Welcome to Hadia Africa (“we,” “our,” or “us”). By accessing or using our website, services, platform, or any content provided by Hadia Africa (collectively, the “Platform”), you agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully. If you do not agree with any part of these Terms, you must not use the Platform.
USE OF PLATFORM
You agree to use the Platform only for lawful purposes and in a way that does not infringe upon the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Platform. You must not misuse our Platform by knowingly introducing viruses or other harmful material.
ACCOUNT REGISTRATION
To access certain features of the Platform, you may be required to register an account. You agree to provide accurate and complete information when creating your account and to keep your login credentials confidential.
FEES AND PAYMENT
We do charge a subscription fee for registrants but not for gift givers and well wishers. Some features of our Platform may require payment of fees. By using such features, you agree to pay the applicable fees. All payments are non-refundable unless otherwise stated. We reserve the right to change our fees at any time upon notice.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
EXTERNAL SITES
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
INTELLECTUAL PROPERTY
All content and materials on the Platform, including but not limited to text, graphics, logos, icons, images, and software, are the property of Hadia Africa or its licensors and are protected by copyright, trademark, and other intellectual property laws.
PRIVACY
Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
INDEMNIFICATION
You agree to defend, indemnify, and hold the Hadia Africa Parties harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Platform, Content and/or the Services; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; (iv) your Member Content; and/or (v) any claims brought against any Hadia Africa Party by a Third Party Partner as a result of your acts or omissions. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Platform and the Services are based in Kenya. We make no claims concerning whether the Platform, the Services, and the Content may be viewed, or be appropriate for use outside of Kenya. If you access the Platform, the Services, or the Content from outside of Kenya, you do so at your own risk. Whether inside or outside of Kenya, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Platform and/or the Services, at any time and for any reason without prior notice or liability. You may terminate your account at any time by following the instructions in your account settings. We reserve the right to change, suspend, or discontinue all or any part of the Platform and/or the Services at any time without prior notice or liability.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
CONTROLLING LAW
This Agreement and any action related thereto will be governed by the laws of the Republic of Kenya without regard to its conflict of laws provisions.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide us with notice including: (i) a description of the copyrighted work that has been infringed; (ii) the location on the Platform of the allegedly infringing material; (iii) your contact details; (iv) a good faith statement of unauthorized use; (v) a statement under penalty of perjury that the information is accurate and you have authority to act; (vi) your signature. We will respond promptly to valid claims.
BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Kenyan Arbitration Act. If arbitration is chosen, it shall be final and binding, and no party shall have the right to litigate in court or have a jury trial except in small claims court. Arbitration may limit discovery and appeal rights. The process will be conducted in Kenya through a recognized arbitration body, and both parties agree to share costs equally.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) no class actions are permitted; (iii) no representative actions are permitted. YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY.
MISCELLANEOUS
If this Agreement is terminated, the following provisions shall remain effective: “Fees and Payment,” “Intellectual Property,” “Indemnification,” “Termination,” “Controlling Law,” “Arbitration,” “Class Action Waiver,” and “Miscellaneous.” Failure to enforce a provision shall not be a waiver. This Agreement is the entire agreement between you and Hadia Africa and supersedes all prior agreements. Headings are for reference only. This Agreement shall benefit our successors and assigns.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of this Terms and Conditions at any time on our website. We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates to our website. It is your responsibility to check our website periodically. Continued use of the Platform after any updates constitutes your acceptance.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@hadiaafrica.com
RETURN POLICY
Hadia Africa does not directly sell products. Any returns, refunds, or exchanges are governed by the policies of the retailer or vendor from whom the product was purchased. We are happy to support you in understanding their guidelines or facilitate communication when needed. Please contact us at support@hadiaafrica.com if you need help.
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