TERMS & CONDITIONS
NATURE AND APPLICABILITY OF TERMS
These Terms and Conditions may be altered at Avechi’s sole discretion from time to time and we advise that you read through them every time you access the website and/or the services. Your continued use of the Website following the posting of changes will mean that you accept and agree to any such and all changes.
Please carefully read these terms and conditions (“Terms”) before you decide to access the Website.
These Terms constitute a legal agreement between you and Avechi in connection with your visit to the Website and your use of the Services (as defined below).
By accessing the Website and Services, you confirm having read these Terms and Conditions carefully, and understood the risks and benefits of utilizing the Services.
By checking the box on the Website containing "Agree to the Terms & Conditions" you hereby state that you have read, understood, and agree to the terms of this document.
Avechi Limited, ("Avechi", "we", "us", or "our"), operates the website located at avechi.com and the mobile application of the platform (collectively referred to as “the Website”). We offer online shopping services for various electronic devices and other goods and services (“the Products”) that may be availed from time to time, through the Website (the "Services/Service").
This Agreement applies to all products and services made available by Avechi on the Website.
CONDITIONS OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and/or using the Website/accepting this Agreement, you represent and warrant to Avechi that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement. If you are using/accessing this Website as a representative of any person/entity, you acknowledge that you are legally authorised to represent that person/entity. Minors are only allowed to access the Website and use the Service, only with the approval and under the supervision of their legal representatives and only in the event that it concerns an act or a transaction that is usual and acceptable in civil life and practice and is for the benefit of the minor. Avechi shall bear no liability for the breach of this provision by any User or other person.
We hereby grant to you a limited, non-exclusive, nontransferable right to access the Website and use the Services solely for your personal non-commercial use and only as permitted under these Terms and conditions and any separate agreements you may have entered into with us ("Access Rights"). We reserve the right, in our sole discretion, to deny or suspend use of the Website or Services by anyone for any reason.
You agree that you will not, and will not attempt to or do any of the following:
impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
engage in advertising to, or solicitation of, other users of Avechi to buy or sell any products or services, including, but not limited to, products or services being displayed on the Website or related to the Website;
use the Website or Services to violate any local, state, national or international law;
reverse engineer, disassemble, decompile, or translate any software or other components of the Website or Services;
access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes;
use abusive language when communicating through the Website in any manner;
distribute viruses or other harmful computer code through the Website;
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post advertisement on a third party Website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
transmit any chain letters or unsolicited commercial or junk email to other users via the Website; make any libellous or defamatory comments or postings to or against anyone;
collect personal data about other users or entities for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service;
post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
attempt to gain unauthorized access to computer systems owned or controlled by Avechi or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service or the Website;
use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Avechi's "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation;
use any automated device or software that enables the submission of automatic postings on Avechi without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
violate or attempting to violate the integrity or security of the Website or any Avechi Content;
transmit any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by Avechi;
intentionally submitting on the Website any incomplete, false or inaccurate information;
make any unsolicited communications to other Users;
use any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempt to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the Avechi content or other information available from the Website;
circumvent or disabling any digital rights management, usage rules, or other security features of the Software;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Avechi’s systems or networks, or any systems or networks connected to Avechi or the Website;
use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Website on or through the Website or any service offered on or through the Website;
probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of Avechi, including any account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website;
attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any of Avechi’s servers, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means;
use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Avechi reserves the right to bar any such activity
otherwise use the Services or Website in any manner that exceeds the scope of use granted above.
Without prejudice to the detailed to any other terms herein, Avechi hereby informs Users that they are not permitted to host, display, upload, download, modify, publish, transmit, update, share or in any manner handle any information that:
belongs to another person and to which the User does not have any right to;
you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
engages in commercial activities and/or sales without Avechi's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout these Terms and Conditions, Avechi’s "prior written consent" means a communication coming from Avechi, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
solicits gambling or engages in any gambling activity which Avechi, in its sole discretion, believes is or could be construed as being illegal;
interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
refers to any website or URL that, in the sole discretion of Avechi, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions;
infringes any patent, trademark, copyright or other proprietary rights;
that is fraudulent or involves the sale of counterfeit or stolen items;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
may create or that creates any liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers;
threatens the unity, integrity, defence, security or sovereignty of Kenya, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, discriminatory, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any third-party intellectual property or third party’s trade secrets or rights of publicity or privacy,
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
violates any applicable law or regulation;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; violates any law for the time being in force;
is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Avechi all of the license rights granted herein;
violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant;
includes personal or identifying information about another person without that person's explicit consent;
impersonates any person or entity, including, but not limited to, an Avechi employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
constitutes or contains "pyramid schemes", “jokes”, "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
constitutes or contains any form of advertising or solicitation if (i) posted in areas or categories of the Website which are not designated for such purposes; or (ii) e-mailed to Avechi users who have requested not to be contacted about other services, products or commercial interests;
includes links to commercial services or Third Party Websites, except as specifically allowed by Avechi;
advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Services, or that otherwise negatively affects other users' ability to use the Services; or
employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Avechi reserves the right to restrict the number of messages or emails or other communication which a user may send to other users in any 24-hour period which Avechi deems appropriate in its sole discretion.
