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Terms and Conditions

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions referred to as ("Terms").

By accessing the Taimba  .co.ke site you hereby confirm that you are either at least 18 years of age or are accessing the Site under the supervision of a parent or a person of who is your legal guardian. We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site.

Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor 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

User Account, Password, and Security:

You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account and the Company Taimba   shall no ways and under any circumstances be held responsible for the activities that occur under your password or account.

Limited User:

The User agrees and undertakes not to reverse-engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Taimba  's name is stated as the source and prior written permission of Taimba   is sought.

For the removal of doubt, it is here by clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted and if attempted in what so ever manner other than what is expressly provided for then it shall result into a punishable offence under the Law for the time being in force having Jurisdiction.

User Conduct and Rules:

You agree and undertake that when using a Service, you will not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
  3. Conduct or forward surveys, contests, pyramid schemes or chain letters
  4. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
  5. Any information provided by you on this site shall not be misleading in any way affecting the reputation or intellectual property of the Company Taimba   or its business and if attempted in what so ever manner other than what is expressly provided for then it shall result into a punishable offence under the Law for the time being in force having Jurisdiction

Registration and Ordering:

All usage and purchases made on this website are governed by these Terms and Conditions and by entering into the site you are bound to all the mentioned terms & conditions. We may update these terms and conditions from time to time and all users are requested to read through the changes every time you shop with us, if your visit to the site is after the date mentioned at the end. Once you complete your order with us we will confirm your order to you through an SMS or email address that you have provided us. We request you to make sure that you have access to the phone numbers and emails from the time of your order processing until the delivery has been completed. It is your responsibility to make sure that you are available to receive the order at the time slot selected during the order or the

time confirmed to you later. If we have to re-schedule the delivery due to your non-availability, delivery expenses will be charged to you.

Cut-off Time:

The cut off time for the same day delivery will be determined by Taimba   from time to time and indicated on the site and products ordered afterwards will be delivered the following specified day & time. After acceptance of the order, any items freshly added before the cut-off time will automatically form part of that order. Any order not being cancelled before the cut off time will be considered as booked & confirmed order and will be delivered at the scheduled time and address.

Price and Delivery Charges:

The prices applicable for the products you ordered will be the price prevailing at the time of order. Generally the prices quoted for any product will be at the MRP if not discounted or not included in special offer. After placing an order if you subsequently amend your order to add items, the prices charged for new products added will be the prices quoted at the time you amended the order. However, if you add more of the same items which were in your original order, then the prices charged for these items will be the prices quoted at the time you confirm your new order. When you place an advance booking the prices of some products may be corrected according to the prevailing price at the date of delivery.

This is because prices of meat, vegetables and other perishable goods fluctuate every day and since we allow you to book order upto a week in advance, we need to pick the price prevailing at the time of delivery which sometimes turn to your benefit if the prices have reduced during that period

The prices stated on the website will be inclusive of any VAT payable and there may be delivery charges

Payment & Delivery:

  1. Payment may be made by cash on delivery or mobile money, Debit or Credit Cards while placing your order.
  2. The Debit and Credit cards accepted by us are those listed on the web site on the date on which your order is placed.
  3. In case of any failed payment we may approach a debt collection agency to collect the payment from you. You will compensate us in full against all expenses incurred by us for obtaining the payments from you.
  4. The delivery date and time is generally selected during the time of confirmation of order. Taimba   will do our best to suit the time slot you prefer. However, due to limitation with the maximum delivery in a particular slot we may have to close the slots once they are full. You will be able to choose from the next available slots.
  5. At the moment we arecovering Nairobi. We will be delivering only in selected areas in Kenya and request you to check with our customer service or on the site whether your area is covered before you start booking any order with Taimba  .
  6. Products are subject to availability and during special offers we may limit the quantities of goods available to one single customer if we feel that his/her order is big to take advantage of the offer and that limits availability of goods to other customers. In the event of non-availability of any goods you order, we may offer a reasonable substitute. You have the liberty to reject any substitute item and we will refund the amount you have been charged for that substitute.
  7. Once the order has been scheduled for delivery you are bound to be present to receive your order unless your non-availability is intimated to us before the cut-off time. Should you fail to be present for receiving the goods we will incur loss on the delivery expenses and cost to the extent of the perishable goods. In such a scenario we are entitled to charge you in full the price of perishable items contained in your order and the cost of delivery.

Returns / Refunds:

We follow a 'No questions asked Replacement/Refund Policy' if the products delivered by us is found faulty or not up to your satisfaction.

