Terms & Conditions of Service

These terms of service (“Terms”) constitute a legal agreement between you and Oakwood Business Group Limited. Please read these Terms carefully.  If you do not agree to these Terms, please do not access, install or use our Website, App or Services (each as defined in the next paragraph).

Oakwood Business Group Limited (“Company”) herein referred to as Oakwood, owns and operates the Kinywaji Brand and its related website; www.kinywaji.com

As part of this website, Oakwood provides wholesale and retail sale of alcoholic drinks, non-alcoholic drinks and other complementary services. By accessing or using our website (www.kinywaji.com ) and any subdomains of our website (“The Site”), or accessing, installing or using the “Kinywaji.com” mobile application (“App”), or using or receiving the Website, App and any services supplied to you by Kinywaji.com (collectively, “Services”), you represent to us that you are legally competent to enter into and agree to these Terms.

For avoidance of doubt, all references to ‘you &/or your’ means you and ‘we, us or our’ means Oakwood Business Group Limited of P.O. Box 1206 – 00100 Nairobi, Kenya and the ‘the site’ means www.kinywaji.com

THE SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE 18 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE SERVICES BY ANYONE UNDER 18 YEARS OF AGE IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS. BY USING THE APP OR THE SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

If you do not fall within the legal age for alcohol consumption, or having read and for any reason do not agree with or cannot abide by these Terms and Conditions, including our privacy policy, please exit this site and/or app immediately.

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products and/or services through the Services.

Rights

All rights in all content including but not limited to copy, images, software (including code, interface and website structure) and the design, look and feel, and format of ‘the site’ are owned by us. You agree that you are permitted to use material and/or content only as set out in these Terms and Conditions. No other use is permitted without express authorisation by us in writing and, where given, you agree not to, in part or full, copy, transmit, distribute, exploit commercially, amend, translate, share with or make available to any other person any such material or content or create derivative works of such material or content.

Intellectual Property

We are the sole owners and/or authorised users of all trademarks, service marks, design marks, patents, copyrights, database rights, image rights for photographs contained on ‘the site’ and all other intellectual property appearing on or contained within ‘the site’ including but not limited to the page design and layout and the source code. Except where provided for under these Terms and Conditions, use of ‘the site’ does not grant any right, title, interest or license to you of any such intellectual property and any use or reproduction of the intellectual property is prohibited.

Copying

You are welcome to print hard copies of material from ‘the site’ solely for your lawful, personal and non-commercial use. All other copying in whatever form, whether electronic, hard copy or any other format or use for commercial purposes without our prior written consent, is prohibited. All other rights are reserved.

No photography, imagery, text, source code or any other material shown on the website (kinywaji.com) may be used in any circumstances for commercial purposes, nor may any of our material herein be altered, cropped, transformed, built upon, or in any other way changed or reproduced, whether from our own websites or copied from third party websites in breach of this condition themselves or otherwise redistributed without our prior written permission.

You may not engage in any price scraping or price harvesting in respect of products on ‘the site’ without our prior written consent.

Terms of Use relating to “the site”

You must not misuse ‘the site’ by knowingly introducing viruses, Trojans, worms, logic bombs or any other material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to ‘the site’, the server on which ‘the site’ is stored or any server, computer or database connected to ‘the site’. You must not attack ‘the site’ in any way whatsoever, including via a denial of service attack or a distributed denial of service attack.

By breaching this provision you would be committing a criminal offence and we will report all such breaches 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 ‘the site’ will cease immediately.

You may link to the home page of ‘the site’ provided that you do so in a way that is fair and legal and does not damage or take advantage of our reputation or establish a link in such a way that suggests any form of association, approval or endorsement on our part where none exists.

‘The site’ must not be framed on any other website nor may you create a link to any part of ‘the site’ other than the homepage. We reserve the right to withdraw linking permission at any time without notice or reason.

Terms of use relating to Public Forums

‘The site’ may contain a number of active services or links to similar such services collectively termed ‘Public Forums’ which may allow you to post, transmit or submit information. While all submitted content is reviewed prior to posting, we take no responsibility for the accuracy of any information posted on ‘the site’ nor do we accept liability for any loss or damage suffered by you by whatever means as a result of use or disclosure of such material.

Through use of ‘the site’, you acknowledge and agree that all material(s) submitted does not infringe any other persons intellectual property rights and is not vulgar, obscene, defamatory, offensive, malicious, discriminatory or unlawful in anyway and that you grant us a royalty-free, worldwide exclusive and perpetual right and licence to use and reproduce such material in any way, in whole or part, for any purpose by whatever means.