You acknowledge and agree that from time to time Avechi may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Avechi e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms.
We strongly recommend that you do not use the Services on public computers. We also recommend that you do not store your account password through your web browser or other software.
In connection with the Services, the Website may display certain intellectual property goods belonging to third parties. Use of these goods may be subject to license granted by third parties to Avechi. You shall, in no event, reverse engineer, decompile, or disassemble such goods and nothing herein shall be construed to grant you any right in relation to such goods.
User however understands that Avechi shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Third Party Seller from the Website;
You agree that Avechi may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:
Obtaining feedback in relation to Website or Avechi’s or Third Party Sellers or Services; and/or
Resolving any complaints, information, or queries regarding your Critical Content;
Any other reason that may be communicated by Avechi;
and you agree to provide your fullest co-operation further to such communication by Avechi.
CONTENT OWNERSHIP AND INTELLECTUAL PROPERTY
The contents listed on the Website are (i) User generated content, or (ii) belong to Avechi. The information that is collected by Avechi directly or indirectly from the Users and Third Party Sellers shall belong to Avechi. Copying of the copyrighted content published by Avechi on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Avechi reserves its rights under applicable law accordingly.
Avechi authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, computer code, information, user interfaces, visual interfaces, text, graphics, images, logos, trademarks, sounds, music, artwork button icons, software code, design, and the collection, structure, selection, coordination, expression, “look and feel”, arrangement and assembly of content on the Website (collectively, "Avechi Content"), are the property of Avechi and are protected under copyright, trademark, trade dress, patent and other laws. User shall not modify the Avechi Content or reproduce, display, publicly perform, distribute, or otherwise use the Avechi Content in any way for any public or commercial purpose or for personal gain.
You may use information on the Products and Services purposely made available by Avechi for downloading from the Website, provided that you (i) not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) not make any additional representations or warranties relating to such documents;
Avechi reserves all rights not expressly granted herein to the Website and the Content.
DISCLAIMER OF WARRANTIES AND LIABILITY
The Website, all the materials, Services and Products (including but not limited to software), included on or otherwise made available to you through the Website are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade); all such warranties are expressly disclaimed to the fullest extent permitted by law. Avechi does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. Avechi does not guarantee the accuracy or completeness of any content or information provided by Users and Third Party Sellers on the Website. To the fullest extent permitted by law, Avechi disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by Avechi or any User in relation to any User or services provided by such User.
Avechi collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and business of Third Party Sellers listed on the Website, such as their location and contacts. Avechi takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Avechi screens and vets the information submitted by the Third Party Sellers, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
The Website may be linked to the websites of third parties, affiliates, business partners or other parties related or unrelated to Avechi. Avechi has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that Avechi endorses the linked site or any products and services promoted by such sites. User may use the links and those services at User’s own risk. Furthermore, if you link to third party websites, you may be subject to those third party websites’ terms and conditions and other policies. Your linking to any other websites is completely at your own risk and Avechi disclaims all liability thereto.
Avechi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website.
Avechi uses industry–level security and encryption to your account details. However, Avechi does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform Avechi of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to [email protected]
Avechi reserves the right, but has no obligation, to monitor the materials posted on the Website. Avechi shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms and Conditions. Notwithstanding this right of Avechi, you remain solely responsible for the content of the materials you post on the the Website and in your private messages. Please be advised that such Content posted does not necessarily reflect the views of Avechi. In no event shall Avechi assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. Avechi does not approve of such unauthorized uses but by using the Website you acknowledge and agree that Avechi is not responsible for the use of any personal information that you disclose or share with others on the Website. Please carefully select the type of information that you disclose or share with others on the Website. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Avechi be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, e-mailed or otherwise made available via the Service. You acknowledge and agree that Avechi is not obliged to pre-screen or approve any Content, but that Avechi has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Avechi’s knowledge or for any other reason or no reason at all.
