TERMS & CONDITIONS
MyOrder.co.ke(the "Website") is a website that links buyers with sellers, by taking orders from buyers who wish to purchase certain products, passing on orders to sellers of the products who then process the orders and deliver the products to the buyers.
The Website is owned and operated byWeza Tele Limited. These Terms and Conditions govern your use of the MyOrder.co.ke website (“Site”) and your relationship with MyOrder (we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not register for or use the Site; otherwise your continued use of the Site will constitute acceptance of the terms and conditions, unmodified by you.
Except as set out here we do not sell, rent, trade or otherwise transfer any personal information, traffic data or communications content to any third party without your express permission (unless it is obliged to do so under applicable laws or by order of the competent authorities).
Please note that to use any of the services provided on the Site, you are required to register as an authorized user on the site.
Definition of Terms
- “Buyer”means any person or entity wishing to order for goods through the Site.
- “Delivery”means transportation of goods ordered by a buyer through the Site to the address provided by the buyer
- “Pickup”means the buyer or his or her representative collecting goods from the seller
- “Platform”means the hardware and software on which this service is offered.
- “Product”means any one or more of the goods offered by sellers on MyOrder.co.ke site from time to time.
- “Seller”means the sellers of goods and that shall be availed to the Buyers through this Site.
- “User”means the buyer or seller as appropriate
- “You”means the Buyer or Seller or any as appropriate.
- “We”means MyOrder.co.ke as appropriate
- You need not have a User Account in order to browse the SiteHOWEVERyou need to register online for a User account ("User Account") either as a buyer or a seller to be able to transact through the Site
- To register with and use the services of the Site you must be over eighteen (18) years of age and have the legal capacity to enter into legally binding contracts. By using the services on the site you warrant that you have the legal capacity to
- You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
- Your User Account will enable you to buy and sell the products on offer on the site.
- You can only hold one User Account, opened on your own behalf. You shall not act as an agent for another person or open a User Account on behalf of another person.
- To obtain a User Account you must provide us with the following information:
- Your full names
- Your personal, permanent, valid and active email address
- Your physical address from where you operate or where your shop is located (sellers) or where the goods will be delivered (buyers).
- When you register to use the Site you will be asked to create a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and or orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting us immediately (see below for contact details).
- We will not be liable for any losses, expenses or damages you suffer, or third party claims made against you, which arise from your having disclosed your username and/or password to a third party.
- If MyOrder has reason to believe that there is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend your account.
- MyOrder 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 Site, for any reason we in our sole discretion deem fit, including but not limited to breach of these terms and conditions, suspected fraudulent activities, security breach, misuse of the Services, failure to honour orders (sellers) or failure to take delivery of goods (buyers).
How it Works
- My order shall provide information of seller's goods/services on the Site. This information shall be by way of a catalogue that shall include a picture of goods on sale and prices. The catalogue will be displayed on our platform publicly for the purpose of facilitating the transactions only.
- The Price on the catalogue are the same as that on the Seller's current price list at any of the sellers’ outlets.
- All Prices are inclusive of VAT.
- All Prices are subject to change at any time and the seller shall inform us of any changes in prices as soon as possible to enable us up-date the catalogue.
- Communication: once an order is received from a buyer MyOrder shall notify the seller.
- The Seller warrants that the Goods will at the time of delivery correspond to the description given by the buyer.
- If the Seller is not able to service the order he/she shall inform us as soon as he/she receives the order and we shall inform the buyer accordingly.
- The seller is required to notify us when goods are out of stock or are no longer in stock to enable us up-date the catalogue accordingly.
- MyOrder shall not be liable to any Seller for any financial loss arising out of the refusal, cancellation or withdrawal of an order or inability or refusal of a buyer to pay for any reason.
- MyOrder is not the buyer of any goods and shall not accept any liability for activities of and or orders of the buyers.
- My order shall on the buyer placing an order forward the order to the seller on behalf of the buyer.
- On placing an order the total purchase price, including VAT will be displayed in the Buyer's shopping cart prior to confirming the order.
- The purchase price does not include delivery charges. Where goods are to be delivered to the buyer the delivery shall be charged separately.
- A buyer can only cancel an - order before confirmation by MyOrder after which the order shall be presumed confirmed.
- At all times acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and the buyer will be charged for his/her order.
- It is the Buyer's responsibility to check the current price before placing an order.
- The buyer’s order shall be serviced by the specific seller whose goods are ordered and where the buyer has opted for delivery shall be delivered to the address provided by the Buyer on ordering the goods. Please ensure that the address on your order is correct.
- Payment terms are cash on delivery.
- MyOrder shall not be liable to the buyer for any financial loss arising out of the refusal, cancellation or any failure or inability of a seller to deliver the goods to the buyer for any reason.
- Myoder is not a seller of any of the goods offered through the site and shall not accept any liability for any losses incurred as a result of any activities of the sellers or of any goods supplied by any seller.
Excluded Goods and Services
Certain goods or services are excluded from this Site. These include but are not limited to narcotics, indecent and obscene goods and any other goods whose sale is prohibited by the law and which MyOrder may from time to time exclude. Any such further exclusion will be notified to you through the Site.
