TERMS AND CONDITIONS
Welcome to the Soko Janja website (www.shop.ubrica.com). These terms and conditions apply to the site. By accessing Soko Janja you confirm your understanding of the Terms and Conditions.
Please check these Terms and Conditions regularly for updates since they are prone to change or modification and this site reserves that right. These changes will be effective when posted on the site with no other notice provided. If you continue to use Soko Janja following the posting of changes to these Terms and Conditions, then it constitutes to your acceptance of those changes. Kindly review the Terms and Conditions listed below carefully prior to using this website. Do not hesitate to contact us for clarification if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the same.
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.
We grant you a non-transferable, non-exclusive and revocable license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for personal 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.
These Terms and Conditions of Use specifically prohibit actions such as: interfering in any way with the functionality of this website, accessing our servers or internal computer systems gathering or altering any underlying software code, infringing any intellectual property rights. Similar actions related to this are also strictly prohibited.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this document without prior notice to you. Should we determine that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
For certain services in the Site that may require registration or subscription you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. This applies if you choose to register or subscribe for any such services or related features.
The account owner is entirely responsible for all activities that involve input of passwords or account details. Furthermore, you must notify us of any unauthorized use of your password or account. Every user of this Site is solely responsible for keeping passwords and other account identifiers safe and secure. 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.
Accessibility of the site
We intend to ensure accessibility to the website at all times, However, we reserve 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 due to other factors beyond our control.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions will become our sole and exclusive property and shall not be returned to you. 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.
Order acceptance and pricing
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. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. To ensure exclusion of any fraud with credit or debit cards, we reserve the right to obtain validation of your payment details before providing you with the product and to verify the personal information you shared with us. This verification can take the shape of an identity, place of residence or banking information check. We reserve the right to cancel an order for which we suspect a risk of fraudulent use of credit or debit card.
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 card charged.
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. Product representations expressed on this Site are those of the manufacturer 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 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.
Trademarks and Copyrights
All intellectual property 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 our property. The entire contents of the Site also are protected by copyright as a collective work under Kenyan copyright laws and international conventions. All rights are reserved.
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.
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.
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 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.
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 or guidelines, your sole and exclusive remedy is to discontinue using the Site.
If our costs increase due to any factor beyond our control then we shall notify you in advance to obtain your permission to charge for the extra costs incurred. You will not be liable for any costs above the quoted price unless so agreed.
In respect of goods supplied under this contract, except as otherwise stated in our quotation or any price list, and unless otherwise agreed in writing between you and us, all prices are given by us on an ex-works basis.
Prices stated in our Site, quotations and price lists are exclusive of applicable VAT, unless otherwise stated. You shall be liable to pay any applicable Value Added Tax to us.