When you access our website, you agree to our terms and conditions, so please take a few moments to read these terms and conditions. By using our website, you are entering into a legally binding agreement. Please read these terms and conditions carefully before you start to use our website. You may wish to print a copy of these terms and conditions for your future reference.
Section A – General
- General
- These terms and conditions, together with the documents referred to within, regulate the use of our Website and define the legally binding terms on which you access, browse, register or otherwise use the Website and receive the services, (the “Services”). The terms and conditions apply to all users of the Website, including without limitation unauthenticated users, registered (authenticated) users (“Customers”), registered sellers (“Producers/Artists”), and contributors of any content, material, information or services on the Website.
- By using our Website in any manner, you confirm that you accept these terms and conditions and that you agree to comply with and be bound by them. You understand that breach of any of these terms and conditions may result in your rights to use the Services on the Website being restricted, suspended or withdrawn.
- If you do not agree to these terms and conditions, you will not have access to the Website or use of the Services.
- We may amend these terms and conditions at any time by amending this page. When changed, Registered Customers will be required to accept the new terms and conditions before being able to continue use of the website. These terms and conditions were last updated on 05/07/2021.
- Other Applicable Terms
These terms and conditions also refer to the following additional terms, which also apply to your use of our Website, as well as any other operating rules, policies or procedures that may be published from time to time on the Website, each of which is incorporated into these terms and conditions by reference and each of which may be updated by us from time to time:- As further detailed in clause 8 below, in respect of any payments made via the Website, PesaPal’s Terms and Conditions apply: https://www.pesapal.com/terms-and-conditions
- For every User of the Website, the Data Privacy Policy relating to the processing of personal data by the Company and the use of cookies on the Website, which accompany these terms and conditions, take precedence over them in the event of any conflict (the “Data Privacy Policy”).
- About
- The Website is a site owned and operated by Dennis Muraguri, a private limited company registered in Kenya with a company registration number of XXXXXX, and the registered address of Kuona Artists Collective, Centre for the Visual Arts, Likoni Ln, Likoni Cl, off Denis Pritt Rd, Hurlingham, Nairobi, Kenya.
- Our contact details are as follows:
Postal address: Dennis Muraguri, Kuona Artists Collective, Centre for the Visual Arts, Likoni Ln, Likoni Cl, off Denis Pritt Rd, Hurlingham, Nairobi, Kenya
Email: support@shop.dennis-muraguri.co.ke
- About The Website
- The Website is an online marketplace allowing users who comply with our terms and conditions to create and manage an account, or simply purchase items (the “Products”). Once registered, users can create personal profiles and use other services on the Website. Website Administrators are responsible for overseeing the sales facilitated by the Market (the “Sales”) and coordinating the delivery of the Products ordered on the Website (including setting the dates and delivery methods and collection locations).
- The platform and tools are implemented and operated to enable the contract for sale directly between the Customer and the Producer. Liability is only accepted for any issues which may arise during the conclusion of these contracts to the tune of the amount of the original purchase and the cost of return shipping.
- We stand by offers or content on the Website. We guarantee the existence, quality, safety or legality of Products advertised; the truth or accuracy of offers, the ability of Producers to provide the Products; the ability of Customers to pay for Products; or the fulfilment of transactions, the smooth functioning of Collections, or the proper implementation of the contracts entered into between Customers and Producers.
- We provide any undertaking regarding,
- the compliance of Orders with applicable laws and regulations;
- the compliance of Products with applicable laws and regulations, including their preparation and/or labelling;
- the conformity of delivered Products with the terms of the contract and the existence of possible hidden defects;
- We do not provide any undertaking regarding,
- the risks linked to transporting, storing, conserving and delivering the Products; or
- the compliance with hygiene and maintenance rules in regard to the Distribution site.
- We give undertaking, that Products and/or services you purchase from the Website will be of satisfactory quality, and this and any other such warranties (whether expressed or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against a Customer. Where you Order goods and/or services through the Website we may disclose your customer information related to that transaction to the relevant Producer.