Avechi assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website and Services, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, communicated, transmitted, or otherwise made available via the Website.
Without prejudice to the forgoing paragraph, Avechi does not warrant that:
the Website will be constantly available, or available at all;
the information on this website is complete, true, accurate or non-misleading;
the Website, information, content, materials, product (including software) or services included on or otherwise made available to you through the website; its servers; or electronic communication sent from Avechi are free of viruses or other harmful components;
None of the Website content should be considered as an endorsement, representation or warranty that any particular Product is safe, appropriate, or effective for you.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind
Avechi will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.
You acknowledge and agree that Avechi shall not be liable for your interactions with any organizations and/or individuals on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Avechi shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. In the event that you have a dispute with one or more other users, you hereby release Avechi, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.
If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
INTERACTIONS WITH THIRD PARTY SELLERS
Avechi may from time to time enter into agreements with other persons/entities (“Third Parties”) for the display, advertising and sale of the Products of such Third Parties through the Website.
You hereby acknowledge and agree that unless otherwise indicated in these Terms and Conditions, Avechi is not a party to transactions between you and Third Party Sellers, has no control over any element of such transactions, and shall have no liability towards any party in connection with such transactions including for taxes and any payments. You use the Service and the Website at your sole risk and responsibility.
All warranties related to Products of Third Party Sellers purchase from the Website shall be handled by the Third Party Seller.
Unless otherwise indicated on the Website or against a particular Product placed on the Website, any queries concerning a Product provided by Third Party Sellers shall be channeled to Avechi through the following email address: [email protected] or telephone number 0701 101010.
Your correspondence or business dealings with, or participation in promotions of, Third Party Sellers found on or through the Website, including payment and delivery of related goods or services (Products), and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such Third Party Sellers. Avechi shall not be responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such Third Party Sellers on the Website.
Avechi does not warrant, endorse, guarantee, or assume responsibility for any Product advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Avechi will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or Third Party Sellers. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Avechi is in no manner responsible or liable for any interactions with any Third Party Seller that are not conducted through the Website.
DELIVERY OF PRODUCTS, MODE OF PAYMENT & REFUND POLICY
You may make an order for purchase of any Product that is offered through the Website by Avechi or a Third Party Seller;
Whenever you make an order, you declare that you have provided all necessary details for the shipment of the Product to the destination specified by you in the Order;
Any Product purchased from Avechi will be delivered to you within 4 days of the making of the order while any Product purchased from a Third Party Seller will be delivered to you within 7 days of making of an order. Any Product purchased from a Third Party Seller who is based overseas or where the Product must be imported into Kenya will be delivered within 24 days of making the order. Avechi shall however not be liable to you in any way for failure of delivery being made to you within the indicated timelines;
Unless otherwise stated, all charges/prices for Products shall be quoted in Kenya Shillings;
As a User, you will pay for the Products and Services provided by Avechi and Third Party Sellers in accordance with the prices/tariff guide posted on the Website or communicated by Avechi from time to time.
The payment shall be made at the time of placing an order for a Product on the website or at the time of the delivery of the Product to you by Avechi or a Third Party Seller. However, should you make an order for a Product from a Third Party Seller who is not based in Kenya and/or where the Product is to be imported into Kenya, payment must be made at the time of placing the order;
You will be responsible for payment of all taxes associated with your purchase of a Product, delivery thereof and utilization of the Product/Services and the amount payable for a Product shall include the cost of delivery of the Product to you;
The mode and means of payment for the Products and Services are available on the Website;.
You shall be solely responsible for compliance of all applicable laws including those in Kenya for making payments to Avechi or to Third Party Sellers;
While availing any of the payment method/s offered by Avechi, Avechi will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
Lack of authorization for any transaction/s,or
Exceeding the preset limit mutually agreed by you and between your bank(s), or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s.
