The present terms and conditions (hereinafter “Terms and Conditions”) regulate the legal relationship concluded between the trader Arynance Enterprises and the users of www.arynancemobile.co.ke trading platform in possession.
The present Terms and Conditions describe the terms and conditions applicable to your access and use of the web site. This document is a legally binding agreement between you as the user of the web site (referred to as “you”, “your” or “User” hereinafter) and Arynance Enterprises (referred to as Seller).
Please review the following basic rules that govern your use and access to the web site. Please also note that your use or access of the web site constitutes your unconditional agreement to follow and be bound by these Terms and Conditions, although you may “bookmark” a particular portion of this web site and thereby bypass this agreement.
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THIS WEB SITE.
Seller reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time, without prior notice, by updating this posting. Any posted changes are effective immediately and your continued use of Arynance Mobile contents and services constitutes your agreement that you’ve read these entire Terms and Conditions acceptance that you respect them in their entirety. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of this web site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, Arynance Mobile grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
- APPLICATION OF TERMS AND CONDITIONS
If Arynance Mobile has posted or provided a translation of the English language version of the Terms and Conditions, you agree that the translation is provided for convenience only and that the English language version will govern your use of the Site.
- THE USE OF THE SITE
By accepting these Terms and Conditions through your use or access of the Site, you represent that you are (a) a person with full legal capacity and able to form a legally binding contract, or in case you do not have a full legal capacity, that you received a consent from your parents or any other legal representative and therefor you are bound by these Terms and Conditions and (b) permitted to receive any products. If you do not agree to (or cannot comply with) this Section, do not use this Site.
All billing and registration information provided on the Site must be truthful and accurate. Each User shall be solely responsible for the information and content posted on the Site. Providing untruthful or inaccurate information constitutes a breach of these Terms and Conditions and the User is responsible for all damages caused to Arynance Mobile or to any other User or to any other third party.
All materials, including images, text, illustrations, designs, icons, photographs, programs and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site. The Contents on this Site may be used only as a purchasing resource. Any other use, including the reproduction (except as noted above), modification, distribution, transmission, republication, display, or performance, of the Contents on the Site, without prior written permission from Arynance Mobile, is strictly prohibited.
Arynance Mobile can stop the operation of the Site or its part any time, can change the Content of the Site or its parts without any prior notice. The Site does not have to be available all the time. Arynance Mobile has the right to maintain the Site and the User does not have any right for any compensation.
While accessing the Site, or using its services, you should not:
- Post or transmit false, inaccurate, misleading, defamatory, or libellous Content (including but not limited to during the registration process and in Arynance Mobile blog);
- Violate any laws, regulations, good manners, third party rights, this Terms and Conditions or our policies, such as third party’s intellectual property rights;
- Fail to deliver payment for the products and items purchased by you;
- Manipulate the billing process of Arynance Mobile, or fail to deliver the payment or fee owed to Arynance Mobile;
- Undermine the feedback or ratings systems;
- Distribute spam, bulk electronic communications, chain letters, or pyramid schemes on the Site;
- Distribute viruses or any other technologies that may harm Arynance Mobile and the Site, or the interests or property of other users;
- Use any automated means to access Site and collect any data from Site through automated means (included but not limited to harvesting bots, robots, spiders, scripts or other automatic devices or programs) or and you cannot use framing techniques to enclose any of the data or content to the Site or otherwise affect the Site.
- Otherwise incur any liability to the Site or Arynance Mobile.
Arynance Mobile reserves the right to limit, terminate and deny the right to use or access the Site of any User for any reason whatsoever, including, but not limited to, infringing any third party’s intellectual property right, breaching these Terms and Conditions, breaching the good manners, defame or affect or may affect the good name of Arynance Mobile in any means and/or incurring any liability to Arynance Mobile. Each User hereby also agrees that in no event shall Arynance Mobile be liable to any User or any third party for any User’s inability to use or access the Site.
- ACCOUNTS, PASSWORDS AND SECURITY
In order to make purchases on the Site may require you to open an account (including setting up a Arynance Mobile ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Arynance Mobile immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Arynance Mobile or any other user of or visitor to the Site due to someone else using your Arynance Mobile ID, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s Arynance Mobile ID, password or account at any time without the express permission and consent of the holder of that Arynance Mobile ID, password or account. Arynance Mobile cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Each User represents warrants and agrees that (a) such information, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information to keep it true, accurate, current and complete.
- REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property 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”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Arynance Mobile reserves the right (but not the obligation) to remove or edit any content.
In case that the User writes his own text or adds other Content to the Site he shall not violate or encourage violation of any laws, rights and / or legitimate interests of third parties; he cannot induce the activity in any way dangerous or life-threatening and / or health threatening; he cannot circumvent and / or be contrary to the rules of decency, and good manners; must not contain vulgar, violent, racist or other generally unacceptable content and not unduly interfere with the rights or legitimate interests of any third party.
Arynance Mobile reserves the right, without prior notice and without any refund of applications to eliminate the Content that even a marginally or partially does not fulfill the provisions set out in these Terms and Conditions, which may damage the good reputation of Arynance Mobile, its products and / or services and / or which publication and / or dissemination within the application could be compromised and / or violated Arynance Mobile imposed by law and / or contractual obligations, rights and / or legitimate interests. Arynance Mobile also reserves the right, without any compensation to request the removal of such posts that even a marginally or partially break the provisions set out in these Terms and Conditions, which may damage the good reputation of Arynance Mobile, its products and / or services and / or the publication and / or dissemination by could be at risk and / or violated Arynance Mobile imposed by law and / or contractual obligations, rights and / or legitimate interests.
You are fully responsible for all Content added to the Site for their compliance with laws, rights and legitimate interests of third parties and the provisions hereof. Arynance Mobile is not responsible for such Content.
- PURCHASING ON THE SITE
User agrees that all activities that occur under your Arynance Mobile ID (including, without limitation, clicking to accept any additional agreements or rules, subscribing to or making any payment for any products, sending e-mails using the latest e-mail account or sending SMS messages) will be deemed to have been authorized by you.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) purchased. You realize that any delay in the process of delivery payment may constitute a contract breach, and you shall be solely responsible for such breach.
Each User understands and accepts that the price listed for the product on the Site and/or the price paid for the product includes the commission due to Arynance Mobile. All prices include VAT. (where applicable) at the current valid rate. Arynance Mobile reserves the right to express the price including VAT.
Arynance Mobile has the right to correct the mistakes on the page, including the mistakes in the price. In case there was a mistake in writing in the price the Arynance Mobile cancels the order and notifies the cancellation to the User. In case the payment was already transferred by the User, Arynance Mobile returns the payment within 30 days. In this case the User has the right to place a new order on the Site.
Arynance Mobile reserves the rights to change its prices according to the law and business practice. The prices are basically in Kenyan Shilling (KSH). The price can be shown for information purposes in other currencies than KSH. MobileShop cannot be held responsible for any exchange rate fluctuation. The price in KSH is the price of the product; other currencies are only for the information of the User. Please pay attention to the details of the transaction, because your total price may include insurance, shipping costs and other expenses, which you are responsible for paying.
- TERMS OF PAYMENTS
When you confirm a transaction on the Site, you agree to be bound by and pay for that transaction.
- If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price.
- You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
- Even though we use terms like purchase, buy, sell, and order to talk about transactions related to Credits, you don’t receive an ownership interest in those items.
- In addition, any order whose amount exceeds certain amount set by Arynance Mobile, Arynance Mobile can request additional identification and evidence of delivery address by email or by other means. These security measures are a testament to our willingness to protect customers against potential fraud. Until the additional identification requirements are fulfill the Arynance Mobile does not have the duty to send the order. In case the condition of additional identification of the User is not fulfilled within next 15 days the Arynance Mobile is entitles to cancel the order. Terms of payments to Arynance Mobile are the following: (Unless special terms of payments are not made in writing)
- Bank transfer
- Payment through PesaPal
- COD (Cash on Delivery)
- Credit Card
- Mpesa Till Number
Not all payment methods are available for all products that are sold on our website.
The payment by credit card and cash on delivery are restricted to a certain total amount, so those might not be available for higher amounts.
The credit card option is available only from Kenya.
The payment on delivery can be complete only with cash, cannot be made by cheque.
If you choose Bank Transfer as your payment method, Arynance Mobile gives you unique payment instructions for your order. Once we receive the payment, which typically takes two to three business days from the time you place the order, the order is approved. If your payment takes more time than three business days, you are obliged to send as a proof of the payment so your order does not get cancelled for not providing the payment. Also the product can be sold out during the time between placing the order and receiving the payment by Arynance Mobile.
In case the payment (when choosing Bank transfer, PesaPal or Credit Card) is not at the bank account of the Arynance Mobile within next 5 days after placing the order, it means that the User cancelled the order and does not want anymore the order to be delivered.
The goods will be delivered within 30 days after the payment is received by Arynance Mobile or in case of choosing COD 30 days after the order was placed. Arynance Mobile is not responsible for delays of the transportation or for delays due to the not correct address of the User.
- LIST OF AVAILABLE PRODUCTS
Current list of available products on the Site is consistent with the quantitative status of our products in our warehouses.
Current warehouse availability for a particular product buyer will be able to check in the moment of placing an order (this will be the most recent information – quantities will be updated on daily basis).
For any changes or mistakes that can occur outside of our influence and knowledge, Arynance Mobile will not be considered responsible.
If it happens that the ordered product is not available in the moment when customer places his order, the customer will be informed of this by phone or email. If ordered product is still not available customer has the right to request cancelation of an order.
Arynance Mobile has the right to cancel the order in case when the goods are not any more at the warehouse.
8 .WARRANTY AND SERVICE AFTER PURCHASE
- Replacements of accessories (batteries, headphones, charger, cables, CDs, memory cards etc.).
- Damages and other consequences that can happen if the product is used inadequately and inappropriately. Clients are advised to take their time and read carefully the instructions for proper use of all products.
- If products are stored improperly, and not according to manufacturer instructions.
- Damages and other consequences that may come as a result of repairs or any other involvements from an unauthorized service centre.
- Damages and other consequences resulting from external influences (such as all kind of accidents or natural disasters).
- Damages of waterproof devices caused by submergence in salt or chlorinated water.
- Mechanical damages, damages caused by vis major, damages caused by not taking relevant care of the goods
- Damages which the customer was informed about before the delivery of the product
- Damages caused by using the product in unsuitable conditions
- Damages caused by water
- Damages caused by using an non-official supplements to the product, damages caused by non-professional assembly
Except where prohibited by law, in no event will Arynance Mobile be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Arynance Mobile has been advised of the possibility of such damages.
You agree to indemnify and hold Arynance Mobile, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Arynance Mobile by any third party due to or arising out of or in connection with your use of the Site.
12. VIOLATION OF THESE TERMS AND CONDITIONS
Arynance Mobile may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Arynance Mobile rights or property, or the rights or property of visitors to or users of the Site, including Arynance Mobile customers. Arynance Mobile reserves the right at all times to disclose any information that Arynance Mobile deems necessary to comply with any applicable law, regulation, legal process or governmental request. Arynance Mobile also may disclose your information when Arynance Mobile determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Arynance Mobile may preserve any transmittal or communication by you with Arynance Mobile through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Arynance Mobile determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms and Conditions, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Arynance Mobile, its employees, users of or visitors to the Site, and the public.
You agree that Arynance Mobile may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms and Conditions or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Arynance Mobile, for which monetary damages would be inadequate, and you consent to Arynance Mobile obtaining any injunctive or equitable relief that Arynance Mobile deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Arynance Mobile may have at law or in equity.
You agree that Arynance Mobile may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Arynance Mobile does take any legal action against you as a result of your violation of these Terms and Conditions, Arynance Mobile will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Arynance Mobile. You agree that Arynance Mobile will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms and Conditions.
13.AMENDMENT OF THE TERMS AND CONDITIONS
Arynance Mobile reserves the right to amend, delay, or to definitely terminate the service provided through the Site, and these Terms and Conditions at any time, and furthermore to change or delete the contents of the Site at any time without prior notification.
14.GOVERNING LAW, MISCELLANEOUS
These Terms and Conditions shall be interpreted and performed in accordance with Kenyan law. The competent courts of Kenya shall have exclusive jurisdiction for any dispute arising in connection with these Terms and Conditions. Should any part or provision of these Terms and Conditions be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. The present Terms and Conditions are written in English languages. These Terms and Conditions constitute the only terms between Arynance Mobile and the customers and the relationship between them shall only be regulated by these terms. The present Terms and Conditions supersede any and all prior or contemporaneous agreements, representations, warranties and understandings. To the extent that anything in or associated with the content of the Site is in conflict or inconsistent with these Terms and Conditions, the Terms and Conditions shall take precedence, unless prohibited by law. The headings of Sections and subsections of these Terms and Conditions are only for convenience of reference and are not intended to affect the interpretation or construction of any provision of these Terms and Conditions. If Arynance Mobile fails to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of its right to enforce such provision.