- Accessing our Website and Services
- Our Website is made available free of charge to all users.
- We do not guarantee that our Website, any Content or any of the Services, will always be available or be uninterrupted, or fault-free. Access to our Website is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of our Website without notice at any time. We will not be liable to any user of the Website if for any reason the Website is unavailable at any time or for any period. Please note that content on our Website may be out of date at any given time and we are under no obligation to update it.
- We do not guarantee that our Website, or any Content on it will be free from errors or omissions.
- You are responsible for making all arrangements necessary to have access to our site and are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
- Account Registration
- Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
- Users who fulfil the requirements above and wish to register an account to become a Customer of the Website (“Account”), in accordance with clause 6.3 below, by completing all required fields on the Website registration form found here: https://shop.dennis-muraguri.co.ke/.
- In order to register for an Account, you must provide an email address and secure password, which you may update at any time via the Website. You are solely responsible for keeping your log in details (including your password) confidential and must not disclose it or share it with anyone. You will be responsible for all activity and Orders that take place using your log in details. In the event of theft, loss, fraud or unauthorized use of a user’s password or account, you must contact us immediately at support@shop.dennis-muraguri.co.ke. In such circumstances, we reserve the right to take any measures we deem appropriate.
- Where we have reason to suspect or believe that there has or is likely to be a security breach or other misuse of the Website, we reserve the right to change your password to ensure that your account is no longer compromised.
- As a user, you:
- represent and undertake that all Account information provided is accurate, up to date, honest and not misleading;
- commit to updating your Account information as and when it changes; and
- accept sole responsibility for any direct or indirect adverse consequences caused by the inaccuracy of this information or failure to update this information.
- The information submitted to create or update an Account constitutes proof of your identity. We reserve the right to verify, at any time, the accuracy of the information provided and to ask you for any additional documentation or information for the purpose of identity verification.
- How to de-register
- You can at any time decide to terminate your membership of and/or change your membership, through the Account page.
- In addition, you can de-register from the Website at any time by sending an email to support@shop.dennis-muraguri.co.ke. We will send you confirmation that your account has been cancelled, after which point you will no longer have access to the Services. Orders placed before unsubscribing will nevertheless be carried out and you will be bound by the terms and conditions of the Order as if you were a Customer, until the Order is completed.
- Payments on our Website
- All payments made on the Website are processed by a third-party payment handler, Pesapal Limited, P.O Box 1179-00606. Nairobi, Kenya, regulated by the Central Bank of Kenya, a registered e-money company which provides services for the issuing, use and management of e-money (“Payment Service”). In Order to buy and sell Products advertised on our Website, Customers must consent to at least the minimum personal data collected by PesaPal Limited in order to fulfill the transaction.
- Users agree to be bound by the Terms and Conditions of the Payment service PesaPal Limited. In the event of any conflict between the Terms and Conditions of the Payment Service on the one hand, and these Terms of Use and/or the Terms of Use for Hosts and Producers on the other, the latter will take precedence, with the exception of where applicable law demands the application of the Terms and Conditions of the Payment Service.
- The Payment Service is solely responsible for these transactions.
- More information on the kinds of personal data collected by PesaPal Limited is available to read on the Privacy Policy page on their website https://www.pesapal.com/privacy-policy
- Uploading Content onto our Website
- Whenever you make use of a feature that allows the upload of content of any nature (including written, visual, audio, video or other content, including any offer of Products made by Producers) (“Content”) to our Website, you must comply with the rules set out in these Terms of Use.
- You are solely responsible for all Content you choose to upload to the Website, which means that if you provide Content in breach of these terms, you may be required to compensate anyone who suffers as a result. Accordingly, you must ensure to respect the usual rules of moderation, politeness, and cordiality with regard to any interaction with other users or exchange of Content on the Website.
- You must not use the Website to knowingly harass, threaten, intimidate, blackmail or otherwise abuse another user and if someone asks you not to contact them again, you must not contact them via the Website again.
