Terms & Condition and Privacy
Welcome to Kilimall International Limited (hereinafter referred to as “Kilimall”), Kilimall provides website features and other products and services to you when you visit or shop at Kilimall website, use Kilimall products or services, use Kilimall mobile applications, or use the software provided by Kilimall in connection with any of the foregoing (collectively, "Kilimall Services").
1. ACCEPTANCE OF TERMS
1.1. By accessing the Kilimall website & Kilimall applications, you confirm your understanding of the Terms and Conditions & Privacy Policies (hereinafter referred to as “this Agreement”). If you do not agree to this Agreement, you shall not use Kilimall Services. By completing the registration process, and clicking on the "I agree with the Terms and Conditions & Privacy Policies ", you agree to be bound by this Agreement and this Agreement takes effect.
1.2. The Kilimall Services provides a place and opportunity for the sale of goods between the seller and the user. The actual sales contract is directly between the seller and the user and Kilimall is not a party to that or any other contract between the seller and the user and accepts no obligations in connection with any such contract. The seller and the user to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase, and the like.
1.3. Kilimall shall have the right to change, upgrade, modify, limit or suspend service or its related feature. Please focus on the announcement on its own, without prior notice. Kilimall shall have the right to further introduce new features, applications, or other services.
1.4. This Agreement is intended for Kenyan users only.
2.1. You may need your Kilimall account to use certain Kilimall Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem with the payment method you are selected, alternative payment methods are also available for you to complete payment. You are responsible for maintaining the confidentiality of your account and password and for restricting others to have access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
2.2. When you complete the registration process or use any of the Kilimall Services, you confirm that you have reached the legal age and have full legal capacity, and can independently bear legal responsibility. All responsibility will be borne by you and your guardian in case that you have no legal capacity and cause losses.
2.3. Users should be honest about Kilimall registration information. Users agree to provide the true, accurate, complete, legal, and effective registered information and any change of user registration information should be timely updated. If any user registration information is illegal, untrue, inaccurate, not exhaustive, the user must bear the corresponding responsibility and consequences, and Kilimall reserves the right to terminate this Agreement.
2.4. Your information shall not be an infringement or alleged infringement of others' legitimate rights and interests. In case of infringement, Kilimall shall have the right to cancel your account. and Kilimall reserves the right to pursue responsibility.
2.5. You should be careful and reasonable to store and use your user name and password, login by your user name and password on the implementation of responsible behavior. Unless there is a law or judicial decision to the contrary and has the permission of the Kilimall, otherwise, the user name and password cannot in any manner be transferred, given as gifts, or inherited (except property rights related to the account).
2.6. Users cannot share registration account information with others or save the account information on other’s devices, otherwise, the consequences will be borne by the users themselves, and are jointly and severally liable with the actual user.
2.7. If you are underage, as per the law of Kenya, you shall use the Kilimall Services only with the consent of a parent or guardian. Some products such as alcohol and sex products listings on Kilimall are intended for adults only, and you must be of the legal age to purchase. You must also satisfy all other relevant requirements according to the applicable laws and regulations. Kilimall reserves the right to refuse service, terminate accounts, terminate your rights to use Kilimall Services, remove or edit content, or cancel orders at its sole discretion.
2.8 If you decide to close your account, you can do so by accessing the Kilimall App and navigating to the Account section. From there, select Account Security and follow the instructions to close your account. Please note that once your account is closed, all remaining balances, vouchers, and order information will be permanently deleted.
3. PRIVACY AND AUTHORIZATION
3.1. Your privacy is very important to us at Kilimall. Kilimall will keep strictly confidential of users’ information and activities on website and application, such as browsing, shopping, placing orders, and sharing printing, which involves the user's real name/contact name, address, telephone, email, and other private information. Unless authorized by users or otherwise provided in this Agreement or by law, Kilimall will not disclose to the outside world of user privacy information.
3.2. Kilimall may contact you using autodialed or prerecorded calls or text messages or emails to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a potential dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to provide services in connection with your account or enforce this Agreement, our policies, applicable law, or any other agreement we may have with you. Kilimall may also contact you using autodialed or prerecorded calls or text messages or emails for marketing purposes (e.g., offers and promotions) if you consent to such communications.
3.3. Kilimall may share your telephone number and email with its authorized service providers. These service providers may contact you using autodialed or prerecorded calls or text messages or emails, only as authorized by Kilimall to carry out the purposes identified above.
3.4. You have the right to request for deletion of any of your private information by writing an email to firstname.lastname@example.org or call our help center 0792233051. We will respond to such emails and calls in Kenya working days during normal office hours.
