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TERMS AND CONDITION

Please note that by using this web software, you signify your acceptance to be legally bound by the terms and conditions set out herein. It is therefore important that you carefully read these terms and conditions. You may also seek independent legal advice on the same.

Copiright(c) www.jomakahorizons.com.

Introduction

Jomaka Horizon Ltd is a private Limited Liability Company incorporated in Kenya of Post Office Box 7483-01000 Thika, Kenya. Clients who are desirous of purchasing our products and services listed on the Jomaka Horizons Ltd website software must accept the terms and conditions that Jomaka Horizons Ltd has set out. Identity and Contractual Capacity 1. By using this web software, you represent that you have disclosed your true identity or that of your organization. 2. By using this web software you represent that you or your organization has the legal capacity and/or authority to enter into contracts. 3. If using this web software on behalf of an organization, you represent that it’s a legal person and that you have been dully authorized to transact on behalf of the said organization. 4. We shall not be liable for contracts concluded by minors or people of unsound mind. 5. If you or your organization lacks requisite legal capacity to transact on our web software, we shall not be liable.

Copiright(c) www.jomakahorizons.com.

Registration

1. A user account is required to purchase online.
2. To create an account, the following minimum information is required.
i) full name
ii) Mobile number
iii) E-mail address
iv) Postal address
v) Physical address
3. Once you register an account you will be asked to create a password. Keep it confidential because you will be liable for its use or misuse.
4. We will not be liable for any losses or damages on the compromise of your username and /or password
5. If we have reason to believe that there is likely to be a breach of security or misuse of the web software, we may require you to change your password or suspend your account.
6. Jomaka Horizons Ltd reserves the right to deny you a user account, or to deny you access to certain or all of the services available to users via the web software, for any reason in its sole discretion deems fit, including breach, misuse of the services and or failure to take delivery of goods or any other reason.

Copiright(c) www.jomakahorizons.com.

Order Process

You will have an opportunity to check and correct any input error in your order until you click the checkout button.
i) On placing an order, the total purchase price, inclusive of VAT and other applicable taxes will be displayed in the shopping cart prior to confirming the order.
ii) Order will be confirmed on receipt of payment at which point the purchase contract will be made.
iii) We will tell you if your payment details cannot be authorized for any reason and may invite you to pay by another method.
iv) Since written price change may not be provided, it’s your responsibility to confirm current price before placing orders.
v) Goods ordered must be picked in 7 days of placing and paying for the order.
vi) When picking goods you will be required to produce identity documents for example a valid ID or passport to proof you are either the purchaser of the goods of the person for whom the goods were purchased.
vii) Where applicable goods and services shall be delivered to the address provided on ordering the goods/services. Therefore, ensure that the correct address is on your order.
viii) You will be required to sign proof of delivery on receipt of the goods as assurance that goods have been received as ordered and in good condition.
ix) Your account shall be suspended in cases of misuse, fraud, failure to pay orders etc.

Copiright(c) www.jomakahorizons.com.

Prices and Payments

The prices and charges in this site are in Kenya Shillings (KSH) and inclusive of VAT and other taxes where applicable and exclusive of delivery charges.
ii) The total cost of your order will be the price of the product ordered. Any additional service you choose (eg installation) plus any applicable delivery charge all these will be set out clearly in your cast before you submit your order.
iii) Prices, offers and products are subject to availability and may change before (but not after your order). If something becomes unavailable we may offer you and alternative.
iv) Purchase of goods above Ksh 20,000 will require identification.
v) We try hard to ensure that all information on this web application is accurate. However, just occasionally an error can occur. If we discover an error in the price or description of a product you have ordered, we will tell you and ask you whether you wish to continue with your order or cancel it.

Copiright(c) www.jomakahorizons.com.

Missing, Damaged or Incorrect Orders

1. If you don’t receive all your ordered products, please inform us immediately by call at the time of delivery.
2. If you have any dispute after delivery, please call us within 12hrs and follow it up with an e-mail explaining the issue (dispute)
3. Please note that not all goods are returnable and any returnable item must be in the original manufacturers packing and without tampering.

Copiright(c) www.jomakahorizons.com.

Mode Of Communication

1. By using this service you agree to the mode of communication is electronic in particular through the internet. You agree that any communication either from you or us shall be electronic and in particular through the internet.
2. You agree that any agreement or contracts and/or other correspondences pertaining to the said agreements or contracts shall be electronic/internet based. Any legal requirement as to form e.g the requirement that the agreements or contract be in writing shell be deemed to be satisfied by the conclusion of the said agreements or contracts electronically through the internet, unless the specified otherwise by the relevant law.

