Welcome to SaharaKenya.com. Sahara Zion Kenya Trading Limited its subsidiaries, brands and affiliated entities (collectively, “Sahara,” “we,” or “us”) provide website features and other products and services to you when you visit or shop at saharakenya.com, use Sahara products or services, use Sahara applications for mobile, or use software provided by Sahara in connection with any of the foregoing (collectively, “Sahara Services”). Sahara provides the Sahara Services subject to the following conditions.
By using Sahara Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Sahara Services, and sometimes additional terms may apply. When you use an Sahara Service (for example, Your Profile, Gift Cards, Sahara Video, Your Media Library, Sahara devices, or Sahara applications) you also will be subject to the guidelines, terms and agreements applicable to that Sahara Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Sahara Services, to understand our practices.
When you use Sahara Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Sahara Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Sahara Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Sahara or its content suppliers and protected by Kenya and International Copyright laws. The compilation of all content included in or made available through any Sahara Service is the exclusive property of Sahara and protected by Kenya and International Copyright laws.
The graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Sahara Service are trademarks or trade dress of Sahara in the Kenya and other countries. Sahara’s trademarks and trade dress may not be used in connection with any product or service that is not Sahara’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sahara. All other trademarks not owned by Sahara that appear in any Sahara Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sahara.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Sahara 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 Sahara Services. This license does not include any resale or commercial use of any Sahara Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Sahara Service 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 these Conditions of Use or any Service Terms are reserved and retained by Sahara or its licensors, suppliers, publishers, rightsholders, or other content providers. No Sahara Service, nor any part of any Sahara Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sahara. 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 Sahara without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sahara’s name or trademarks without the express written consent of Sahara. You may not misuse the Sahara Services. You may use the Sahara Services only as permitted by law. The licenses granted by Sahara terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Sahara account to use certain Sahara Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit the “My Account” page to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Sahara does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Sahara Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Sahara Household. Sahara reserves the right to refuse service, terminate accounts, terminate your rights to use Sahara Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
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. Sahara reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Sahara 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 Sahara 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 Sahara for all claims resulting from content you supply. Sahara has the right but not the obligation to monitor and edit or remove any activity or content. Sahara takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Sahara respects the intellectual property of others. If you believe that your intellectual property rights have been infringed, please submit all types of intellectual property claims in written form including, but not limited to, copyright, trademark, and patent claims to the address below.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Company SecretarySahara Kenya P.O. Box 50441-00100Nairobi, Kenyae-mail: email@example.com
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
RISK OF LOSS
All purchases of physical items from Sahara are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Sahara does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Sahara does not take title to the refunded item. For more information about our returns and refunds, please see our Shipping, Returns & Cancellations Policy .
Sahara attempts to be as accurate as possible. However, Sahara does not warrant that product descriptions or other content of any Sahara Service is accurate, complete, reliable, current, or error-free. If a product offered by Sahara itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Sahara and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Sahara.
With respect to items sold by Sahara, 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 correct price of an item sold by Sahara is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other vendors/merchants may follow different policies in the event of a mispriced item.
When you use apps created by Sahara, such as the Sahara Kenya App or Sahara Express App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Sahara Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Sahara Services.
OTHER BUSINESSES (“VENDORS”)
Parties other than Sahara, herein referred to as “Vendors” or “Merchants” operate stores, provide services or software, or sell product lines through the Sahara Services. In addition, we provide links to the sites of affiliated companies and certain other vendor businesses. If you purchase any of the products or services offered by these vendors (businesses or individuals), you are purchasing directly from those third parties, not from Sahara. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Sahara does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SAHARA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAHARA SERVICES ARE PROVIDED BY SAHARA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SAHARA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAHARA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAHARA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SAHARA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SAHARA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SAHARA DOES NOT WARRANT THAT THE SAHARA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SAHARA SERVICES, SAHARA’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SAHARA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SAHARA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SAHARA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SAHARA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Sahara Service, or to any products or services sold or distributed by Sahara or through Sahara.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Kenya Arbitration Act and arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Sahara Service, you agree that the Kenya Arbitration Act, applicable commercial law, and the laws of the Republic of Kenya, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Sahara.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Sahara Zion Kenya Trading Limited.P.O. Box 50441 – 00100Nairobi, Kenya