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Terms & Conditions
These Terms and Conditions ("Terms") govern the use of the Verychalaant Platform
("Platform") by Users ("You"). By accessing or using the Platform, You agree to
comply with these Terms and all the other terms and conditions in various documents
and policies of the Company, including but without limitation, to the Data Protection &
Privacy Policy.
RECITALS
WHEREAS, Chaalant Limited (“Company”) operates an online platform (“Platform”)
providing an online platform for purchasers of , merchandise, goods, or services
WHEREAS, You wish to gain access to the Company’s Platform and avail the products
& services offered therein;
WHEREAS, the Company and You agree to enter into this agreement to outline the
terms and conditions governing Your use of the Platform;
WHEREAS, Payment Method means a current, valid, accepted method of payment, as
maybe updated from time to time, and which may include payment through Mpesa and Card Payments.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the Company and You agree as follows:
-
REGISTRATION DETAILS
1.1. You agree to provide accurate, current, and complete information during
the registration process and to update such information as necessary to keep
it accurate, current and complete. -
ACCOUNT SECURITY AND RESPONSIBILITY
2.1. You are responsible for maintaining the confidentiality of your credentials.
2.2. By allowing others to access your details, You agree that such individuals
are acting on your behalf and that You are bound by any such changes.
2.3. To help maintain control over your details and to prevent any unauthorized
users from accessing the details, You should maintain control over the
devices that are used to access the Platform and not reveal password or
details of the Payment Method to anyone.
3. AGE AND ELIGIBILITY REQUIREMENTS
3.1. By using the Platform, You affirm that you are 18 years or older to enter
into these Terms, or, if You are not, that you are 13 years or older and have
obtained parental or guardian consent to enter into these Terms.
4. PLATFORM USAGE
4.1. You agree not to engage in any activity that may:
a) Violate any applicable laws or regulations.
b) Infringe upon the rights of others.
c) Interfere with the operation or security of the Platform.
d) Use the Platform to distribute spam, viruses, or other harmful content.
5. PRICING & PAYMENT
5.1. The Platform facilitates the processing of Payment Transactions to
complete a payment for a purchase .The Service will store information from
Users, such as their Payment Instruments, and will process Payment
Transactions .We may delay payment processing of suspicious transactions
or transactions which may involve fraud, misconduct, or violate applicable
law, this Terms of Service for Buyers, or other applicable policies, as
determined in Verychalaant Limited sole and absolute discretion.
5.2. Prices do not include applicable taxes and possible transaction fees,
which will be added to your order total at checkout. You are responsible for
paying all taxes and other possible transaction fees associated with their
purchase.
5.3. Payments on the Platform can be made using different available payment
methods. The Company may use third-party payment processors to facilitate transactions, and your use of such processors is subject to their Terms and Conditions.
5.4. You can update your Payment Methods. You may also update your
Payment Methods using information provided by the payment service
providers. Following any update, you authorize the Company to continue to
charge the applicable Payment Method.
6. Product, Service Descriptions and deals.
6.1. You acknowledge that the Company makes every effort to accurately
describe the products available on the Platform. However, the Company does
not warrant that the products are error-free.
6.2. You agree that all products and deals are subject to availability. The
Company and its partners reserves the right to limit the quantity of Deals
available for redemption and to discontinue any Deals at any time without
prior notice.
6.3. You understand that certain Deals may have limitations or restrictions,
such as expiration dates, and agree to abide by such limitations.
7. CONTENT AND INTELLECTUAL PROPERTY
7.1. You retain ownership of any content you submit or upload to the Platform.
7.2. You grant the Company a non-exclusive, royalty-free, worldwide license
to use, reproduce, modify, adapt, publish, translate, and distribute such
content for the purpose of operating and promoting the Platform.
7.3. The Company respects the intellectual property rights of others and
expects You to do the same. You agree not to infringe upon the intellectual
property rights of third parties.