- The content on the Site, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, etc ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Weza Tele, subject to copyright and other intellectual property rights under the law.
- Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Weza Tele.
- By submitting material you are granting Weza Tele a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
- You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
- You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that the website owner is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such information from third parties.
- You acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Site with respect thereto, and agree to indemnify and hold the Site and its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
- You undertake not to use or permit anyone else to use the Service or Site to send or receive any material which is distasteful, threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights.
- You shall not furnish false data including false names, addresses and contact details.
- You shall not resell the Site or the Services offered on the Site.
- You shall not send unsolicited mail messages, promotional, or informational announcements, political or religious messages, "junk mail" or advertising material to individuals to anyone UNLESS THEY REQUEST FOR such material. And even then an OPT-OUT option must be availed to such recipients.
- You shall not engage in any unlawful activity in connection with the use of the Site and/or the Service
- You shall not register an email address which is not your own personal email address nor use proxy IP addresses to hide the use of multiple User Accounts.
- any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
Availability of the Site
- Although MyOrder aims to offer you the best service possible, we make no promise that the services at the Site will meet your requirements. We cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services (see below for contact details) or by email firstname.lastname@example.org we will attempt to correct the fault as soon as we reasonably can.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Myoder will attempt to restore the service as soon as it reasonably can.
Limitation and Exclusion of Liability
- Although all care has been taken to ensure that the content provided through the Service is accurate the utilization of the Service is entirely at your own risk and you assume full responsibility for the risk of loss resulting from your use of the Service and your reliance on the material and information relayed through the Service or from the Site.
- We shall not be liable for any damage whatsoever whether direct, indirect, special, incidental, consequential or punitive ,arising from your use of the Site, or information relayed through the Site.
- Without derogating from the generality of the foregoing, MyOrder, its officers, employees, agents and or partners will not be liable to you for any losses arising from force majeure events.
- We shall not be liable for any loss arising from any acts or omissions of any third party service provider or any damage to your computer or loss of information from unwanted programs or material, Trojans, worms or viruses are transmitted to your computer as a consequence of using the Service.
- We provide no guarantee or warranty on the accuracy or reliability of the content or the fitness of purpose of the Service and any products and services provided by Sellers on our platform. We disclaim any liability arising from any loss resulting from use and or reliance on these products or services.
- Information, ideas and opinions expressed on this Site are our own andSHOULD NOTbe regarded as professional advice. You are well advised to seek professional advice as and of when you deem it necessary.
- The links provided on the Site are for your convenience. It is not an endorsement, authorization, sponsorship, or affiliation by us with respect to such site, its owners, or its products or services. We shall not accept responsibility for any losses arising from the use of links.
- We disclaim liability arising from the fraudulent actions of other parties including but not limited to Sellers and Buyers.
- You will be responsible for our losses and costs resulting from your breach of these terms and conditions.
Termination of Services
- We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions or if you are repeat offender.
- You can cancel this agreement at any time by informing us in writing and once you do so, you must stop using the Site.
Modification of the Terms and Conditions
- MyOrder reserves the right at all times to discontinue the Service at any time or to vary any of the Terms and Conditions set out herein as it deems necessary .You will be bound by such variation by continuing to use the Service.
- MyOrder shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, content, hours of availability and requirements for access or use.
- Please ensure to check the terms and conditions every now and familiarize yourself with any variations.
- This Site is availed to you on an opt-in Platform.
- You will receive communication on offers and promotions by MyOrder or any of its partners through various means including but not limited to telephone calls, SMS and email.
- Communication shall be controlled to ensure that no false advertising and that all information provided is accurate and not misleading.
- Telephone calls shall be made during normal working hours 8.00am-5.00pm.
- If you do not wish to receive any communication from us please write to us email@example.com
Registering yourself as a buyer or seller shall constitute a warranty that you are the owner of the email address used in the registration process and that all the details supplied are accurate. You agree to indemnify us, and any third party claiming against or through us, from any loss incurred in relation to breach of these warranties. Please note that your account details are confidential and should not be disclosed to other people.
In addition to the general restrictions above, the following restrictions and conditions shall apply.
You will indemnify MyOrder against all losses, liabilities, costs and expenses reasonably suffered or incurred by MyOrder, all damages awarded against MyOrder under any judgment by a court of competent jurisdiction and all settlements sums paid by MyOrder as a result of any settlement agreed by MyOrder arising out or in connection with:
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and MyOrder ignores this, MyOrder will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Any dispute between you and MyOrder shall first be resolved through Customer Service, if not resolved it shall be referred to a single arbitrator appointed by the chairman of the Chartered Institute of Arbitration, Kenya branch and shall be held in Nairobi. MyOrder shall not arbitrate any dispute between a buyer and seller and act as an agent of either buyer or seller in resolving any dispute between the buyer and the seller.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya and any disputes will be decided only by the Kenyan courts. If you choose to access this site from locations outside Kenya, you do so freely and are bound by the laws of Kenya.
To contact us please write to:
Address: George Padmore lane, Bishop Magua Centre 4th floor, Opp Uchumi Hyper Ngong road
P.O Box: 68999 - 00200
Phone number: 0719652241