- You must not use Messages to send unsolicited advertising or promotions, requests for donations or “spam”, or pass on email addresses or any other information to third parties.
- You undertake to us that you possess all the rights and authorisations necessary for the publication of any Content uploaded onto the Website and that the Content does not infringe any third-party intellectual property rights. In the event that we receive a complaint in respect of any content posted by you, it shall be your sole responsibility to deal with such a complaint and to compensate us for any loss suffered. We reserve the right to remove any such content immediately and/or provide your identity to any third party who is claiming that any such content constitutes a violation of their intellectual property rights or rights to privacy.
- You grant us a non-exclusive, perpetual, irrevocable, royalty-free, fully sub-licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such licence to use the Content you add to our Website, throughout the world in any media, including, for example, for our campaigning purposes or marketing materials. We will not use your Content for marketing or publicity purposes without first contacting you for your permission.
- You agree to allow the Company to store or re-format your Content on the Website and display your content on the Website in any way we choose. We will only use personal information in accordance with our Data Privacy Policy.
- You agree only to publish Content that is lawful, does not harm public Order, decency or the rights of a third party, does not violate any law or regulation and more generally, which is not likely to expose us to civil or criminal liability.
- We act only as a hosting service provider and have no knowledge or control of the Content published by users in the context of the Services. Views expressed by individuals on our Website do not represent the views of the Company. We do not moderate, select, verify or control in any way the Content and we accept no liability for the Content posted by third parties. All complaints must be directed in the first instance to the author of the Content in question or the Website Administrator. You may, however, notify us of any Content related complaints at support@shop.dennis-muraguri.co.ke.
- Prohibited Use of the Website
- You must not use the Website for disseminating any of the following Content (this list is not exhaustive): – Content which is unlawful, harassing, pornographic, obscene, indecent, shocking, abusive, threatening, inappropriate for family viewing, vulgar, libellous, defamatory, injurious, violent, racist, xenophobic, or Holocaust-denying;
– dishonest, misleading Content, or Content which offers or promotes unlawful, fraudulent or dishonest activities;
– material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
– Content which is harmful to the IT systems of third parties (such as viruses, worms, Trojan Horses etc.); or
– more generally, Content which is likely to violate the rights of a third party (including intellectual property rights, image rights, etc.) or to be prejudicial to third parties, in any manner or form. - In addition, you must not use the Website for any of the following purposes (this list is not exhaustive):
- transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;
- gaining unauthorised access to other computer systems;
- interfering with any other person’s use or enjoyment of the Website;
- impersonating another person or otherwise misleading as to the origin of Content;
- the carrying out of illegal or fraudulent activities, or any activity violating the rights or safety of third parties;
- the violation of public Order or of applicable laws and regulations;
- the intrusion of a third party’s IT system, or any activity likely to harm, control, interfere with or intercept part or all of a third party’s IT system, or to violate its integrity or safety;
- the sending of unsolicited emails, and/or marketing or commercial solicitation emails;
- manipulations aimed at improving the indexing of a third party website;
- the collection and aggregation of any information present on the Website without the Company’s expressly given authorisation;
- the assistance or incitement, in any manner or form, of one or several of the aforementioned acts and activities; or
- more generally, any practice aiming to divert the Services to purposes other than those for which they have been created.
- It is strictly forbidden for Users to copy and/or divert for their own purposes or those of a third party the concept, technologies or any other element of the Website.
- Equally strictly forbidden are: (i) all behaviours likely to interrupt, suspend, slow or impede the Services’ continuity; (ii) all intrusions or attempts to intrude into the Company’s systems; (iii) all actions likely to divert the resources of the Website; (iv) all actions likely to impose a disproportionate burden on the Website’s infrastructures; (v) all violations of security or authentication measures; (vi) all acts likely to violate the rights and financial, commercial, or moral interests of the Company or of the Website’s Users; (vii) all actions aimed at suppressing, hiding or displacing the advertisements or promotional messages found on the Website; and (viii) any breaches of these general terms and conditions.