8. RESTRICTED CONTENT
8.1. You agree that the Company’s Platform strictly prohibits Content that
contain, promote, facilitate, sell or otherwise include:
a) misleading, deceptive, and/or unrealistic information or content;
b) surveys or inquiries requesting or involving a user’s personal information.
c) discrimination or encouragement of discrimination against people based on,
including but not limited to, age, color, disability, ethnicity, family status, gender
identity, genetic condition, medical, national origin, race, religion, sex, sexual
orientation; general discrimination, harassment, provocation, or disparagement of
people and/or users;
d) malware, spyware, or any malicious software that results in the spread of a digital
virus or other unwanted experience;
e) excessive profanity, violence, gore, symbols, graphics, numbers or letters that
create a negative or offensive experience for any user;
f) with misleading or deceptive promotional practices
g) gambling, lotteries, casino, sports books, poker, bingo or any other authorized or
unauthorized forms of gambling;
h) sale, use or glorification of illegal, recreational, or prescription pharmaceuticals;
i) sale or use of bodily Auids or parts;
j) illegal products, services or activities;
k) sale, use or glorification of weapons, ammunition, or explosives including related
accessories
9. PRIVACY AND DATA PROTECTION
9.1. The Company collects and processes personal information in accordance
with its Privacy Policy.
9.2. You consent to the collection, use, and disclosure of your personal
information as described in the Privacy Policy.
9.3. You are responsible for maintaining the confidentiality of your personal
information and for any consequences resulting from unauthorized access to
your details.
10. LICENSES THAT YOU GRANT US
10.1. Content Experience
In any part of the Platform, the Content that You access, including its
selection and placement, maybe influenced by commercial considerations,
including the Company’s agreements with third parties.
10.2. Your Device
You grant to the Company the right
(1) to allow the Platform to use your processor, bandwidth, and storage
hardware on your Device in order to facilitate the operation of the Platform,
(2) to provide advertising and other information to You, and
(3) to allow our business partners to do the same.
10.3. Feedback
If You provide ideas, suggestions, or other feedback in connection with their use
of the Platform or any Content ("Feedback"), such Feedback is not confidential
and maybe used by the Company without restriction and without payment to
you.
11. SERVICE LIMITATIONS AND MODIFICATIONS
The Company uses reasonable efforts to keep the Platform operational and to
provide You with a personalized, immersive experience. However, the Company
reserves the right to change its Platform’s offerings and its availability from time
to time, without notice or liability to You. For example:
a) The Platform may experience temporary interruptions due to technical
difficulties, maintenance or testing, or updates, including those required to
reflect changes in relevant laws and regulatory requirements.
b) The Company aims to evolve and improve the Platform constantly, and may
modify, suspend, or stop (permanently or temporarily) providing all or part of
the Platform (including particular functions, features, subscription plans, and
promotional offerings).
c) The Company has no obligation to provide any specific Deals through the
Platform, and the Company or the applicable owners may remove particular
Deals and other Content without notice.
12. THIRD-PARTY APPLICATIONS, DEVICES AND OPEN SOURCE SOFTWARE
The Platform maybe integrated with, or may otherwise interact with, third-party
applications, websites, and services ("Third-Party Applications") and third-party
personal computers, mobile handsets, tablets, wearable devices, and other
devices ("Devices"). Your use of such Third-Party Applications and Devices
maybe subject to additional terms, conditions, and policies provided to you by
the applicable third party. The Company does not guarantee that Third-Party
Applications and Devices will be compatible with the Platform.
13. TERMINATION
13.1. The Company reserves the right to suspend or terminate your access to
the Platform at any time and for any reason, without prior notice, in the event
that you are in violation of the terms and conditions contained herein and/or
the policies of the Company.
14. REFUNDS
Please review the Refund Policy carefully before making payment for good and
services offered in the platform. By proceeding with a payment, you acknowledge that you have read, understood, and agreed to the terms of the Refund Policy as published on the platform.
15. MODIFICATIONS TO TERMS
15.1. The Company reserves the right to modify or update these Terms at any
time without prior notice.
15.2. You are responsible for reviewing these Terms periodically for changes.
16. SEVERABILITY AND WAIVER
16.1. Unless as otherwise stated in these Terms, should any provision of these
Terms be held invalid or unenforceable for any reason or to any extent, the
remaining provisions of these Terms will not be affected, and the application
of that provision shall be enforced to the extent permitted by law.
16.2. Any failure by the Company or any third-party beneficiary to enforce these
Terms or any provision thereof shall not waive the Company’s or the
applicable third-party beneficiary's right to do so.
17. ASSIGNMENT
17.1 The Company may assign any or all of these Terms, and may assign or
delegate, in whole or in part, any of its rights or obligations under these
Terms.
18. GOVERNING LAW
18.1 These Terms shall be governed by and construed in accordance with the
laws of the Republic of Kenya.
18.2 Any disputes arising out of or relating to these Terms shall be subject to
the exclusive jurisdiction of the courts of the Republic of Kenya.
By accessing or using this Platform, You agree to be bound by these Terms
and Conditions. If you do not agree with these Terms, do not access or use
the Platform.
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