3.5. If you find any illegal use which may endanger the safety of your account or any improper use of your private information you must immediately notify, in a useful way for Kilimall to suspend relevant services and to report to the public security organization. Please understand that Kilimall needs a reasonable period of time to take certain measures and that Kilimall is not responsible for any of your losses unless such illegal or improper use is due to Kilimall’s fault and Kilimall refuses to remedy such illegal or improper use after receiving a written notice from your side.
4. Intellectual Property
4.1. Copyright & Trademark
4.1.1.All content included in or made available through any Kilimall Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, etc is the property of Kilimall or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Kilimall Service is the exclusive property of Kilimall and protected by international copyright laws.
4.1.2.Kilimall is the only owner of all rights or legal licensee allowed to provide the Kilimall Services, which reflects the commercial secrets and intellectual property rights protected by relevant laws. All title, ownership, and intellectual property in relation to the Kilimall Services are hereby reserved by Kilimall and/or its affiliates.
4.1.3.The trademarks of “Kili” and “Kilimall” and relevant logos, icons, trade names, domain names and other marks (no matter registered or not) (hereinafter collectively the “Marks”) belong to Kilimall and/or its affiliates, and are subject to the legal protection of copyright, trademark rights, and other intellectual property rights. Unauthorized reproduction, modification, use, or publishing of the Marks is strictly prohibited.
4.1.4.In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Kilimall Services are trademarks or trade dress of Kilimall in Kenya and other countries. Kilimall's trademarks and trade dress may not be used in connection with any product or service that is not Kilimall's, in any manner that is likely to confuse customers, or in any manner that disparages or discredits Kilimall. All other trademarks not owned by Kilimall that appear in any Kilimall Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kilimall.
4.2. License and Access
Subject to your compliance with this Agreement and any other requirements under the relevant laws and regulations, and your payment of any applicable fees, Kilimall or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Kilimall Services. This license does not include any resale or commercial use of any Kilimall Services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Kilimall Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by Kilimall or its licensors, suppliers, publishers, rightsholders, or other content providers. No Kilimall Services, nor any part of any Kilimall Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kilimall. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kilimall without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kilimall's name or trademarks without the express written consent of Kilimall. You may not misuse the Kilimall Services. You may use the Kilimall Services only as permitted by law. The licenses granted by Kilimall will terminate if you do not comply with any provision of this Agreement or the relevant laws and regulations.
4.3. Intellectual Property Release
4.3.1.Any person engaging Kilimall during any of its activities, such as competitions, award prize sessions, any events, among others resulting in their photograph being taken or such a person shares a photo of themselves with Kilimall, such a person gives Kilimall an unlimited, non-exclusive right to use the image or motion pictures for Kilimall's activities. Kilimall will have the unlimited, non-exclusive right to use the image rights, and any accompanying rights without being faulted or being termed to be in breach of any direct or incidental intellectual property, intellectual property right, or data rights belonging to the person on the image, or personality rights, or at no point will Kilimall be deemed to have defamed such a person by way of use or failure to use the image.
4.3.2.A person issuing such a right holds Kilimall harmless for any claim brought against Kilimall and will indemnify Kilimall for any type of costs or damages it incurs for being authorized to use the photographs, and whereby such a person did not have the authority to issue the permission issued herein.
5. MEDICINAL SUBSTANCES
5.1. Kilimall International Limited (Company) does not present or intend to present itself as a pharmaceutical organization. However, the Company acknowledges that there are numerous risks if its platform is not well utilized as per the laws of the Republic of Kenya.
5.2. This subclause is applicable towards any person that is regulated or engages in any products that are regulated by the Pharmacy and Poisons Board (PPB). Kilimall International Limited (Company) requires that any person (whether it is a natural person, incorporated, unincorporated or howsoever structured) regulated or engaging in any product that is regulated by the PPB will have to comply with the regulatory framework in Kenya prior to utilizing the Company’s platform to be enrolled on the platform, list, market or sale any of the products it has at its disposal.
5.3. The Company’s platform shall not be used in listing, marketing, or selling of all products regulated and approved by the PPB. The Company will only allow a seller, upon complying with the Company’s checklist or any additional requirements, to list, market or sale General Medicinal Substances as approved by the PPB.
5.4. The Company reserves the right to suspend a seller’s account if such a seller is not in compliance with the provisions of the laws of the Republic of Kenya. Further, any violation will result in having the seller’s or intended seller’s personal and business information, among other details, being forwarded to PPB or any government body, such information shall be shared, and the Company will not be deemed to be in breach of whatsoever regulatory framework.
5.5. You will hold the Company harmless in all aspects and should the Company be charged for any offense or sued or require suing, the Company will substitute its name with your name. Failure to substitute does not mean the Company has or intends to accept liability.
6. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
6.1. You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kilimall reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
6.2. If you do post content or submit material, and unless we indicate otherwise, you grant Kilimall a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kilimall and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kilimall for all claims resulting from content you supply. Kilimall has the right but not the obligation to monitor and edit or remove any activity or content. Kilimall takes no responsibility and assumes no liability for any content posted by you or any third party.
6.3. If you post product comments or share the content, it shall be deemed that the user is willing to make the comments public and shall be responsible for the comments, even if the comments are made public on off-site platforms (including but not limited to search engines) through non-platform active exposure. If you do post content in a non-anonymous way, it is because you are willing to disclose non-sensitive contact information such as mobile phone number and other personal information other than email, such as name or nickname.
7. RETURNS, REFUNDS
7.1. Users may apply for goods return and refund under certain conditions for the following items.
7.1.1.Product description does not match;
7.1.2.the wrong goods;
7.1.4.Parts or missing products (PART RECEIPT OF ORDER);
7.1.6.At our discretion, a refund may be issued without requiring a return. In this situation, Kilimall does not require the item to be returned.
7.2. Without limiting the generality of the foregoing, Kilimall does not accept returns for the following items:
7.2.1.products not purchased from Kilimall (order serial numbers does not match);
7.2.2.products that exceed the expiry date (exceed warranty period);
7.2.3.unauthorized repair, misuse, collision, negligence, abuse, into the liquid, accident, alteration, product quality problems caused by improper installation, or torn, altered labels of machine serial number or anti-counterfeiting mark;
7.2.4.the warranty card does not match the product and was altered;
7.2.5.underwear, adult product, or anything similar products;
7.2.6.global order for non-defective products or right product;
7.2.7.items missing the accessories or without free gift;
7.3. For more information about our returns and refunds, please see our After-sales Return Policy.
8. PRODUCT DESCRIPTIONS
8.1. Kilimall attempts to be as accurate as possible. However, Kilimall does not warrant that product description or other content of any Kilimall Services is accurate, complete, reliable, current, or error-free.
8.2. Users understand that it's the responsibility of sellers to describe the products accurately and properly, and if a product is not as described, your sole remedy is applying for the return of the items which are in unused condition.
9.1. "List Price" means the suggested retail price of a product as provided by sellers. We regularly check List Prices against prices recently found on Kilimall and other sellers, but Kilimall does not assume any responsibility for the reasonableness and legitimacy of such List Prices.
9.2. With respect to items as listed on Kilimall’s website or applications, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the price of an item as listed is greatly higher than the market price, we may shelf off the item at our discretion. If you find that the price of the same product is inconsistent, it is probably because the product is supplied by different merchants or sellers.
10.1. Kilimall doesn't collect payment from customers directly, and such services may be provided by other companies such as Safaricom (M-Pesa) and LipaPay (Card payment/ other mobile money collection). For more payment information, please refer to "Payments Information and Guidelines". Users shall make payment in accordance with such guidelines when they use Kilimall Services.
10.2. Users can request invoices or receipts or relevant vouchers from the sellers they purchase products and third-party payment agencies if such agencies charge fees. Kilimall does not charge any fees and is not responsible for issuing any invoices or receipts or relevant vouchers.
10.3. Users should ensure that the payment information is accurate, and users are responsible for maintaining the confidentiality of payment account and password.
10.4. Kilimall has never entrusted any third party to purchase products and collect money for such purpose. Users can only purchase products through official channels and pay through official payment methods. Kilimall does not assume any responsibility for losses incurred during purchases and payments through other unofficial channels.
10.5. For more information about payment, please see our Payments Information and Guidelines.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
11.1. The Kilimall Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Kilimall Services are provided by Kilimall on an "as is" and "as available" basis unless otherwise specified in writing. Kilimall makes no representations or warranties of any kind, express or implied, as to the operation of the Kilimall services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Kilimall Services unless otherwise specified in writing. You expressly agree that your use of Kilimall Services is at your sole risk.
11.2. To the full extent permissible by law, Kilimall disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kilimall does not warrant that the Kilimall Services, information, content, materials, products (including software), or other services included on or otherwise made available to you through the Kilimall Services, Kilimall's servers or electronic communications sent from Kilimall are free of viruses or other harmful components. To the full extent permissible by law, Kilimall will not be liable for any damages of any kind arising from the use of any Kilimall Services, or any information, content, materials, products (including software), or other services included on or otherwise made available to you through any Kilimall Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages unless otherwise specified in writing.
12.1. In the event a problem arises in a transaction, the user and the seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Kilimall may use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Kilimall may intervene to resolve any dispute arising from a transaction that has been carried out via Kilimall after-sale applications.
12.2. Users covenant and agree that they will not bring a suit or otherwise assert any claim against Kilimall or any of its affiliates (except where Kilimall or its affiliates is the seller of the product that the claim relates to) in relation to any transaction made on the Kilimall website and/or applications or any dispute related to such transaction.