Copiright(c) www.jomakahorizons.com.

License And Access

1. Provided that you abide by the provisions of these terms and conditions including payment if any applicable fees we grant you a limited, non-exclusive, non-transferable, non sub-licensable license to access and make personal and non-commercial use of the services herein.
2. This license doesn’t include any resale or commercial use of any of our services or its contents any collection and use of any product listings, descriptions or prices, any derivative use of any of our services or its contents; any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots or similar data gathering and extraction tools.

Copiright(c) www.jomakahorizons.com.

Site Usage and Confidentiality

1. You agree to use your account maintained with us without contravening applicable laws and as such we reserve the right to decline, delete, amend or edit any information that maybe contrary to any laws or the terms of usage of this service without any reference to you.
2. You represent and warrant that you have rights to the content that you post that as at the date and time that the content or material is posted.
i) The content and material is accurate and
ii) Use of the content and material you supply doesn’t breach any applicable law.
3. You agree to use your account in a confidential manner and keep your logins secure and confidential.
4. Ensure information disclosed to us is correct and complete, any change thereto to be communicated to us.
5. We shall not be liable for any omission to use your account in a confidential, responsible and lawful manner as stated herein.
6. You agree to indemnify us of all claims brought by a third party against us arising out of or in connection with the content and material you supply.
7. You may post reviews, comments and submit suggestions, ideas, comments, questions or other information as long as the said content isn’t in contravention to any law.
8. If you post content or submit material and unless we indicate otherwise, you grant us or you sublicense a non-exclusive royalty-free and fully sub licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us including the execution of deeds and documents at our request.

Copiright(c) www.jomakahorizons.com.

Intellectual Property & Trade Marks

1. This web contains logos, names, brands, words, phrases, designs, images, graphics, page headers, button icons, scripts, service names etc or a combination of the fore going elements that are distinctive and are used in respect of this service and belong to either us or other third parties who use this portal (collectively known as “Trade Marks) and are protected by the applicable both local and international laws.
2. The trade marks may but be used in respect of products or services that don’t belong or authorized by us or third parties or in manner would lower the image of the respective Trade Mark owner’s products and services

Copiright(c) www.jomakahorizons.com.

Copyrights

1. The contents of this web application, including softwares, text, graphics logos, button, icons, audio clips, digital downloads and data compilations made available herein or any other products or service are either our copyrights or those of our affiliates herein or any other products or services are either our copyrights or those of our affiliates or third parties transacting on Jomaka Horizons Ltd and are duly protected by applicable local as well as international laws.
2. You may not extract and/or reutilize parts of the content of this web application or products or services hosted in this web application without our express written consent or the respective third parties
3. You may not create and/or publish your own database that features substantial parts of our services (eg Our prices and product listings) without our express written consent.
4. You may not utilize any data mining, robots or similar data gathering and extraction (whether once or many times) for re-utilization any substantial parts of the content of this web application, without express written consent from Jomaka Horizons Ltd.
5. You may not circumvent, manufacture or distribute devices which are primarily designed or produced for the purpose of circumventing technical measures designed to protect the copyright.
6. You may not remove or alter any electronic rights management information or distribute, broadcast or make available to the public, protected works, records or copies from which electronic rights management information has been removed or has been altered without our express authority or that of the respective third parties.
7. Unless express authority is given, you may not incorporate any portion if any software found on this web application into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell rent, lease, lend, loan, distribute or sub-license software or otherwise assign rights to the software in whole or in part.

Copiright(c) www.jomakahorizons.com.