Should there be any issues with regard to the payment not reaching Avechi or the respective Third Party Seller, please reach us through [email protected]
You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with Us, you consent to be contacted by Avechi via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates;
Should you fail to take delivery of the Product for any reason other than a failure of the Product which was within the control of Avechi or a Third Party Seller, you will be responsible for the cost of returning the Product to Avechi’s or other Third Party Seller’s store;
If a Product offered on the Website is not as reasonably described, your sole remedy is to return it in unused condition;
If Avechi is unable to deliver a Product due to legal requirements, Avechi will return or will give credit for the amount received by Avechi from the sale of such product that could not be delivered to you;
For any Products or Services procured from a Third Party Seller, any non-delivery and refund shall be the responsibility of the Third Party Seller;
If Avechi comes across any difference in pricing resulting from typographic errors with regards to pricing or product information, Avechi shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from You within 10-15 business days of such corrective action taken. The mode of refund will be the same as that made by You to Avechi unless otherwise advised by Avechi.
Avechi reserves the right to cancel any order without any explanation for doing so, under situation where We are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with Avechi’s policy or for any reason. Avechi will use best endeavors to communicate the cancellation of an order in reasonable time, to the concerned person, and any applicable refund will be made in reasonable time;
Membership to the Website is free. Avechi does not charge any fee for browsing the Website. However Avechi reserves the right to charge fee and change its policies from time to time. In particular, Avechi may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, Avechi reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on the Website.
All items purchased from Avechi are made pursuant to a shipment contract. This means that the Risk of Loss shall remain with Avechi until the item is delivered to You. Upon delivery to You, the risk is transferred to You;
the fact that certain information is being collected;
the purpose for which the information is being collected;
the intended recipients of the information;
the nature of collection and retention of the information; and
the name and address of the agency that is collecting the information and the agency that will retain the information; and
the various rights available to such Users in respect of such information.
The Personal information we collect or maintain may include:
Your name, age, email address, username, telephone number, password, and other registration information;
Billing information that you provide us, such as credit card information;
Information about the computer or mobile device you are using, such as what Internet browser you use, the kind of computer or mobile device you use, and other information about how you use the Site;
Other information you input into the Site or related services.
We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
To provide you with the Products and Services
To create De-identified Information such as aggregate statistics relating to the use of the Services
To notify you when Site updates are available
To market and promote the Site and the Services to you
To fulfill any other purpose for which you provide us Personal Information
Debugging customer support related issues;
For any other purpose for which you give us authorization
We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions):
To our subsidiaries and affiliates.
To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
As required by law, which can include providing information as required by a court order.
When we believe in good faith that disclosure is necessary to protect your safety or the safety of others, to protect our rights, to investigate fraud, or to respond to a government request.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Avechi’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information maintained by the Site is among the assets transferred.
For any other purpose disclosed by us when you provide the information.
We may use De-Identified Information created by us without restriction.
We utilize cookies to provide you with the best Website experience; notably, if you lose network connectivity or close your browser momentarily while logged into our Services, you won’t lose your current session when you re-access the Website. Further, we employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption. But please be aware that no data transmission over the Internet or data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
While accessing the Website, we may ask you to provide certain demographic information including your gender, year of birth, address, and payment information. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form. In addition, neither Avechi nor Third Party Sellers will be liable for any loss, injury or harm associated with your provision of false or inaccurate information. Our use of any information you provide to us as part of the registration process is governed by the terms herein.
If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Avechi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Avechi has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
In order to use certain features of our Site, you may need a username and password, which you will receive and/or create through the Website's registration process. We reserve the right to reject or terminate the use of any username that we deem in our sole judgment offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Website or any features of the Website, to anyone who violates these Terms and Conditions or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Avechi shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Avechi or to any other person acting on behalf of Avechi.
The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Avechi of any actual or suspected unauthorized use of the User’s account or password. Although Avechi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Avechi or such other parties as the case may be, due to any unauthorized use of your account.
Information We Collect via Technology
As you use the Site or the Service, certain information may be passively collected by Cookies, navigational data like Uniform Resource Locators (URLs) and third party tracking services, including:
Site Activity Information. We may keep track of some of the actions you take on the Site, such as the content of searches you perform on the Site.
Access Device and Browser Information. When you access the Site from a computer or other device, we may collect anonymous information from that device, such as your Internet protocol address, browser type, connection speed and access times (collectively, "Anonymous Information").
Cookies. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies to make the Site and Service easier to use, to make our advertising better, and to protect both you and Avechi. You can instruct your browser, by changing its options, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. If you do not accept Cookies, however, you will not be able to stay logged in to the Site. We presently do not honor "Do Not Track" requests across all part of our Site.
