Kefir Kenya Customer Agreement

This Agreement (“Agreement”) is an agreement between you and KefirKenya.com, (“Kefir Kenya”) that states the terms and conditions under which you may use the Site and receive Kefir Kenya orders, which includes processing and delivery of product orders. Your use of Kefir Kenya ordering service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or Kefir Kenya ordering service.

If you have any questions about this Agreement or the Site please send us an email.

ORDER POLICIES

Placing Orders. Orders may be placed online through our secure website, Please be sure to include your phone number, email address, and town so that we can contact you with any questions and to update you with the shipping and tracking information.

Process Time. Orders are filled in the order they are received and will not ship until payment has been received by KefirKenya.com. Once payment has been received, we strive to process all orders within two business days (Monday – Friday excluding holidays).

Cancellation and Order Change Policy. All sales are final. Once an order has been shipped, no cancellations are possible. Similarly, if you wish to add to your order, Kefir Kenya reserves the right to treat any additions as a second order incurring additional shipping charges.

Refund Policy. Kefir Grains are sold on a non-return basis. We recommend that you pick the shipped Kefir Grains at the earliest possible and no later than 36 hours.

Product Availability. At Kefir Kenya we maintain high standards in all our processes to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to circumstances beyond our control, or we may determine that the quality is below our standards. If we are unable to ship all or part of any order our liability will be limited to those amounts paid under this Agreement.

Resellers. Customers wishing to purchase Kefir Kenya products for resale purposes must do so through our formal reseller program. Please contact us for information.

SHIPPING POLICIES

Shipping Method & Costs. All orders will be shipped from Nanyuki. All orders are shipped via classic couriers and nanyuki express cabs and the orders are picked at the their offices in respective towns.

International Shipping. International shipping is not available at the moment.
Risk of Loss. All orders are made pursuant to a shipment contract meaning that the risk of loss and title for such orders pass to you upon KefirKenya.com’s delivery of the order to a shipment carrier. We encourage you to use the way bill information supplied for your order to track and retrieve items promptly.

Order Arrival. Kefir Grains are sensitive to extreme temperatures and should be removed from the shipping box immediately and placed in a cool dry place such as the refrigerator or the freezer as you go through the instructions on how to use.

PAYMENT TERMS

Forms of Payment. To make your ordering as flexible as possible, we accept MPESA payments only at the moment

Invalid Payments. Your right to use Kefir Kenya Online Ordering Service is subject to limits established by Kefir Kenya and/or by your mobile money service issuer.

Wholesale and Volume Pricing. We welcome wholesale orders. Please contact us for wholesale pricing and terms. Buying clubs/co-ops wishing to place a large group order should contact us for volume pricing information.

OTHER TERMS & CONDITIONS

Privacy. Your privacy is important to us. We will not share your information with any third party except as required by law or as necessary to complete an order placed by you with us. To respect your privacy, all information collected on this Site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned unless you consent otherwise! Please feel free to call or email us with any questions regarding our privacy policy.

Product Information. We make every effort to provide you with accurate information that is complete, reliable, current, and error-free. If a product offered by Kefir Kenya is not as described, your sole remedy is to return the product in unused condition for a refund.

Electronic Communications
By providing your email to Kefir Kenya you consent to receive communications from us electronically. Kefir Kenya may send occasional emails about changes to its services, surveys, or special offers. If you would like to opt out of receiving such emails please send us an email stating that you do not wish to receive promotional communications. If you do opt out, you will continue to receive non-promotional communications regarding the status of your orders or your account.

Third-Party Information Providers and Merchants
Kefir Kenya may permit you to order and receive products, information, and services from businesses that are not owned or operated by KefirKenya.com. In such instances, Kefir Kenya acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Kefir Kenya makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Kefir Kenya makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, KefirKenya.com. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Kefir Kenya for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Kefir Kenya is strictly prohibited. You acknowledge that Kefir Kenya and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Kefir Kenya reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately upon written notice from KefirKenya.com.

Trademarks
“KefirKenya.com,” all Kefir Kenya logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Kefir Kenya or otherwise proprietary to Kefir Kenya and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in Kefir Kenya and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or KefirKenya.com.

Site Access
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access Kefir Kenya and the Site. Please contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on Kefir Kenya Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You also acknowledge that from time to time Kefir Kenya or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Kefir Kenya may undertake from time to time; or (iii) causes beyond the control of Kefir Kenya or which are not reasonably foreseeable by KefirKenya.com.

Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of KefirKenya.com, which includes, without limitation, use of Kefir Kenya Site to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on Kefir Kenya Online Ordering Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Kefir Kenya to be in conflict with the spirit or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF KEFIRKENYA.COM, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. KEFIRKENYA.COM, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, KEFIR KENYA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO KEFIRKENYA.COM, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH KEFIR KENYA ONLINE ORDERING SERVICE; KEFIR KENYA DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. KEFIR KENYA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR KEFIR KENYA ONLINE ORDERING SERVICES. KEFIR KENYA DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER KEFIR KENYA NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “KEFIR KENYA PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, KEFIR KENYA ONLINE ORDERING SERVICE, OR THE INTERNET.

KEFIR KENYA LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF KEFIR KENYA ONLINE ORDERING SERVICE AND TO TERMINATE THIS AGREEMENT. KEFIR KENYA RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Kefir Kenya controls and operates this Site and uses it for its operations in Kneya. Kefir Kenya makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

Indemnification. You agree to defend, indemnify, and hold Kefir Kenya harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Termination. his Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Kefir Kenya may suspend or terminate this Agreement or Kefir Kenya or remove or disable access to any portion of Kefir Kenya at any time for any reason with or without notice to you. You may terminate this Agreement and your Kefir Kenya at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Kefir Kenya reserves the right to collect costs and charges incurred before you cancel your KefirKenya.com. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. Kefir Kenya may give notice to you of a change in this Agreement, a change in Kefir Kenya cost schedule, and any other matter through a general posting on Kefir Kenya Site, by electronic mail, or by conventional mail to your address. You may give notice to Kefir Kenya by electronic mail.

Entire Agreement. This Agreement and any order form submitted to Culture for Health represent your entire agreement with Kefir Kenya regarding the use of Kefir Kenya services, products, and Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Kefir Kenya and any related entity under common control. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

DISPUTES. If any dispute arises under this Agreement, the parties agree that a good-faith attempt to resolve the dispute will be made at a meeting at a neutral site with a neutral third-party mediator. If the parties fail to resolve the dispute through mediation, then the parties agree to submit to a mutually agreed upon arbitrator. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Nanyuki Magistrate Court, Nanyuki. The arbitrator shall be governed by the laws of Kenya and shall be as speedy as reasonably possible. The applicable arbitration rules for the Nanyuki Magistrate Court shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within forty-five days of the first meeting with the parties. Insofar as the parties legally may do so, they agree to be bound by the decision of the arbitrator. Notwithstanding any dispute under this Agreement, whether before or during arbitration, you agree to make all payments as required by the Agreement for undisputed portions. In any event, you expressly agree that the provisions of this contract shall be construed in accordance with the provisions of the laws of Kenya and you further expressly agree to personal jurisdiction by the Nanyuki Magistrate Court, Nanyuki for any related dispute if such dispute is taken out of or fails to end in arbitration. Any claim or cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of Kefir Kenya Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Kefir Kenya service.

Amendment
Kefir Kenya may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on May 31, 2017.

 

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