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Terms & Conditions

PROVAPE GROUP TERMS AND CONDITIONS OF WEBSITE USE AND SALE OF PRODUCTS
 


INTRODUCTION

Welcome to our Website. Please take the time to specifically read these terms and conditions and our Privacy Policy, which govern your use of our Website (including the purchase of PROVAPE GROUP Kenya Products through the Website).

By accessing and using the www.pro-vape.co.ke website you accept these terms and conditions and Privacy Policy in full. These terms and conditions will apply to any contract between us for the sale of PROVAPE GROUP Kenya Products. Upon placing an order, you signify that you have read these terms and conditions and agree to be bound by them and comply with them in full. If for any reason you do not agree to be bound by these terms and conditions you must not use our Website and can contact us for more information. PROVAPE GROUP Kenya reserves the right to amend these terms and conditions at any time without prior notification to customers. Every time you wish to order PROVAPE GROUP Kenya Products, please check these terms and conditions to ensure you understand the terms which will apply at that time.

You should print a copy of these terms and conditions for future reference. They, and any contract between us, are only available in the English language. We will not file a copy of any contract between us.

ELIGIBILITY

You represent that you are an adult of the age of 18 years or older and are agreeing to and accepting these terms and conditions. Otherwise, you are prohibited from accessing and using this Website and any of its functions, products or services, including the purchase of PROVAPE GROUP Kenya Products.

PRIVACY

PROVAPE GROUP Kenya is committed to protecting your privacy. Please read our Privacy Policy for full information on how our business gathers, discloses, uses, processes and manages your personal data.

LICENSE TO USE WEBSITE

Unless it is otherwise noted or stated, we and/or our licensors: (i) own and operate the Website; and (ii) own the intellectual property rights in and to the Website and all the material contained on the Website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same). The rights in the Website and the content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors' rights and database right laws. All rights are reserved.

Pages from the Website can be viewed and printed for personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not:

re-publish the content or material from this Website in any form;

sell, rent or sub-license material from this Website;

copy, duplicate, reproduce or exploit material from our Website for any commercial purposes;

edit or modify any material from this Website; or

re-distribute any material from this Website.

Our status (and that of any identified contributors) as the authors of content and materials on our Website must always be acknowledged.

ACCEPTABLE USE

When using and accessing our Website you shall not cause damage, or deny or prohibit accessibility to the Website in any way that is unlawful or illegal. Any instance of fraudulent or harmful behaviour is strictly prohibited. Using and accessing our Website in order to copy, store, host, transmit, send, use, publish or distribute material that could be considered damaging to computer software is prohibited in all forms. You may not conduct or perform any systematic or automated data collections in relation to our Website. Unsolicited transmission of commercial communications by you is prohibited.

YOUR PROVAPE GROUP Kenya ACCOUNT

It is your sole responsibility to ensure that your User ID and password for your PROVAPE GROUP Kenya account are kept confidential. You must not disclose these details to any third parties. You agree to and are bound by these terms and conditions which cover any activity that is performed under your PROVAPE GROUP Kenya account.

If we suspect or have any evidence of misuse of your account, it is within PROVAPE GROUP KENYA’S discretion to reserve the right to refuse to service your account and we may terminate your account, your use of our Website and cancel your order(s) at any time without notice or explanation. In the event of an order cancellation initiated by PROVAPE GROUP Kenya, any sums already paid by you will be promptly refunded to the payment method used to place your order.

USER GENERATED CONTENT

Should you submit any written material, images, videos, communications or any other content to our Website (“Content”) for any purpose you shall do so in accordance with these terms and conditions. You will ensure that any such Content complies with these standards. You will be responsible for any loss or damage we suffer as a result of your breach of this section.

We will not be responsible or liable to any third party for the content or accuracy of any Content submitted, posted or uploaded by you or any other user of our Website.

We have the right to remove any Content from our Website if, in our sole opinion, the Content does not comply with our acceptable use terms or any other terms set out in these terms and conditions.