Real-Time Location. Certain features of the Site use GPS technology to collect real-time information about the location of your device;
Mobile Services. We may also collect non-personal information from your mobile device or computer. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include how you use the application(s) and information about the type of device or computer you use. In addition, in the event our application(s) crashes on your mobile device we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our application(s).
Members will be able to update some of their information through the Website. Requests to modify any information may also be submitted directly to [email protected]
Avechi may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information. Computer web server logs may be preserved as long as administratively necessary.
You understand that Avechi has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
Avechi reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where:
Such User breaches any terms and conditions of this Agreement;
A third party reports violation of any of its right as a result of Your use of the Services;
Avechi is unable to verify or authenticate any information provide to Avechi by a User;
Avechi has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
Avechi believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Avechi or are contrary to the interests of the Website;
if the User is reasonably suspected or determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity and/or has had a user submission removed from the Website.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account in any manner whatsoever until such time that such User/ account is reinstated by Avechi. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User.
Without limiting other remedies, Avechi may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
2. If the Website is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or the Website.
Avechi, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any breach of these Terms and Conditions, shall be entitled to disable such information that is in contravention of these Terms and Conditions. Avechi shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
In case of non-compliance with any applicable laws, rules or regulations, or these terms and conditions by a User, Avechi has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
Avechi shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Avechi, or any of its owners, directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
provision of or failure to provide all or any Product or Service to a User contacted or managed through the Website;
any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
any unauthorized access to or alteration of your transmissions or data; or
any other matter relating to the Website or the Service.
in no event shall Avechi, its officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, consequential or exemplary damages (even if avechi has been advised of the possibility of such damages), resulting from any aspect of your use of the website or the service, including without limitation whether the damages arise from use or misuse of the website or the service, from inability to use the website or the service, or the interruption, suspension, modification, alteration, or termination of the website or the service. such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the website or the service or any links on the website, as well as by reason of any information, opinions or advice received through or advertised in connection with the website or the service or any links on the avechi site. These limitations shall apply to the fullest extent permitted by law. you specifically acknowledge and agree that avechi shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. avechi makes no representations or warranties that the website is appropriate for use in other locations. those who access or use the website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
While we strive to maintain the highest levels of service availability, Avechi is not liable for any interruption that may be caused to your access of the Services.
You agree to indemnify, defend and hold harmless any and all Protected Entities, harmless from and against any claim, actions, demands, liabilities and settlements, including without limitation reasonable legal and accounting fees ("Claims"), resulting from, or alleged to result from, your violation of these terms and conditions. In addition, you agree to indemnify, defend and hold harmless Avechi from and against any third party Claims resulting from your lack of adherence with this Agreement.
This defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Avechi without restriction. Any assignment or transfer by you shall be null and void.
APPLICABLE LAW AND DISPUTE SETTLEMENT
You agree that this Agreement and any contractual obligation between Avechi and User will be governed by the laws of Kenya.
The Kenyan Courts shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Avechi and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.
CONTACT INFORMATION GRIEVANCE OFFICER
If a User has any question, comment or complaint concerning Avechi, the Website, this Agreement, the Products and Services, or anything related to any of the foregoing, Avechi customer support can be reached at the following email address: [email protected] or via the contact form available through the Support button on our homepage at the following hyperlink: www.Avechi.com
If you are an owner of intellectual property rights or an agent who is fully authorised to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorised to act, you may submit a notification to Avechi together with a request to Avechi to delete the relevant Content in good faith. The notification and the request must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the intellectual property rights claimed to have been infringed, or, if multiple intellectual property rights at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the Content (by means of data or communication link, etc.) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Avechi to locate the material;
Information reasonably sufficient to permit Avechi to contact you, such as an address, telephone number, and an electronic mail address;
A signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right-owner, its agent, or the law;
A signed statement that the intellectual property-owner hold Avechi harmless from any claim of any third party in connection with the removing by Avechi of the relevant content; and
A signed statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must be sent to [email protected];
You should report any security violations to us by sending an email to [email protected];
If any provision of these Terms and Conditions is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and Conditions and the remainder of these Terms and Conditions shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, these Terms and Conditions shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of these Terms and Conditions shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Avechi. Any consent by Avechi to, or a waiver by Avechi of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.