12.3. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of Kenya. Each party irrevocably agrees that the courts of Kenya shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
13. TRANSACTIONS BETWEEN USERS AND SELLERS
13.1. When shopping on this Kilimall website and/or application, users require caution confirming the name of the purchased goods, price, quantity, type, specification, size, etc. When you place an order, please verify purchase quantity, price, and payment, the consignee, contact information, shipping address, etc. If the registration information you provide is not legitimate, untrue, inaccurate, not exhaustive, users must therefore take the corresponding responsibility and consequences, and Kilimall reserves the right to terminate the user use of Kilimall Services.
13.2. The order information auto-generated is based on the content of user’s order information and the automatically generated data, contract only effects after user paid order successfully. All purchases of physical items from Kilimall’s website and applications are made under a sales contract between user & seller and a shipment contract between user & carrier. This means that the risk of loss and title for such items passes according to the sales contract and shipment contract, and Kilimall may provide the information of the seller if necessary and upon request.
13.3. You understand and agree that, if you buy goods, you have the right to cancel the order on condition that the seller’s approval is obtained before the order dispatch. If the purchased goods are out of stock, you will get a refund accordingly with no further compensation.
13.4. When the order takes effect, the risk of delivery of the goods will be transferred to the seller or the third-party logistics carrier KiliExpress, the seller will deliver the goods to the logistics provider or the logistics provider will send the goods to your specified shipping address. You understand this Kilimall website and application provides prompt delivery time for reference only, the actual delivery will be slightly different from the reference of time. If the order is lost or damaged on the way, you will get a refund accordingly. For delivery failed orders, KiliExpress will save for 30 days. If orders remain unclaimed over 30 days, Kilimall has the right to dispose of these orders. In case of force majeure or other justified reasons lead to delivery delay, we ask for your understanding.
13.5. For more information about our order cancellation, please see our Order cancellation and Refund Policy
14. LIMITATION OF LIABILITY
14.1. You understand and accept that Kilimall shall not bear the liability for compensation of any damage caused by the following any situation, including but not limited to, profits, goodwill, use, data loss, or other intangible loss of damages; third-party use of your account or change your data without our consent; your misunderstanding on Kilimall Services; any other loss associated with Kilimall Service due to no willful fault of Kilimall.
14.2. Kilimall is not liable, due to the legal provisions of force majeure, normal maintenance of the equipment of information network, information network connection failure, computer, communications or other system failures, power failures, labor dispute, the productivity and production data is insufficient, the judicial administrative organs of the command or the inaction of a third party caused the Kilimall Services to be unavailable or delayed, and the data information and records were lost, but Kilimall will assist in dealing with related matters.
14.3. Kilimall takes no responsibility and assumes no liability for any loss or damages to users arising from shipping information and/or payment information entered by users or wrong remittance by users in connection with the payment for the items purchased.
14.4. If we are found to be liable, our liability to you or any third party shall in no case be more than the value of the goods (less freight, customs and duties, and other taxes or charges if any) purchased via Kilimall’s website or applications.
15. YOUR REPRESENTATIONS AND WARRANTIES
15.1. You represent and warrant that: i) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into this Agreement and to comply with its terms; and (ii) you will use the Kilimall Services for lawful purposes only and in accordance with this Agreement and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
15.2. If the user violates this Agreement or violates the law and regulations, including but not limited to the use of hacking techniques (or other technical methods) for-profit and the use of the wallet (Kilimall Account) withdrawal function to defraud, Kilimall can cancel the account, freeze money in the account and reserve the right to pursue liability, including but not limited to reporting to relevant departments and requesting compensation for any losses.
16. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by, construed, and enforced in accordance with the laws of the Republic of Kenya. All disputes, controversies or differences that may arise between the parties, out of or in connection with this Agreement, or for the breach thereof, shall be finally settled by the Courts of the Republic of Kenya. The forum shall be in Kenya.
17.1. This Agreement shall include all policies and rules as may be published and amended on Kilimall’s website or applications, including but not limited to the After-sales Return Policy and the Payments Information and Guidelines.
17.2. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
17.3. Kilimall reserves the unilateral right to modify this Agreement at any time by posting the revised agreement on its website or by other means of notification. Your continued access to Kilimall’s website or use of Kilimall Services after such changes have been posted or notified shall constitute your acceptance of such revised agreement.
17.4. If you have any questions or concerns or suggestions about this Agreement and any issues raised in this Agreement and Kilimall Services, please contacts us at the following address.
Kilimall International Limited,
Office 18-Athi 55, Mombasa Road, Athi River
P.O. Box 42925 - 00100 Nairobi