Patents Models or Industrial Designs

This site may:
1. Disclose processes or products which are inventions that are our patents or patents of our affiliates, or third parties transacting on this web application and are dully protected by applicable local and international laws.
2. Disclose any form, configuration or disposition of element of some appliance, utencil tool electrical and electronic circuitry, instrument, handicraft mechanism or other object that are our utility models or those of our affiliates or third parties transacting on this web application and are dully protected by applicable local as well as international laws.
3. Disclose any composition of lines or colours object that are our industrial designs or those of our affiliates, or third parties transacting on this site and are duly protected by applicable both local and International laws.
4. You may not make, import offer for sale, or stock such products for the purposes of offering it for sale, selling or using the product pertaining to the patent, utility mode or industrial design without our express authorization of or that of our affiliates, or third parties transacting on this web application.
Disclaimer
1. While every effort is made to ensure and keep the web application up and running smoothly, Jomaka Horizons Ltd takes no responsibility for and will not be liable for the web application being temporarily unavailable due to technical issues beyond our control
2. Through this web application you may be able to link to other websites which aren’t under the control of Jomaka Horizons Ltd, We have no control over the nature content and availability of these sites. The inclusion of any links doesn’t necessary imply a recommendation or endorsement of the views expressed within them.
3. In no event will we be liable for any loss or damaged including without limitations, indirect or consequential loss or damage or any loss damage whatsoever from loss of data or profits arising out of or in connection with the use of this website application.
4. The informations contained in this web application is for general information purposes only. The information is provided by Jomaka Horizons Ltd and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind express or implied about the completeness, accuracy, reliability, sustainability or availability with respect to the web application or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
5. Information, ideas and opinions expressed on this web application should not be regarded as professional advice or the official opinion of Jomaka Horizons Ltd and you are encouraged to consult professional advice before taking any cause of action related to information, ideas or opinions expressed herein.
6. Although the products you purchase may be under warranty, the web application itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirement. It is your sole responsibility to satisfy yourself prior to accepting these terms and conditions that the service available from and through this web application will meet your individual requirements and compatible with your hardware and/or software.
7. Save for any liability imposed by applicable laws on Jomaka Horizons Ltd, neither Jomaka Horizon Ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web application or the services or content provided from and through this web application. Furthermore, Jomaka Horizons Ltd makes no representation or warranties, implied or otherwise, that amongst others the content and technology available from this web application are free errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any errors or/and malfunctions immediately you become aware of any.

Copiright(c) www.jomakahorizons.com.

Limitation of Liability and force Majeure

1. in as much we shall endevour to ensure that our website application is available and accurate, we cannot guarantee the availability or accuracy of the same because of factors beyond our control pertaining and given the routine or occasional need to maintain, repair or improve this web application, the services maybe temporarily interrupted or unavailable.
2. We shall not be liable in respect of any delay in performing or failure to perform any of our obligations hereunder is such delay or failure results from.
i) Acts or intervention of Government or Government agencies.
ii) Fire, floods or explosion
iii) Act of God
iv) Declare or undeclared war, or riots or civil commotion
v) Strikes or other industrial disputes
vi) Any act neglect or default of the other party or
vii) Any cause outside our reasonable control.

Copiright(c) www.jomakahorizons.com.

No Waiver

If you breach any of these terms and conditions, no failure or delay by us in exercising any claim, remedy right, power or privilege shall operate as a waiver nor shall any single or partial exercise of any claim, remedy right, power or privilege preclude any further exercise thereof or the exercise of any other claim, right or power.

Copiright(c) www.jomakahorizons.com.

Severability

Any provision of these terms and conditions which is or may become illegal, invalid or unenforceable, shall be severed from the balance of the terms and conditions without invalidating the remaining provisions or affecting the validity or unenforceability of such remaining provisions.

Copiright(c) www.jomakahorizons.com.

Amendments or Variations

We reserve the right to amend or vary any provisions of these terms and conditions at any time. Any such amendment or variation shall be binding on you as at the time they are posted on this web applications.

Copiright(c) www.jomakahorizons.com.

Governing Law and Jurisdiction of Courts

The interpretation, construction and performance of these terms and conditions shall be governed exclusively by Kenyan Law and you expressly submit to the exclusive jurisdiction of the Kenyan Courts.

Copiright(c) www.jomakahorizons.com.

Data Policy

Consent for use and storage of personal data
Personal Information
While using our service, sometimes you will be required to provide us with certain personally identifiable information that can be used to contact or identify you (“personal information).
Personally identifiable information may include, but not limited to
i) Email Address
ii) Full Name
iii) Contact Number
iv) Postal Addresses
v) Physical Address
vi) Identity Number
vii) Biometric Information
viii) Cookies
ix) Usage Data
x) KRA Pin

Copiright(c) www.jomakahorizons.com.

Usage Data

We may also process personal information on how the service is accessed and used (“usage data). This usage data may include informative such as your computer’s internet protocol address (IP Address) browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Copiright(c) www.jomakahorizons.com.

Tracking and Cookies Data

We use cookies and similar tracking technologies to track the activity on our side and hold certain information. Cookies are files with small amount of data which may include an anonymous unique identifier cookies are sent to your browser from a web software and stored on your device. Tracking technologies also used are beacons, tags and scripts to collect and information and to improve and analysis our service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies you may not be able to use some functions/portions of our services.

Copiright(c) www.jomakahorizons.com.

