Terms and Conditions

/Terms and Conditions
Terms and Conditions2019-03-29T12:53:29+03:00

Our Terms and Conditions

All rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the”Agreement”.

These terms of use (including any documents referred to in them) together with the privacy policy available at www.imaginecare.co.ke/privacy-policy-cookies-policy tell you the terms on which you may make use of our website www.imaginecare.co.ke (the Site) and/or our mobile application (the App), whether as a guest or a registered user, and the connection service that we provide through them (collectively, Imagine Care Platform).

Please read these terms of use carefully before you start to make any use of the Imagine Care Platform, as they will apply to your use of it. By using the Imagine Care Platform, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use the Imagine Care Platform.

By using the Imagine Care Platform, you represent and warrant that: (i) you are at least 18 years old and are otherwise capable of entering into binding contracts and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

Terms and Conditions of Use
Use of the Site

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.

We grant you a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for such things as: shopping for hygiene items sold on the site, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.

Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process, you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

User Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”) will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review Imagine Care and your purchase and c) promotional emails, SMS and push notifications from Imagine Care. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email Customer Service via .

Information Available on Website

You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
We make no representations as to the merchantability of any products listed on our website, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose. We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.

Accessibility of Website

Our aim is to ensure accessibility to the website at all times, however we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.

Links and Thirds Party Websites

We may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.

Intellectual Property

Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Data Protection

Any personal information collected in relation to the use of this website will be held and used in accordant with our Privacy Policy, which is available on our Site.

Indemnity

You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.

Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue. Jumia Kenya is operated by Ecart Services Kenya Ltd. a subsidiary owned by AIH General Merchandise Kenya UG & Co. KG a Africa Internet Holding GmbH entity (“we”), a company registered in Germany..

Arbitration

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of Jade E Services in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

Severability

If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.

Miscellanuous Provisions

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.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.

Terms and Conditions of Sale
General

You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase.
These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.

Formation of Contract

Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.

Acceptance of Electronic Documents

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.

Payment and Pricing

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
Feel free to check our payments methods here.

Use of Voucher Codes

Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site. Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site.
Our voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.

Liability of Parties on the Jumia Marketplace

We also operate a marketplace which is open for third-parties to sell their products on our website. None of the products listed on the Jumia Marketplace are owned or sold by us, neither are we involved in the actual sale transaction between the buyers and sellers on the Jumia Marketplace.
The buyer and seller agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on the Jumia Marketplace.

Delivery

This Site is only for delivery of products to customers within Kenya. We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

Return Policy

Our Return Policy is as contained in the document titled “Return Policy” on our Site. Check it here.

Indemnity

You agree to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.

Applicable Law and Jurisdiction

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue. Jumia Kenya is operated by Ecart Services Kenya Ltd. a subsidiary owned by AIH General Merchandise Kenya UG & Co. KG a Africa Internet Holding GmbH entity (“we”), a company registered in Germany.

Arbitration

Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.

Severability

If any portion of these Terms or Conditions of Sale is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Sale and shall not affect the validity or enforceability of any other section listed in this document.

Miscellaneous Provisions

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.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Sale to any third party.

Notice of Copyright Infringement

If you have any complaints with respect to the infringement of your copyright, kindly write to the following address:
Who? Where?
Where you believe that your intellectual property has been infringed upon on our website, please notify us by email it to (insert physical address and email address for copyright complaints). We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the purposes of the complaint.
  • A proper description of the copyrighted work claimed to have been infringed.
  • A description of the location of the infringing material on our Website.
  • The address, telephone number or e-mail address of the complaining party.
  • A statement made by the complaining party that he has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or by law.
  • A statement deposed to under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Jumia that your copyrighted material has been infringed.

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1. PRICING AND PAYMENT
When you first request the services of Imagine Care Platform, you will be asked to provide us with valid personal details and pay a booking fee of Ksh. 200 through a mobile money network like MPESA for the services you request.

The service fee is collected immediately after service delivery through a mobile money network like MPESA and a receipt is then issued.

To the extent applicable, all fees are inclusive of VAT at the prevailing rate.