OUR CONTRACT WITH YOU

When you submit an order to us by clicking the “CHECKOUT” button on the checkout page, this does not mean we have accepted your order for the PROVAPE GROUP Kenya Product. Our acceptance of the order will take place as described below. If we are unable to supply you with the PROVAPE GROUP Kenya Product, we will inform you of this and we will not process your order, and will not take payment.

The terms and conditions for sale of our PROVAPE GROUP Kenya Products will become binding on you and us when you are issued with a dispatch confirmation email which is your confirmation that we are able to provide you with the PROVAPE GROUP Kenya Products, at which point a contract will come into existence between you and us.

We shall assign an order number to your order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.

LIMITATION OF LIABILITY FOR PROVAPE GROUP Kenya PRODUCTS

If, in providing the PROVAPE GROUP Kenya Products to you, we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Website.

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Kenyan law.

BREACHES OF TERMS AND CONDITIONS

If you breach our terms and conditions in any way, we have the right to undergo or take action as deemed appropriate and at any time may deny you access to our Website by necessary means and/or bring court proceedings and legal action against you. Our terms and conditions are for the benefit of you and us but are not intended to benefit third party associations or be enforceable by any third party. PROVAPE GROUP Kenya may suspend or terminate a member's account at any time and immediately if we believe there has been fraudulent activity on our Website.

NO RELIANCE ON INFORMATION

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

The images of the PROVAPE GROUP Kenya Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the PROVAPE GROUP Kenya Products. Your PROVAPE GROUP Kenya Products may vary slightly from those images.

The packaging of the PROVAPE GROUP Kenya Products may vary from that shown on images on our Website.

LIABILITY FOR THE WEBSITE

PROVAPE GROUP Kenya does not warrant or guarantee the accuracy or completeness of all or any information published on the Website. We also do not warrant or guarantee that the Website will remain available at all times or that content is kept up to date or that it will be secure or free from bugs or viruses. To the absolute maximum permitted under applicable law, PROVAPE GROUP Kenya excludes all representations, warranties, conditions or other terms (express or implied) that relate to or may apply to the Website and the use of our Website.

We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be responsible for any loss or damage that may arise from your use of them.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it. We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.

We do not in any way exclude or limit our liability for:

    (a) death or personal injury caused by our negligence;
   (b) fraud or fraudulent misrepresentation; and
   (c) any other liability which cannot be limited by law.

Different limitations and exclusions of liability will apply to liability arising as a result of our supply of the PROVAPE GROUP Kenya Products to you.

Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

RESPONSIBILITY FOR YOUR OWN PRODUCT USE

You hereby take full responsibility for the use of your PROVAPE GROUP Kenya Product. The PROVAPE GROUP Kenya cartridges contain nicotine and propylene glycol. Propylene glycol is a water-based natural compound found in many health products, foods and medicines.

You should consult a doctor before using PROVAPE GROUP Kenya Products. PROVAPE GROUP Kenya is not to be used by persons under the age of 18, pregnant or breast-feeding women or persons in ill health. PROVAPE GROUP Kenya electronic cigarettes contain nicotine, which is an addictive drug. If you are unsure of the effects of nicotine, please consult your doctor.

Any PROVAPE GROUP KENYA Product purchased from the Website or via an authorised re-seller of PROVAPE GROUP KENYA Products are for individual use only. PROVAPE GROUP KENYA does not authorise re-selling of PROVAPE GROUP KENYA Products in any other store or website without our prior express consent under contract. Individuals who are found to be re-selling PROVAPE GROUP KENYA Products without such consent may have legal proceedings brought against them.

APPLICABLE LAW

Please note that these terms and conditions (and any document referred to in these terms and conditions), their subject matter and formation, are governed by Kenya law. This means a contract for the purchase of PROVAPE GROUP Kenya Products through our Website and any dispute or claim arising out of or in connection with it will be governed by Kenyan law.

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