Examples of Cookies we use

 Session cookies: To operate our service
 Preference cookies: To remember your preferences and various settings
 Security cookies: Used for security purposes.

Copiright(c) www.jomakahorizons.com.

Use of data

Jomaka Horizons Ltd uses the collected data for various purposes i) To provide and maintain the service ii) To notify you about changes to our service iii) To allow you to participate in interactive features of our services when you choose to do so. iv) To provide customer care and support v) To provide analysis or valuable information so that we can improve the service vi) To monitor the usage of the service vii) To detect, prevent and address technical issues.

Copiright(c) www.jomakahorizons.com.

Transfer of data

- Your information, including personal information, may be transferred to and maintained on-outside the Republic of Kenya, where the data laws may differ than those set out in Republic of Kenya.
- Whether located in Kenya or not and choose to provide information to us please note that we may transfer the data, including personal information to where our head office will be located.
- Your consent to this privacy notice followed by your submission of such information represents your agreement to that transfer.
- Jomaka Horizons Ltd will take all steps reasonably necessary and possible to ensure that your data is treated securely and in accordance with this privacy notice and no transfer of your personal information will take place to an organization or a Country unless there are adequate controls in place including the security of your data and other personal information.

Copiright(c) www.jomakahorizons.com.

Service providers

We may employ third party companies and individuals to facilitate our service (“serve providers”) to the service on our behalf, to perform service-related services, provide security or to assist us in analysis how our service is used.
These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. We value your personal information and our service providers are closely selected to ensure that they comply with the relevant safeguards and technical measure in relation to your personal information.
We may also use third party service providers to monitor and analyze the use of our service. Our service may contain links to other sites that are not operated by us. If you click on a third party link you will be directed to the third party’s site. We strongly advise you to review the privacy statement of every site you visit. We have no control over and assume no responsibility for the content, privacy statement or practices of any third party sites or services.

Copiright(c) www.jomakahorizons.com.

Children Information

We don’t knowingly collect personal information from anyone under the age of 18, without the consent of the parent/guardian. If we become aware that we have collected personal information from minors without verification of parental/guardian consent, we take steps to remove that information from our serves and service providers.

Copiright(c) www.jomakahorizons.com.

How we store your personal information

The security of your information is important to us, but remember that no method of transmission over the internet, or method of electronic storage is 100% while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. We retain your personal information only for the period necessary for the purpose set out in this statement or in accordance with the provisions of any applicable legislation. We will then dispute your information by deleting or shredding your information as soon as we no longer require your information, or you objected to us processing your information.

Copiright(c) www.jomakahorizons.com.

Amendments to the Privacy Notice

Our business changes constantly and our privacy statement and our web software terms and conditions will also change from time to time. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our web application frequently to see any recent change. Unless stated otherwise, our current privacy statement applies to all information that we have about you and your account.

Copiright(c) www.jomakahorizons.com.

Terms of Warranty

1. Proof of purchase in the form of original receipt/invoice warranty card and the requisite Tims/etims tax invoice where applicable must be presented before warranty repair or replacement where applicable is approved.
2. Standard warranty period for all products and services is as detailed in the respective manufacturers terms and conditions on the same.
3. In lieu of warranty, condition or liability implied by law, the liability of Jomaka Horizon Ltd in respect of defect or malfunction of any product or services supplied by us is limited only to making good by repair or replacement as detailed in the respective manufacturers terms and conditions on the same.
4. The warranty applies solely to goods and services and no claim for consequential damages however arising will be entertained and Jomaka Horizons Ltd will not be liable for the same.
5. The warranty will be voided by an attempt to repair or tamper in any way with any part s of product by authorized people.
6. Once all the requirements for warranty are fulfilled, Jomaka Horizons Ltd will endeavor at the earliest opportunity to ensure all returned and accepted products are resolved at the earliest opportunity in accordance with the manufacturer’s terms and conditions.

Copiright(c) www.jomakahorizons.com.

Return Policy

1. Reports of damages or faulty products must be made within 12hrs of pick or delivery through our phone call and email.
2. We shall accept products if faulty or damaged subject to manufacturers terms and conditions on the same.
3. Reports of fault or damages are subject to product warranty as per manufacturer’s terms and conditions.
4. Proof of purchase is mandatory provide original receipt. Invoice warranty card and the requisite Tims/etims compliant tax invoice where applicable.
5. For a product to be accept for return it be in the original manufacturers packing and must not have been tampered with whatsoever.

Copiright(c) www.jomakahorizons.com.
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