- It is strictly forbidden to trade, sell or grant all or part of the access to the Services or to the Website, as well as to the information which is hosted and/or shared on it.
- You warrant that any Content you upload and your use of the Website complies with the standards set out in these terms and conditions, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
- You must not use the Website for disseminating any of the following Content (this list is not exhaustive): – Content which is unlawful, harassing, pornographic, obscene, indecent, shocking, abusive, threatening, inappropriate for family viewing, vulgar, libellous, defamatory, injurious, violent, racist, xenophobic, or Holocaust-denying;
- Intellectual Property
- We are the owner of all intellectual property rights in the Website and any materials published on it unless stated otherwise. These rights are protected by copyright laws and treaties around the world. All such rights are reserved. You may only access and use the materials for personal use and you may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the materials (or authorise others to) for commercial gain, without a licence to do so from us.
- We own or are the licensee of all rights, titles, interests, in and to the Website, including all rights under patents, copyrights, database rights, design rights, trade secrets, trademarks, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. Any disassembling, decompilation, decryption, extraction, re-use, copying, or more generally any act of reproduction, representation, transmission or use of any of these elements, in part or in whole, without the authorisation of the Company is strictly forbidden and may be subject to legal action.
- No reliance
- The Content on the Website is provided for general information only and is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation, warranty or guarantee, whether express or implied, that the content on our site is accurate, complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.
- We have no obligation to verify the content of such information or to edit any such information provided by third parties.
- Limitation of Liability
- Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Kenyan law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
– use of, or inability to use, our Website; or
– use of or reliance on any Content displayed on our Website. - If you are a consumer user, please note that we only provide our Website for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsements by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
- Viruses
- We do not guarantee that our Website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
- You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our site is stored or any server, computer or database connected to our Website. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
- Linking to Our Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home or blog pages.
- We reserve the right to withdraw linking permission without notice.
- The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use.
- If you wish to make any use of the content on our site other than that set out above, please contact support@shop.dennis-muraguri.co.ke.
- Third-Party Links
- We can under no circumstances be held responsible for the technical availability of third party websites from which you gain access via the Website.
- We accept no liability for content, advertising, products and/or services available on such third party websites and we are not responsible for any transaction occurring between you and a third-party website.
- Advertising
We reserve the right to insert on any page of the Website or in any communication with users any form of advertising or commercial message. You understand that we may transmit any advertising content or promotional content on the Website and in its communication with you or other users. - Waiver
Any failure by us to require strict performance of any of your obligations under these terms and conditions, and any failure by us to exercise any of the rights or remedies to which we are entitled, shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. - Severability
If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law. - Indemnity
If you are accessing the Website in the course of a business, you will indemnify and hold harmless the Company against any charges, complaints, actions and/or claims for which the Company could be held liable following any violation by you of any one of your obligations under these terms and conditions, and/or the Terms of Use for Producers to the extent they apply and you undertake to compensate us for any liabilities to which it could be subject and to pay for all the fees, charges and/or sentences to which we could be subject as a result. - Sanctions of breaches
- In the event of any breach of these terms and conditions (and/or of the Terms of Use for Producers to the extent they apply) or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation:
a) suspending or terminating access to all or part of the Services of the User who committed the breach or offence and any User who participated in any such breach;
b) removing any content published on the Website;
c) publishing on the Website any notice that the Company deems useful;
d) alerting all relevant authorities; and/or
e) taking legal action. - Any suspension or termination shall take full effect on the date we send the communication to the User and the User’s account will be automatically cancelled without further notice, without prejudice to any other rights we may have.
- In the event of any breach of these terms and conditions (and/or of the Terms of Use for Producers to the extent they apply) or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation:
- Copyright and Intellectual Property
All material is the Intellectual and Copyrighted property of Dennis Muraguri unless explicity stated (Registered Address: Kuona Artists Collective, Centre for the Visual Arts, Likoni Ln, Likoni Cl, off Denis Pritt Rd, Hurlingham, Nairobi, Kenya).
