Terms and Conditions

This Agreement was last modified on 18 February 2016.

EVERLAND KILIMO | SERVICE TERMS AND CONDITIONS

These Terms and Conditions and Everland Gifts Terms and Conditions govern your use of the everlandkilimo.online website (Everlandkilimo.online Site) and your relationship with everlandkilimo.online. Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the everlandkilimo.online Site.

USE OF THE EVERLANDKILIMO.ONLINE SITE

The everlandkilimo.online Site is provided to you free of charge for your personal use subject to these Terms and Conditions. By using the everlandkilimo.online Site you agree to be bound by these Terms and Conditions.

 AMENDMENTS

We may update these Terms and Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the everlandkilimo.online Site. The changes will apply to the use of the everlandkilimo.online Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the everlandkilimo.online and the Online Stores. If you continue to use the everlandkilimo.online Site after the date on which the change comes into effect, your use of the everlandkilimo.online indicates your agreement to be bound by the new Terms and Conditions.

 REGISTRATION

To register with everlandkilimo.online you must be over eighteen (18) years of age.

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.

 PASSWORD AND SECURITY

When you register to use the everlandkilimo.online Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting Customer Services (see below for contact details) immediately.

If everlandkilimo.online has reason to believe that there is likely to be a breach of security or misuse of the everlandkilimo.online Site, we may require you to change your password or we may suspend your account

Everland Gifts

You need to register into our reward program at the everlandkilimo.online Site.

STANDARD ECOUPON TERMS AND CONDITIONS

  1. USING ECOUPONS

eCoupons can only be used online at everlandkilimo.online subject to these general terms and conditions, and any other specific conditions notified to you on the issue of an eCoupon. No eCoupon is redeemable through any website owned or operated by Everland Kilimo Limited other than everlandkilimo.online .

An eCoupon is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the eCoupon.

Your use of an eCoupon indicates your agreement to be bound by these eCoupon Terms and Conditions.

  1. DISTRIBUTION OF ECOUPONS

eCoupons are, and remain at all times, the property of everlandkilimo.online.

The right to use an eCoupon is personal to the original recipient and may not be transferred. No eCoupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Everland Kilimo.

eCoupons distributed or circulated without the written approval of everlandkilimo.online, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.

  1. PERMITTED USAGE OF ECOUPONS

Unless expressly stated otherwise at the time of issue of the eCoupon;

Each issued eCoupon will be valid for use by a recipient only once,

Only one eCoupon will be valid for use per customer or household, as the case may be, and,

An eCoupon may not be used in conjunction with any other special offer or eCoupon.

Even where eCoupons expressly state at the time of issue that they may be used in conjunction with other eCoupons or offers, any eCoupon code beginning X may not be used in conjunction with any other eCoupon code that also begins X.

eCoupons cannot be exchanged for cash or used to purchase gift-vouchers.

  1. EXCLUDED GOODS AND SERVICES

Certain goods or services are excluded from all eCoupon offers. From time to time other goods or services may be excluded and any such further exclusion will be notified to you along with the eCoupon or through the everlandkilimo.online website.

eCoupons may be limited to redemption in respect of certain products or services or certain products or services may be excluded from the ambit of use of the eCoupon, in which case notice will be given to you at the time of issue of the eCoupon.

Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.

  1. MINIMUM SPEND REQUIREMENTS

Where the redemption of an eCoupon is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products which will be communicated to you at the time of issue of the eCoupon. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.

  1. CALCULATION OF DISCOUNT

Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.

Supplementary charges such as delivery shall not be discounted unless specifically stated in the offer description.

  1. SECURITY AND FRAUD

When you use an eCoupon you warrant to Everland Kilimo that you are the duly authorised recipient of the eCoupon and that you are using it in good faith.

If you redeem, attempt to redeem or encourage the redemption of eCoupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.

If we reasonably believe that any eCoupon is being used unlawfully or illegally we may reject or cancel any eCoupon and you agree that you will have no claim against us in respect of any rejection or cancellation. everlandkilimo.online reserves the right to take any further action it deems appropriate in such instances.

  1. LIMITATION OF LIABILITY

At all times our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and your payment accepted or scheduled for refund.

All offers are subject to availability and while stocks last.

everlandkilimo.online shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon or any failure or inability of a customer or household to use an e-Coupon for any reason.

  1. MISCELLANEOUS

We reserve the right to vary or terminate the operation of any eCoupon at any time without notice.

The failure of everlandkilimo.online to take any action in respect of a breach of these terms and conditions shall not constitute a waiver of their enforceability. everlandkilimo.online reserves its rights in respect of these terms and conditions at all times.

 INTELLECTUAL PROPERTY

The content of the everlandkilimo.online Site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the everlandkilimo.online Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the everlandkilimo.online Site without written permission from everlandkilimo.online.

No license is granted to you in these Terms and Conditions to use any trade mark of everlandkilimo.online or its affiliated companies.

 AVAILABILITY OF THE EVERLANDKILIMO.ONLINE SITE

Although everlandkilimo.online aims to offer you the best service possible, everlandkilimo.online makes no promise that the services at the everlandkilimo.online Site will meet your requirements. everlandkilimo.online cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email at info@everlandkilimo.online and we will attempt to correct the fault as soon as we reasonably can.

Your access to the everlandkilimo.online Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. everlandkilimo.online will attempt to restore the service as soon as it reasonably can.

 EVERLANDKILIMO.ONLINE’S RIGHT TO SUSPEND OR CANCEL YOUR REGISTRATION

everlandkilimo.online may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.

You can cancel this agreement at any time by informing us in writing. If you do so, you must stop using the everlandkilimo.online Site.

The suspension or cancellation of your registration and your right to use the everlandkilimo.online Site shall not affect either party’s rights or liabilities.

 EVERLANDKILIMO.ONLINE’S LIABILITY

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and your payment will be accepted or scheduled for refund.

 THIRD PARTY WEBSITES

As a convenience to everlandkilimo.online customers, the everlandkilimo.online Site may include links to other web sites or material which are beyond its control. everlandkilimo.online is not responsible for content on the Internet or World Wide Web pages on these sites.

 Advertising and Sponsorship

Part of the everlandkilimo.online Site may contain advertising and sponsorship. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on the everlandkilimo.online Site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material.

 APPLICABLE LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya and any disputes will be decided only by the Kenyan courts Nairobi county jurisdiction.

 CUSTOMER TEXT SURVEY

We may contact you based on any feedback you give in our grocery home shopping customer service text survey.

 MISCELLANEOUS

You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

If you breach these Terms and Conditions and everlandkilimo.online ignores this, everlandkilimo.online will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

Everland Kilimo shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control.

A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

Everland Kilimo Solution Ltd.

Last Modified: 17.05.2021