Third-party Websites

You acknowledge and agree that we are not responsible for any content of any third-party websites or material you may access through ‘the site’.

We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material. You acknowledge and agree that we are not responsible or liable either directly or indirectly for any damages, loss or costs incurred in connection with your use of or reliance of any such content, advertising, products or services on or available from such websites.

Any dealings between you and any third-party advertisers or merchants found on or via ‘the site’ including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings are made between you and the relevant advertiser or merchant. Consequently, we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

Your responsibility

It is your responsibility to verify all information set out on ‘the site’ with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from ‘the site’ and to ensure the compatibility of such software with your equipment.

No Liability

Unless where expressly provision for in law we disclaim all liability for any loss, cost or damage (incurred directly, indirectly, consequentially or otherwise) suffered by you as a result of your use of ‘the site’ including but not limited to computer viruses or distributed denial of service attack transmitted through ‘the site’ or from third-party sites accessed through ‘the site’ whether such loss, cost or damage arises from our negligence or otherwise whether or not we expressly informed of the possibility of such loss or damage.

Indemnity

If you are a business user, you agree to indemnify us immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of ‘the site’.

Termination

We reserve the right immediately to suspend or terminate your use of ‘the site’ if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.

We may also remove ‘the site’ as a whole or any sections or features of ‘the site’ at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms and Conditions.

Identity Verification

To ensure that your credit, debit or charge card is not being used without your consent and you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions, you consent to such checks being made.

In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy which is in conformity with Global and EU Data Protection requirements.

Product Condition, Availability and Pricing

We endeavour to ensure the accuracy of the information on ‘the site’. Should a product be unavailable, we will endeavour to inform you of this promptly. Prices and specifications can change without notice and products are subject to availability.

Please note that product images on the website are intended for illustrative purposes only and may not be exact representations of the item in stock, particularly for brands that continually change their products and/or re-brand. Please also be aware that batch numbers, vintages and bottling dates may be subject to change. If this happens, we will do our best to inform you before the item is delivered/shipped.

Please be aware that where a product displayed on the website states ‘Web-Exclusive Price’, this means that the price quoted on the website is valid only for online orders and may differ from the item price for physical sales at our physical outlet.

Please note that with older bottlings, the cork/closure may have deteriorated, so care should be taken when opening. As such, we cannot guarantee the condition of a bottle’s closure and the item is sold as described.

From time to time, we may feature promotions or offers on ‘the site’. Each offer shall be subject to its own express terms and may not be available in all jurisdictions.

All special-offer prices and discounts shown on the website are inclusive of statutory Kenya Value Added Tax (VAT) at 16%.

Any non-Kenya Shilling prices displayed on the website using the site’s multiple currency feature are subject to constantly changing exchange-rate fluctuations, and as such may differ from one day to the next.

With engraved bottles and personalised labels, we reserve the right to cancel orders and refund payment for any messages or slogans we feel to be inappropriate.

Privacy

We take steps to protect your privacy and comply with all applicable Kenya data protection legislation in place at the time of your use of ‘the site’ in respect of any personal information relating to you gathered by us.

The data we collect from you is used solely for the purpose of fulfilling your order or sending you emails and the Kinywaji newsletter. You may be asked to input information about yourself on different pages of ‘the site’. We will never disclose your personal information to any other parties without your consent except as set out in our Privacy Policy or to verify your identification as above. Your credit card information is not retained and is completely removed from our system after your order is processed or cancelled. You have every right to know what information has been held in our system.

Customs and Import Duties

Alcohol products sold at Kinywaji.com are subject to Kenya taxation. Oakwood operates kinywaji.com under a liquor wholesale on-license and does not therefore import any of the products available on the site. All products are sourced from local distributors who have already been subjected to the relevant vetting and who have paid customs and import duties for their products. This clause is therefore not applicable to Oakwood and its site.

Entire Agreement

These Terms and Conditions, including our Privacy Policy, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision under these Terms and Conditions is found in law to be unenforceable all other provisions of these Terms and Conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.

Law and Jurisdiction

These Terms and Conditions, including the Privacy Policy and any matter relating to ‘the site’ shall be governed by Kenya law in particular the Liquor Licensing Act in relation to minimum legal age.

Any legal proceeding arising out of or relating to these Terms and Conditions against or relating to us or any indemnified party under these Terms and Conditions will be subject to the exclusive jurisdiction of the Kenyan courts and you irrevocably consent to the jurisdiction of such courts.

How to Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by email at sales@kinywaji.com

LAST UPDATED: 13th May, 2019

© 2019 Oakwood Business Group Limited.

All Rights Reserved.

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