We will endeavor at all times to supply you with the full quantity that you have ordered. If you are not satisfied with the quality / quantity you have received we will arrange to take back / resend the missing goods. We allow non-perishable goods to be returned to us (please note that the goods must not be used and must be in good condition) at the point of delivery otherwise you accept the product we shall not accept any returns. In the event that the goods delivered to you are incomplete or include incorrect goods, you must notify us within 12 hours. We will promptly and fully refund the price of any goods that do not meet your reasonable satisfaction or arrange for a replacement of returned goods,

provided that you notify us within 7 days of delivery of goods; but for perishable goods you need to notify us during the time of delivery of those goods and have them returned by delivery person.

User Warranty and Representation:

The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others.

Promotions, Discounts and Coupons:

Taimba   reserves the right to offer the discounts/promotional offers to any Taimba   customer of its own choice and shall not be held liable to any customer for not offering the same as it is at the sole discretion of the Company Taimba   and the same are subject to change / amendment / modification from time to time which includes at any time to discontinue the discounts/offers without assigning any reasons or without any prior intimation whatsoever.

The participation in discounts/offers is entirely voluntary and it is understood, that the participation by the customer shall be deemed to have been made on a voluntary basis. All disputes are subject to the exclusive jurisdiction of the competent courts/tribunals of Kenya at which the place of business of Taimba   is situated and includes the Right of Arbitration, where in Taimba   shall be entitled to appoint a sole arbitrator in Nairobi for any dispute resolution.

Intellectual Property Rights:

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the companyTaimba   owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, Processes, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Taimba   without obtaining prior authorization from Taimba  .

Not withstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other online material content which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

Links to Third Party Sites:

The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of Taimba   or the Website and Taimba   is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Taimba   is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Taimba   is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Taimba   or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof as Taimba   does not associate any private with other websites referred as “Linked Sites". The users are requested to exercise “CAVEAT EMPTOR” i.e. to verify the accuracy of all information on their own before undertaking any reliance on such information.

Certain links in this website will lead to websites which are not under the control of Taimba  . When any of these links are activated you will leave Taimba  .co.ke website and Taimba   has no control over and will not accept responsibility, or liability, for any material or service contained on any website which is not under the control of Taimba   nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Taimba   for any goods or services provided or available on such sites.

Taimba   makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the Service, or any of the Materials and accordingly Taimba   accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the Service or in any Materials nor warrants nor endorses any advertising of third parties carried on the Service nor through the provision of links to that carried on other websites.

All information or content transmitted by any functionality made available on this website (including any mobile applications or a version of the website optimised for use on mobile devices), including online invitations, e-cards, email or send to a friend functionality are the responsibility of you, the sender. You confirm that by using this service you will not transmit any material which could be considered offensive, obscene or otherwise objectionable. Taimba   ltd will not be held liable either directly or indirectly for the content of any such functionality, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You hereby agree to indemnify Taimba   Ltd for any such loss which may have occurred.

Disclaimer of Warranties/Limitation of Liability:

Taimba   has endeavoured to ensure that all the information on the Website is correct, but Taimba   neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Taimba   be liable for any direct, indirect, punitive, pecuniary, incidental, special, consequential damages or any other damages resulting from:

  1. the use or the inability to use the Services and or any products
  2. unauthorized access to or alteration of the user's transmissions or data
  3. any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall Taimba   be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Taimba   shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Taimba  's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems / other such other electronic equipments or loss of data that results from the download of such material and/or data.

Indemnification:

You agree to indemnify, defend and hold harmless Taimba   from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Taimba   that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.

Pricing and Ordering:

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Kenyan shillings. Prices, products and Services may change at Taimba  's discretion and is subject to the Laws applicable for the time being in force.

Please note that there are cases when an order cannot be processed for various reasons. Taimba   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. In order to avoid 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. The absence of an answer following such a demand will automatically cause the cancellation of the order within 1 day. We reserve the right to proceed to

direct cancellation of 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.

Termination:

  1. Taimba may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms
  2. If you or Taimba   terminates your use of the Website or any Service, Taimba   may delete any content or other materials relating to your use of the Service and Taimba   will have no liability to you or any third party for doing so.
  3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of Kenya without reference to conflict of laws, principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at

Kenya at which the place of business of Taimba   is situated and includes the Right of Arbitration, where in Taimba   shall be entitled to appoint a sole arbitrator for any dispute resolution.

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. Taimba   Ltd is operated and wholly by Sahara Dojj Ltd, a company registered in Kenya.

Severability:

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

General Conditions:

  1. We reserve the right to modify or terminate the service for any reason, without notice at any time.
  2. We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via internet mail or call or text messages. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
  3. We reserve the right to refuse service to anyone for any reason at any time.
  4. We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, or may mislead other users.
  5. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
  6. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames