardless of location. However, the products and services offered are available only to customers in Kenya, specifically within Nairobi. Kwaju reserves the right to restrict access to users outside this jurisdiction.

2. Use of Services

You may use the Kwaju Africa Platforms only if you can form legally binding contracts under applicable law. Individuals under 18 years must have parental or guardian supervision. We reserve the right to terminate your registration and deny access to the Kwaju Africa Platforms if we discover you are under 18 years old without proper consent.

Those who choose to access kwaju Africa Platforms  from outside Kenya are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within the listed areas* and will not be liable for any claims relating to any products ordered from outside its jurisdiction.

3. Registration and Security

To access certain services, you must create an account on the Kwaju Africa Platforms. You are responsible for maintaining the confidentiality of your account information, including your PIN. Any suspicious activity on your account must be reported to us immediately. Kwaju reserves the right to suspend or terminate your account in case of any security breach or unauthorized use.

Website Security:

You are prohibited from violating the security of the Kwaju Africa Platforms. Unauthorized access or activities, such as hacking, introducing viruses, or sending unsolicited emails, may lead to civil or criminal liability. We will investigate any such violations and may take appropriate legal action.

4. Products Available on Kwaju Platforms

Kwaju Africa and its suppliers and licensors may provide various products and materials, including educational content, product descriptions, and other informational resources. These products and materials are intended solely for educational and informational purposes, and errors may occur from time to time. Before you rely on any products, especially those related to health, wellness, medicinal products, supplements, over-the-counter (OTC) medicines, alcoholic products, or caffeine products, you should verify any information critical to your decision. Kwaju Africa makes no warranty regarding the reliability, accuracy, timeliness, usefulness, or completeness of any products. If you identify an error or notice something unusual on the Kwaju Africa platforms, please inform us by contacting us at www.kwajuafrica.com. Your feedback plays a significant role in helping Kwaju Africa improve its services!

Please note: NO PRODUCTS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT, AND ADVICE OF A MEDICAL PROFESSIONAL. SUCH PRODUCTS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG, SUPPLEMENT, TREATMENT, OR PRODUCT IS SAFE OR EFFECTIVE FOR YOU. ALWAYS CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) FOR DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND SEEK GUIDANCE FROM YOUR MEDICAL PROFESSIONAL BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG, SUPPLEMENT, OR PRODUCT.

 

THE KWAJU ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

5. Payment and Delivery

 a). Payment Information

When placing an order, you warrant that you have the right to use any debit card or other payment method provided. By providing your payment details, you authorize Kwaju to process your payment for the purchases made through your Kwaju Africa account. We reserve the right to request additional verification information before processing any order. Orders will only be delivered within Nairobi, Kenya.

b). Order Acceptance and Billing: 

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, along with any applicable delivery and handling charges, taxes, and fees. We will attempt to contact you if any portion of your order is canceled or requires additional information for acceptance.

All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. I

c). Pricing and Availability

Kwaju Africa  cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the Kwaju Africa Platforms . The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. Kwaju Africa reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or delivery notice from Kwaju Africa. Kwaju Africa may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

d). Promotional Codes and Gift Vouchers

Promotional codes and gift vouchers are limited in nature and may expire or be discontinued without notice. They are not redeemable for cash and may be subject to additional conditions. Kwaju Africa reserves the right to impose these conditions or cancel codes and vouchers at any time. Gift vouchers may not be transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. 

e). Cancellations by the Customer

If cancellation notice from your side is duly received by us and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount to your credit/debit card.

f) Cancellations by Kwaju

Kwaju Africa reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. Kwaju  also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from Kwaju Africa for the purpose of engaging in a commercial sale of the same Product(s) to a third party.

In addition to any other remedies available to it, Kwaju Africa may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the Kwaju Africa returns policy.

g). Delivery

We currently offer next-day delivery only within Nairobi, Kenya. Products will be delivered to an address designated by you, if applicable, so long as such address is complete and complies with the delivery  restrictions contained on the Kwaju Africa Africa Platforms. Products purchased will be delivered the following day for free, with additional charges for scheduled or express deliveries. 

Your Responsibilities:
  1. Provide accurate delivery information. If delivery fails due to incorrect information, additional charges may apply for redelivery.
  2. Ensure there is a recipient for every delivery. If delivery fails due to an absent recipient, additional charges may apply for redelivery.
  3. Ensure compatibility of delivered products with local electrical requirements. We will not accept returns for items damaged by incompatible power sources.

As a customer, you agree and confirm on the following:

  1. All products delivered  by us have gone through our own quality control checkpoints and are deemed to be functional when delivered..
  2. . In the event  a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), any extra cost incurred by us for redelivery shall be claimed from you.
  3. All orders are delivered  by courier or supplier deliveries. Delivery is normally doorstep delivery  but there may be instances where this is not possible due to courier company limitations,local laws or other reasons.
  4. You will provide correct information requested from your side. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true, we have the right, in our sole discretion, to reject the registration and ban you from using our services.
  5. That you are transacting through Kwaju Africa Platforms at your sole risk.
  6. That correct and proper address at which delivery of the product ordered by you shall be provided by you. If a recipient’s address is found to be incomplete or incorrect, we may attempt to find the correct address and to complete the delivery, but we assume no responsibility for our inability to complete delivery under such circumstances. If the address is incorrect, or if delivery can’t be completed, then a surcharge for extra cost will be imposed to the customer.
  7. That before placing an order, you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

h). Refund Policy

Refunds are subject to our approval. Products must be returned within 48 hours in their original packaging. A report should be made within 48 hours of discovering any issues with the delivered products.

6. Customer Support

Kwaju offers its members customer support through the following channels:

  • Mobile : +254 701 547500
  • Whatsapp: +254 701 547500
  • Email: members@kwaju.com
  • Website: chatbot

Customer support is available between 7 am and 9 pm Kenyan time via text, call, email, or chatbot on the Kwaju website. You can contact us for any issues related to orders, deliveries, or general inquiries.

7. Disclaimers, Limitation of Liability, and Indemnity

  • Disclaimer

Kwaju Africa is not the producer of the items sold on our site; we are only the seller. All products are delivered as-is, and Kwaju makes no warranties regarding the quality or functionality of the products.

While we ensure that purchased products are delivered on time, no claims, penalties, refunds, or partial refunds will be accepted for delays or errors in delivery. Although we aim to offer the best service possible, if a fault occurs in our services, you should report it immediately to Customer Services at the channels listed above. We will attempt to correct the issue within a reasonable time.

Product details, information, ingredients, nutritional guides, and dietary/allergy advice may change from time to time. Therefore, we highly recommend that you read the label on the products you purchase and not rely solely on the information provided on the website.

We are not responsible or liable for any damages arising out of, caused by, or related to your use of this website.

  • Limitation of Liability

Kwaju Africa, its affiliates, employees, and suppliers are not liable for any indirect, special, incidental, or consequential damages arising from the use or inability to use the Kwaju Africa Platforms. Our total liability is limited to the value of the product ordered.

We make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of Kwaju Platforms or that the operation of Kwaju Platforms will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Kwaju Platforms ; and/or any interruption or errors in the operation of the Website.

  • Indemnity

 You agree to defend, indemnify, and hold Kwaju Africa harmless from any claims, damages, costs, or expenses arising from your use of Kwaju Africa Platforms or any breach of these Terms.

8. Amendments

Kwaju reserves the right to modify these Terms and Conditions at any time without prior notice to you. Any changes will be effective immediately upon posting on the Kwaju Africa Platforms. You can access the latest version of the Terms and Conditions at any given time on the Website. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue usingKwaju Africa services. Continued use of the services after any such changes shall constitute your consent to such changes. 

9. Governing Law and Arbitration

These Terms are governed by the laws of Kenya. Any disputes arising from these Terms will be resolved through arbitration under Kenyan law.

10. Other Provisions

a). Termination

These Terms remain in effect until terminated by you or Kwaju Africa. You may terminate these Terms by discontinuing use of Kwaju Africa Platforms. Kwaju Africa may terminate these Terms at any time without notice and accordingly deny your access to Kwaju Africa Platforms. Such termination will be without any liability to us. Our right to any feedback shall survive any termination of these Terms and Conditions. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the product/(s) already ordered from the Website or affect any liability that may have arisen under these Terms and Conditions.

b). Copyright and Trademark

All content on Kwaju Africa Platforms, including trademarks, logos, text, programs, products, processes, technology, and other materials, is owned or licensed by Kwaju Africa, unless otherwise stated, and is protected by intellectual property laws. Unauthorized use is prohibited. Access to these platforms does not confer any license under our or any third party’s intellectual property rights. Our names, logos, and all related product and service names, design marks, and slogans are trademarks or service marks of Kwaju Africa.

c). Objectionable Material

By using this website or any services provided by Kwaju Africa, you understand that you may encounter content that some may find offensive, indecent, or objectionable, whether identified as such or not. You agree to use the platform and any services at your own risk, and to the fullest extent permitted by law, we and our affiliates shall have no liability for any content you may find offensive, indecent, or objectionable.

11. Privacy Policy

We respect your privacy and will not sell or rent your personal information to third parties for marketing purposes without your explicit consent. Your information is protected under our Privacy Policy, which is accessible at kwaju.com/privacy-policy. Please review our Privacy Policy for details on how your information is used and protected.

12. Entire Agreement

These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and Kwaju Africa regarding the use of the Kwaju Africa Platforms.

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and us with respect to Kwaju Africa & its platforms  and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the platforms. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

This Terms & Conditions document was updated on 1 September 2024.