Interest will be charged on amounts overdue for payment at the rate of 2% until paid calculated daily.

Imagine Care Platform may send the outstanding balance to a debt collection agency if payment is not received within 24 hours from the date of service. In the event legal action is necessary to collect money due, Imagine Care Platform shall be entitled to recover from the client all reasonable costs of collection, including reasonable attorney’s fees and expenses, in addition to the outstanding balance due.

2. LIMITATIONS OF LIABILITY
In no event shall Imagine Care, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any

access to or use of the website or any services offered by any service professionals via the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect

errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content
any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
(iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party
any interruption or cessation of transmission to or from the website
any errors or omissions in any data, content, information, materials or substance of the website or submitted content
any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website
any defamatory, offensive, or illegal conduct of any third party or service user or service professional or
any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Imagine Care is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
In no event shall the total, aggregate liability of Imagine Care, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Imagine Care by you hereunder.

You hereby acknowledge and agree that Imagine Care shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that Imagine Care shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website. The website may contain links to third-party websites that are not owned or controlled by Imagine Care. Imagine Care does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Imagine Care will not and cannot censor or edit the content of any third- party site. By using the website, you expressly relieve Imagine Care from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website.

3. ASSIGNMENT.
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments:

– to a parent or subsidiary,

– to an acquirer of assets, or

– to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.

4. Force Majeure .
Without prejudice to their rights under the Contract neither Party shall be held responsible nor be liable to pay any form of compensation to the other should its performance herein be delayed or prevented by circumstances of Force Majeure. Such circumstances shall include but not be limited to lockout, strike out, mutiny, civil commotion, terrorist activity, accident, governmental action, act of God, reasonable control of which the Parties were not aware at the time of signature of the contract nor responsible for at the time of the commencement herein and which the Parties could not have foreseen and guarded against.
In the event of Force Majeure as defined above, either party shall notify the other party in writing within fourteen (14) days of its first occurring, and should it continue for a period exceeding fourteen days (14 ) days from the date of such notification either Party shall be entitled to determine the Contract by notice in writing.
The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

5. APPLICABLE LAW
These terms of use, their subject matter and formation are governed by Kenyan law. If you are a consumer, the courts of Kenya will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use. If you are a business, you and we each agree that the courts of Kenya will have exclusive jurisdiction over any claim arising from, or related to, these terms of use. Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

  • Mode Of Payment: Payments to the Contractor shall be made by cheque addressed to IMAGINE CARE(delivered to it’s offices) or Mpesa Till no. 810164 or electronic money transfer to the Contractor’s Bank Account ( Imagine Care, 1003611988, Kenyatta Avenue, NIC ). Imagine Care does not accept cash payments. 

 

  • Non Payment And Default: The Contractor may terminate this agreement and send the outstanding balance to a debt collection agency if payment is not received within seven days (7) from the date payment is due. Interest will be charged on amounts overdue for payment at the rate of 2% until paid calculated daily. In the event legal action is necessary to collect money due, the contractor shall be entitled to recover from the Company all reasonable costs of collection, including reasonable attorney fees and expenses, in addition to the outstanding balance due.

 

  • Safety: It is important that Eton Hotel follows the safety instructions provided by the Contractor’s designated personnel concerning pesticides and other safety instructions relevant to the Services.

 

  • Confidentiality and Nondisclosure: Neither party shall disclose any information and/or facts pertaining to this Agreement to any third party that may be brought to its knowledge either inadvertently or knowingly during the course of performance of this Agreement.

 

  • Status Of The Contractor’s Employees: For the purposes of and during the continuance of the Contract, nothing in the contract shall establish the relation of master and servant as between the Company and the Contractor’s employees.
     
  • Operation Of The Contract: The parties recognize that it is impractical in this Contract to provide for every contingency which may arise during the life of the Contract, and the parties hereby agree that it is their intention that this Contract shall operate fairly as between them, and without detriment to the interests of either of them, and that, if during the time of this Contract, either party believes that this Contract is operating unfairly, the parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but no failure to agree on any action pursuant to this Clause shall give rise to a dispute.

 

  • Termination: The Agreement shall terminate and/or automatically renew for a further Three year Term. Prior to expiry of the term, either Party may terminate this Agreement by giving a thirty (30) day notice of intention to do so to the other party. Termination of the Agreement by either party shall not affect rights and obligation that will have accrued as at the date of termination.

 

  • Notices: Any notice, request or consent required or permitted to be given or made pursuant to this Agreement shall be made in writing or email and shall be considered to be delivered when given in person to an authorized representative of the Party to whom the communication is addressed.

 

  • Additional Service Visits: In the unlikely event that Eton Hotel  is unable to locally control a pest breakout independently before our scheduled visit dates; Eton Hotel  can immediately notify the Contractor who will offer additional services to address the issue at no extra charge. Additional services will only be delivered during normal business hours and for Pests covered by this Agreement.

 

  • Service Effectiveness: The Contractor will deliver its services in a competent and professional manner taking into account these terms. The ongoing effectiveness of the pest control services provided depends on the Company implementing Contractor’s recommended hygiene and property maintenance procedures. Pest treatment will also be rendered ineffective by disturbing treated areas, building alterations, renovations and introducing materials to the property that encourage pest activity.

 

  • Access: The Company will provide the Contractor with full access to those areas of the premises required to perform the Service Plan at agreed times. The Company will provide access to any water or electricity required to perform the Services. The Contractor’s personnel will show identification to the Company upon request and comply with all reasonable requests while present at the premises.

 

  • Liability: The Service is provided for the benefit of the Company only. The Contractor accepts no responsibility whether in contract, tort or otherwise, including in relation to negligence, to any third party as a result of the provision of the Services or any report provided in relation to the Plan. To the extent permitted by law, Contractor’s total aggregate liability to the Company under or in relation to this Agreement and the Plan (including in contract, negligence, tort or any common law or statutory right) is limited, at the Contractor’s option, to the resupply of the Service or the cost of resupply of the Service.

 

  • Limits Of Liability: The Company understands that the Contractor’s liability under this Agreement is limited to providing pest control services only and in no way, implied or otherwise, is the Contractor liable for personal injuries or damage to persons, property, birds, animals, vegetation or any other damages whatsoever, including consequential and incidental damages, arising from this service.  
  • Force Majeure : Without prejudice to their rights under the Contract neither Party shall be held responsible nor be liable to pay any form of compensation to the other should its performance herein be delayed or prevented by circumstances of Force Majeure. Such circumstances shall include but not be limited to lockout, strike out, mutiny, civil commotion, terrorist activity, accident, governmental action, act of God, reasonable control of which the Parties were not aware at the time of signature of the contract nor responsible for at the time of the commencement herein and which the Parties could not have foreseen and guarded against.
    In the event of Force Majeure as defined above, either party shall notify the other party in writing within fourteen (14) days of its first occurring, and should if it continues for a period exceeding fourteen (14 ) days from the date of such notification either Party shall be entitled to determine the Contract by notice in writing. The Parties shall take all reasonable measures to minimize the consequences of any event of Force Majeure.

 

  • Variation and Waiver: No variation and/or waiver in the terms of the Agreement shall apply hereto unless such variation and/or waiver shall have first been expressly accepted in writing both by Eton Hotel  and by the Contractor. Further, the Parties agree that no act or waiver by either Party shall be construed as a release of the other from their obligations under the Agreement unless done in accordance with this Clause.

 

  • Damage to Utilities: Delivery of the Services and Articles requires handling equipment and various tools, Eton Hotel  will be responsible for giving directions and relevant instructions to the Contractor’s designated personnel. The Contractor will exercise due care in performing its services but Eton Hotel  will be liable for any damage caused by any such services unless caused by the negligence of the Contractor’s designated personnel.

Arbitration: Any disputes, claims, or controversies between the parties with respect to any matter or thing arising out of or relating to this Agreement shall be referred to the arbitration of two persons, one to be appointed by Eton Hotel  and one by the Contractor. The two arbitrators shall thereafter appoint the third Arbitrator. Arbitration shall be held in Nairobi and in accordance with the provisions of the Arbitration Act and the Arbitration Rules

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