PRIVACY POLICY
The Privacy Policy governs the collection, use and disclosure of information gathered on or through the Site, including, but not limited to, the information you provide while accessing and using the Site. By using the Site you agree to have such information handled pursuant to the terms of our Privacy Policy.
YOUR REPRESENTATIONS
By using the Site you warrant and represent that you:
• are at least 18 years of age;
• will conduct yourself in a polite, courteous and respectful manner;
• will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• will not infringe on the intellectual property rights of others;
• will not interfere or attempt to interfere with the proper working of the Site;
• will not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site;
Without limiting our remedies, we may limit, suspend or terminate the use of and access to our Site to any User whom we believe (in our sole discretion) is creating problems or possible legal liabilities, including, without limitation, those Users who we believe are violating the warranties and representations of this section.
YOUR WARRANTIES
Sellers. Sellers are solely responsible for the descriptions of the Items, as well as any statements concerning the value, characteristics, quality, authenticity, condition, title or other information about the Items. We have not seen or evaluated the Items being offered for sale on our Site, or confirmed the accuracy or reliability of statements made with respect to any Items offered for sale. All inquiries relating to Items offered for sale on our Site should be directed to the Seller of such Items and a Buyer should resolve all questions and concerns prior to purchasing an Item. We do not act as an agent for either the Seller or the Buyer in the transactions that take place via the Site and we shall have no liability for or with respect to any acts or omissions of either the Seller or the Buyer in such transactions.
Submitted Content. You are entirely responsible for any Content that you contribute to the Site (“Submitted Content”). In addition, by posting Submitted Content to the Site, you represent and warrant that (i) you own all right, title and interest in and to the Submitted Content, or you have the necessary licenses, approvals and permissions to use the Submitted Content and to post it on our Site and to grant us the license described above, and (ii) the Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use. The Submitted Content shall not, nor shall Submitted Content provide a link or reference to content that:
• misrepresent(s) you or any third party’s identity, affiliation or connection with a person or entity;
• imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;
• contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
• promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;
• is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
• contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing excessive violence, nudity, obscenity, sexual explicitness, or harassing content;
• contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
• contain(s) advertising or solicitation of any kind
We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, in our sole discretion.
Reporting Violations of these Terms of Use
If you became aware of activities, Content or Submitted Content that violates these Terms of Use you should notify us immediately. Although Careluxe MedTech Ltd is under no obligation to act and we do not guarantee any action based on such information, we will do our best to respond to reported violations in a fair and timely manner.
Termination
We may, in our sole discretion, at any time and without prior notice, terminate your use of the Site or terminate your rights under these Terms of Use for any or no reason. We may also, in our sole discretion discontinue providing the Site with or without notice.
WARRANTY AND LIABILITY DISCLAIMER
The information and services included on the Site may include inaccuracies or typographical errors. All information provided on our Site in provided “as is.” We expressly disclaim all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement in connection with the Site and the Content.
Without limitation to the foregoing, we do not warrant that: (a) there will be no interference with your enjoyment of the Site; (b) the Site will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate; (c) the Site will be timely, secure or error free; (e) any errors in content will be corrected; (f) any item offered for sale and sold in a sale on the Site or any content on the Site is lawful, appropriate or available for sale, purchase or use in any particular location; or (g) other products or services displayed or referenced on the Site are available for use in a particular location.
We shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the Site, even if we have been advised of the possibility of such damages. In no event shall our liability for any damages (direct or otherwise) or penalties or loss, regardless of the form of action or claim, whether in contract, tort (including negligence), or otherwise of any type exceed the total of any membership fee, license fee or other similar fees paid by you to us for access to the content, item, product or service which is the subject of a claim.
Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOU SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification
You agree to defend, indemnify and hold harmless Careluxe MedTech Ltd and Careluxe MedTech Ltd ’ affiliates, officers, directors, predecessors, successors in interest, shareholders, employees, and agents for all claims, losses, costs and liabilities, including, without limitation, reasonable attorneys’ fees, that arise from or are related to your use of the Site or your violation of these Terms of Use.
CHOICE OF LAW / FORUM
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site, will be governed by and construed in accordance with the laws of the Kenya, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Site or related services, shall be subject to the exclusive jurisdiction of state of Kenya, and you hereby consent and submit to the personal jurisdiction of such courts.
SEVERABILITY
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and Careluxe MedTech Ltd relating to your use of the Site and related services, superseding any other agreement between you and Careluxe MedTech Ltd with respect to the subject matter of these Terms of Use.
HEADINGS
Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
Contact Us
For making a claim of copyright infringement please use the contact information in the contact page.
For all other issues or questions please use the following contact information: