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We want you to be completely happy with your Afrocakery order so if any product arrives incorrect, damaged or faulty then please contact us right away (within 3 days at most) and we’ll do everything we can to help. The faster you contact us the faster we can help find a solution. DAMAGED, FAULTY OR INCORRECT ITEMS Under the Sale of Goods Act, Afrocakery are happy to replace or refund any damaged, faulty or incorrectly supplied item right away. We may require a photo of any damages so that we can claim with the couriers. On some occasions the item may need to be returned to us so that we can identify the root problem and return faulty items to the manufacturer. Where this is necessary, Afrocakery will reimburse your reasonable return delivery costs up to correctly calculated 1st class post if arranged with us in advance. Items returned without first arranging with us are done so at your own risk and cost. In some cases, it may not be safe or possible to send a replacement (e.g. outsized cake boards / boxes would almost certainly not arrive intact if posted on their own) so we would refund in full for the incorrect item. Where you opt for a refund instead of a replacement, we will happily refund the amount you paid for the item(s). Additional charges paid at the time of ordering (e.g. Express delivery charge or other services such as MPESA charges/Bank charges) are not refundable. We understand that there will be times when a replacement is required urgently and we will do everything we can to help. However, for an item to be replaced, we must be in possession of the item to be replaced. RETURNS The Consumer Rights Act 2015 and Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 provide additional protection for customers who are ordering goods at a distance and who do not have the opportunity to inspect these goods in person prior to ordering. Afrocakery sells well-known, brand-named goods from the industry's biggest names and we assume that most customers will be familiar with these brands and products. Afrocakery also recognize that not every customer will be familiar with goods in this way and we accept that customers have the right to EXAMINE goods on delivery and can decide to return them. However, we stress the word examine which excludes trying or using an item or even removing most items from their retail packaging. Afrocakery does not supply goods "on approval". Where a customer buys two or more items with the intention of choosing which to keep, we are happy to refund the price of the returned item only - any shipping costs will be understood to apply to the item(s) the customer has decided to keep and will not be refunded. WHAT ADDITIONAL RIGHTS DO I HAVE? Once your order arrives, you have a 3 calendar day 'cooling off' period, during which time you can examine and decide to return items from the order that are not as you expected them to be, excluding edible, food-contact and some other items outlined above. You must contact us within this three-day period to let us know you wish to exercise your rights under the regulations, and then return the order within 3 calendar days of contacting us. This is explained in more detail below. WHAT IS AFROCAKERY REQUIRED TO DO? We must give you certain information prior to conclusion of the contract - including who we are, where we are located, how you can contact us, accurate product information, prices (including all taxes), delivery timescales, your right to cancel and other information like that - basically, accurate and honest information to help you make an informed choice about your purchase. We believe we have done all this but please let us know where you feel we can improve information. The contract is formed when you place an order. CAN I CANCEL AN ORDER BEFORE IT HAS BEEN SHIPPED? Yes, you can cancel your order at any point prior to it being shipped and we will refund the full cost paid, including any shipping costs but less any charges that may be incurred to process the refund. The only exception is where the order includes a special order / customized / personalized item which is already being manufactured / supplied, in which case that item / those items cannot be cancelled. Your cancellation rights end as soon as we begin work on any personalized, customized, made-to-order or specially sourced / ordered / non-stock items as identified on the website. Please remember that orders can be shipped almost immediately, so we cannot guarantee that you will be able to cancel an order before it has been shipped. Our Customer Service team can only deal with emails during office hours, so it's perfectly possible that your order may have been shipped before one of our Customer Service team is able to respond to your request. Simply sending an email stating that you wish to cancel is not enough - we must receive the email and have a reasonable chance to respond during business hours. Include 'CANCEL MY ORDER' in the subject title of your email. HOW DO I ARRANGE TO RETURN AN ORDER? You must email us to inform us of your intention to cancel under the regulations, within 3 calendar days of receipt and you will receive an acknowledgement as soon as we have received your message. If you do not receive an acknowledgement within 24 hours this simply means we haven't received your email. Please note that under the regulations, simply sending the message is not sufficient; you must actually 'make contact'. You then must return the order to us within 3 calendar days from the point of making contact. If you return an order (or refuse delivery of an order) before first making contact with Afrocakery, then please be aware that, under the Regulations, this is not understood to be you exercising your rights to cancel and that the order remains your responsibility, and that any subsequent delivery and/or return costs cannot be refunded. Please think of it as you sending the order to us via the courier in question - should the order be subsequently damaged or lost then the responsibility is yours, not ours, so we cannot refund unless it is received by us in acceptable condition CAN I RETURN ANY ITEM I'VE ORDERED FROM AFROCAKERY? This is a very important area and we'd ask you note our explanation carefully. Some products are exempt from return under the Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations; these include any items which are personalized or customized - which we interpret as including special order / made-to-order items ordered specifically for you. Perishable goods are also exempt from return. 'Perishable goods' covers edible products. Included in the list of exceptions are "goods that by reason of their nature cannot be returned". Afrocakery interpret this to include goods where food safety and hygiene is a consideration (in much the same way as items like ear-rings and underwear are exempt from the regulations), although some may disagree with our interpretation. To avoid any future disagreement we respectfully ask that you do not order from us unless you accept our position on food safety and hygiene. Afrocakery take food safety extremely seriously. We will never, ever, re-sell any edible item which has been returned by a customer, nor will we re-sell cake boards, boxes or other items designed to come in to contact with food. The reason is simple: in our own premises we can control hygiene, temperature and humidity but we have no idea how clean someone else's house is. For all we know, a cake board could be stored next to the pet dog's food bowl, or in the boot of a car, or handled by dirty fingers - there is just no way we would expect a customer to buy a product from us that had been previously returned by someone else. The umbrella concept of this legislation is to allow a customer to examine the item in a way they would have been able to do before purchasing it from a physical shop. However, if a customer orders red Regalice and then asks to return it because she really wants black Regalice, our position is that the Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations do not allow that type of return - because the customer does not have to 'examine' an item to realise the difference between red and black, or to realise that he/she has made a mistake when ordering. In other words, the regulations are not (and were never intended to be) a catch-all way of allowing anyone to return anything for any reason at any time. WHAT ARE MY RESPONSIBILITIES? The consumer must contact the supplier within 3 calendar days of delivery as explained above. The consumer is responsible for the safety of the item until it is returned to the supplier, including while in transit. Used, part-used and items which are no longer in a re-saleable condition cannot be returned. Care should be taken with packaging where this forms part of the item - ie retail packaging. Please remember we're talking about items where you've simply changed your mind, so there is no need for an item to have been removed from its packaging or used. The consumer is responsible for the safe delivery of the item to the supplier, just as the supplier was responsible for safe delivery to the customer. It must arrive with us safely and in perfect condition – simply shipping it back is not enough to satisfy your responsibilities under the regulations. HOW DO I ACTUALLY RETURN AN ORDER? Afrocakery can advise on how best to proceed when you contact us – remembering that it's your responsibility to return the item(s) safely and in accordance with the regulations – Afrocakery cannot arrange to return the item(s) for you automatically. This summary can be taken as our written notice that this is what we require to happen. We can help arrange a return courier service. We are happy to offer suggestions based on item size and weight when you contact us but the act of returning and paying for the return of any item is the responsibility of the consumer. WILL I GET A FULL CREDIT / REFUND? Yes, absolutely - if everything has been done as outlined above. When we receive the item(s) back from you and have checked they are unused and in good condition, we will credit your account or, in the specific circumstances allowed by the Regulations, refund you in full including any standard shipping costs included in delivering that item to you. Where the returned item(s) are part of a larger order which you decide to keep and where the shipping costs for the items you decide to keep is equal to those of the returned items, Afrocakery cannot refund any shipping costs. The 'refund' is normally processed as a credit to your Afrocakery account unless you specifically request a physical refund, in which case this will be made the same way you paid - eg via MPESA or a refund to your debit / credit card. Your refund will be processed within 48 hours of the item arriving with us and the regulations state that we are obliged in all cases to refund within 14 days of cancellation at most - "cancellation" being the date the returned item is received by us. There's no reason why a refund would take anything like that long to arrange unless there is a problem with the actual item(s) being returned. An area of exception is where the regulations consider that "work" has commenced on an order. In such circumstances the cancellation rights end at the point work commences. In relation to Afrocakery orders this applies to special order items, customized or personalized items, cut ribbon and to Express orders where orders are packed for shipping very soon after the order has been placed and for which a small premium has been charged. We are happy to accept the cancellation / return of Express orders but reserve the right not to refund the part of the charge relating to the express nature of the service – in other words only the standard shipping charge would be refunded. For the avoidance of doubt we stress this is not a re-stocking or administration charge (both of which are not permitted by the regulations) but is the charge for an additional service in picking, packing and shipping the order very quickly. One other important point . . . if your original order was over Kes. 20,000 and you received free shipping, and you then return an item which brings your order total to under Kes. 20,000, the original shipping charge is payable and will be deducted from any refund due. So in a small number of cases it may not be worth returning an inexpensive item simply because you change your mind. We only mention this to help customers decide on their best course of action and we have no desire to discourage you from exercising your rights under the Distance Selling Regulations / the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations.
THE AFROCAKERY TERMS & CONDITIONS The following terms and conditions (the “Terms”) govern your access and/or use of any of the applications, websites, content, products, software and services (the “Services”) made available by Afrocakery Enterprises and its subsidiaries, representatives, affiliates, officers and directors (collectively “Afro”). PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES. By accessing, using or receiving any Services made available by Afro, you expressly acknowledge and confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Afro may cease offering or deny access to the Services or any portion thereof, to you at any time for any reason. Afro reserves the right to amend the Terms or its policies relating to the Services at any time, without notice to you. Any such amendment will be effective upon posting of the updated Terms on the Services, and you are solely responsible for regularly reviewing the same. Your continued access or use of the Services after any such changes shall constitute your agreement to be bound by such Terms as amended. Afro’s collection and use of personal information in connection with the Services is described in Afro’s Data Privacy Policy The Services The Services provided by Afro enable users to arrange and schedule logistics or delivery services and/or to purchase goods from independent third party providers of such services and goods. YOU HEREBY ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY AND/OR LOGISTICS SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH AFRO AS A PROVIDER OF DELIVERY, COURIER OR LOGISTICS SERVICES OR AS A LOGISTICS CARRIER. Unless otherwise agreed by Afro in a separate written agreement with you, the Services are made available solely for your personal non-commercial use. The Services and all rights therein are and shall remain the property of Afro or its licensors (as relevant). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted here below; or (ii) to use or reference in any manner, Afro’s company names, logo, product or service names, trademarks or service marks or those of Afro’s licensors. License Grant & Restrictions Subject to your compliance with these Terms, Afro hereby grants you a non‐exclusive, non‐transferable, revocable right to (a) access and use its applications and related services (the “Applications”) solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services solely for your personal, non-commercial use. All rights not expressly granted to you are reserved by Afro and its licensors. You hereby agree NOT to: License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services; Remove any copyright, trademark or other proprietary notices from any portion of the Services; Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Afro Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; Send or store material containing viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; Interfere with or disrupt the integrity or performance of the Services or the information or data contained therein; or Create internet ‘links’ to, or ‘frame’ or ‘mirror’ the Services, or any portion of the Services; Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; Build a product or service using similar ideas, features, functions or graphics of the Services; Copy any ideas, features, functions or graphics of the Services; or Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services, or which may make multiple server requests per second, or unduly burden or hinder the operation, performance and/or functionality of the Services. Representations and Warranties By using the Services, you expressly represent and warrant that you are legally permitted to enter into this Agreement. The Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the Terms. Your access and use of the Services is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the services, you agree to comply with all applicable laws of the Republic of Kenya. You agree to maintain accurate, complete and up-to-date information in your account. You may only access the Services using authorized means. It is your responsibility to check to ensure you download the correct software for your device. Afro is not liable if you do not have a compatible handset or if you have downloaded the wrong version of software for your handset. Afro reserves the right to terminate this Agreement should you be using the Services with an incompatible or unauthorized device. By using the Services, you agree that: You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes; Any packages tendered for delivery may be subject to random checks for restricted and/ or illegal substances upon reasonable suspicion by the courier service provider. Where the checks reveal any potentially corrosive, poisonous or explosive contents or otherwise unlawful material the courier service provider may decline delivery of the package and shall immediately notify Afro; You will not send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; You will not use the Services to cause nuisance, annoyance or inconvenience; You will not send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material including material that violates third party rights; You will not impair the proper operation of the network; You will not try to harm the service providers or Services in any way whatsoever; You will not copy, or distribute the Services or other content received as a result of access or use of the Services without written permission from Afro; You will only use the Services for your own personal use and will not resell any portion of the Services to a third party; You will keep secure and confidential your account password or any identification we provide you which allows access to the Service; and You will provide us with whatever proof of identity we may reasonably request. Payment Terms The use of the Services may result in charges to you for the services or goods you receive (“Charges”). You understand that Charges may include other applicable fees, tolls, and/or surcharges. Charges are exclusive of taxes and levies, are due immediately and are non-refundable, unless otherwise determined by Afro. This no-refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to the Services either planned, accidental or intentional, or any reason whatsoever. Afro reserves the right to determine the final Charges payable ‐ Note that the pricing information published on the website is strictly indicative and may not reflect the prevailing pricing. Afro, at its sole discretion, may make promotional offers with different features and different rates to any of our customers or groups of our customers. These may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that these promotional offers, unless made to you, shall have no bearing whatsoever on your contract, your use of the Services or the Charges applicable to you. Afro may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third party providers. Afro reserves the right to establish, remove and/or revise Charges in relation to the use of the Services, at any time and at Afro’s sole discretion. You understand that Afro, in its sole discretion, may also vary Charges using any criteria including without limitation, geographical location, time period or quantum of demand. You also understand that such variance may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. We encourage you to check our website periodically if you are interested in how we charge for the Services. In some instances, Charges you incur will be owed directly to third party providers and Afro will collect payment from you on behalf of such third party as their limited payment collection agent. You understand that Afro will be under no obligation to modify the relevant portion of the Charges for services or goods provided by such third party providers, unless a formal request for modification is received from the relevant third party provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any third party provider, you are under no obligation to do so. Gratuities are voluntary. Intellectual Property Ownership Afro alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by Afro. Afro name, Afro logo, and the product names associated with the Services are trademarks of Afro or third parties, and no right or license is granted to use them. Third Party Interactions The Services may be made available or accessed in connection with third party services and content (including advertising) that Afro does not control. During use of the Services, you may, without limitation, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors. You acknowledge that different terms of use, warranties, representations and privacy policies may apply to your use of such third party services and content and in no event shall Afro be responsible or liable for any representations, products or services of such third party providers. You acknowledge that your access and use of the Services in connection with third party services may be subject to terms set forth in the applicable third party’s terms and conditions. You acknowledge that the availability of the products, goods or services of third party providers on the Services is not an endorsement of the same by Afro. You hereby further acknowledge that where third‐party providers of goods and/or services require your agreement to additional or separate terms and conditions prior to your use of or access to such goods or services, Afro will have no responsibility nor liability arising from such agreements between you and the third party providers. Any third party interactions, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third‐party. Afro and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third‐party. Afro does not endorse any sites on the Internet that are linked through the Services, and in no event shall Afro or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. Afro may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these Terms you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing. Afro reserves the right to charge you a higher fee for the Services should you choose not to receive such advertisements. This higher fee, if applicable, will be posted on Afro's website located at ww.theafrocakery.com. Afro may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services. Indemnification You agree that you shall defend, indemnify and hold Afro, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, demands, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of delivery, logistics or courier services arranged via the Services; (c) your use or misuse of the Services or services or goods obtained through your use of the Services; or (d) Afro’s use of your user content in accordance with these Terms. Disclaimer of Warranties THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY AFRO. AFRO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. AFRO MAKES NO REPRESENTATIONS OR WARRANTIES THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFRO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS SUPPLIED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU. Internet Delays Afro’s Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communication. Afro is not responsible for any delays, delivery failures, or any other damage resulting from such problems. Limitation of Liability AFRO AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOST REVENUE AND/OR PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF AFRO, EVEN IF AFRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AFRO AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES, EVEN IF AFRO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AFRO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND AFRO’S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO CONNECT WITH THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT AFRO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRODUCTS, GOODS AND/OR SERVICES PROVIDED TO YOU BY THIRD PARTY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. AFRO WILL NOT BEAR NO RESPONSIBILITY NOR INCUR ANY LIABILITY TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE AFRO FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDERS. AFRO WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. UNLESS OTHERWISE AGREED TO BY YOU AND AFRO, AFRO SHALL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAWS OF THE REPUBLIC OF KENYA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE). THE QUALITY OF THE LOGISTICS OR COURIER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. EXCEPT AS EXPRESSLY STATED HEREIN, AFRO WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF ANY LOGISTICS AND/OR COURIER SERVICES PROCURED THROUGH THE SERVICES. IN ANY CASE, AFRO’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OF LIABILITY. Insurance Afro shall require that the courier and logistics service providers seeking registration on its platforms, obtain and maintain insurance coverage against loss or damage for goods delivered in connection with the Services. Notice Afro may give notice by means of a general notice on the Services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account, or by a notification message displayed on your account page. Such notice shall be deemed to have been given upon publication on the Services or upon the expiration of 12 hours after sending (if sent by email or telephone). It shall be your responsibility to keep your contact information (including email address) current and you will be deemed to have received any notice issued based on the contact information in your account, whether or not you actually receive it. You may give notice to Afro, with such notice deemed given when received by Afro, at any time through the email address Afroabox.ke@gmail.com Afro reserves the right to close or suspend your account without prior warning should you contravene any of these Terms or any future amendments and additions thereto. Assignment You may not assign these Terms without the prior written approval of Afro. Afro may assign these Terms without your consent by Afro to (a) a parent, subsidiary or affiliate; (b) an acquirer of Afro’s equity, business or assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void. Miscellaneous Provisions Responsibility. If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement with Afro and/or these Terms, you shall be deemed to have taken the action yourself. Severability. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of the Terms shall remain in full force and effect. Waivers. Any failure by Afro to enforce any right or provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be acknowledged and agreed in writing. Successors and Assigns. These Terms will be binding upon, and inure to the benefit of Afro and any contracting parties and their respective successors and assigns. No Agency. No partnership, contract of employment, agency, joint venture or franchise relationship shall be created between you, Afro or any third party service provider as a result of this Agreement or use of the Services. No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiary to any agreement entered into with Afro. International Sale of Goods, Export and Import Control. Services, content, and products derived or obtained from the Services may be subject to Kenya import or export laws, and/or the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, to: (a) obtain any export, re‐export or import authorizations required by Kenya or your local laws; and (b) not provide services, content, or products from the Services to any prohibited countries and/or prohibited entities as identified in any Kenyan legislation.
This Privacy Policy explains how Afro collects, uses, shares and protects information about its users. We also provide information regarding how you can access and update your information and make certain choices about how your information is used. The Privacy Policy is incorporated by reference into the applicable Terms and Conditions. The Policy covers both our “online” (e.g., web and mobile services, including any web sites operated by us such as www.theafrocakery.com, and any subdomains, mobile applications, however accessed and/or used, whether via personal computers, mobile devices or otherwise) and “offline” (e.g., collection of data through mailings, telephone, or in person) activities owned, operated, provided, or made available by the Company, collectively referred to as the “Services.” BY USING OUR SERVICES OR BY OTHERWISE GIVING US YOUR INFORMATION, YOU AGREE TO THE TERMS OF THIS PRIVACY POLICY. Please review it carefully to understand our privacy practices. If you have questions about this Policy, please contact our team at Afrocakery@gmail.com What Information Do We Collect? a) Personal Information. Personal information means any information that could be used to identify a natural person (‘data subject’); directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person that, such as your name, e-mail address, password and mobile number (“Personal Information”). We may collect this information various ways through the Services, including account registration forms, contact us forms, or when you otherwise interact with us. b) Information We Collect As You Access And Use Our Services In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services, all of the areas within our Services that you visit, and the time of day, among other information. We may use Usage Information for a variety of purpose, including to enhance or otherwise improve the Services. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information. We collect location information for various purposes – including to determine the charge for the delivery you requested via our Services, to provide you with customer support, to send you promotions and offers, to enhance our Services, and for our internal business purposes. A few of the methods that may be used to collect Usage Information include, without limitation, the following (and subsequent technology and methods hereafter developed): Cookies . A cookie is a data file placed on a Device when it is used to access the Services. A Flash cookie is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. Cookies and Flash Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. Cookies work by assigning a number to the user that has no meaning outside of the assigning website. If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. If you choose to disable cookies or Flash cookies on your Device, some features of the Services may not function properly or may not be able to customize the delivery of information to you. You should be aware that the Company cannot control the use of cookies (or the resulting information) by third-parties, and use of third party cookies is not covered by our Privacy Policy. Embedded Scripts . An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter. c) Information Third Parties Provide About You We may, from time to time, supplement the information we collect about you through our web platform or Mobile Application with outside records from third parties if you have given us permission to do so in order to enhance our ability to serve you, to tailor our content to you and to offer you opportunities to purchase products or services that we believe may be of interest to you. In those cases, we will apply this Privacy Policy to any Personal Information received, unless we have disclosed otherwise . If you no longer wish to receive direct marketing messages, please click the “Unsubscribe” link in the footer of our e-mail. d) Information You Provide About A Third Party If you choose to use our referral service to tell a friend about our Services, we will ask you for your friend’s name and email address or phone number. We will automatically send your friend a one-time email or sms inviting him or her to visit the Services. We store this information for the sole purpose of sending this one-time notification and tracking the success of our referral program, and do not use this information for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use our referral service, your e-mail address may be included in the communication sent to your friend. Your friend may contact us through Afrocakery@gmail.com to request that we remove this information from our data store. e) Information Collected by Mobile Applications Our Services are primarily provided through an application on your mobile, tablet, computer or similar device (“Mobile Application”). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to such Mobile Applications. When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (“Mobile Device Information”), including without limitation: Your preferred language Your phone number or other unique device identifier assigned to your mobile device The IP address of your mobile device The manufacturer and model of your mobile device Your mobile operating system The type of mobile Internet browsers you are using Your geolocation Information about how you interact with the Mobile Application and any of our web sites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application Information to allow us to personalize the services and content available through the Mobile Application We may use information automatically collected by the Application (including the Mobile Device Information) in the following ways: To operate and improve our Applications, other Services, our company’s services, and tools; To create aggregated and anonymized information to determine which Mobile Application features are most popular and useful to users, and for other statistical analyses; To prevent, discover and investigate violations of this Privacy Policy or any applicable terms of service or terms of use for the Application, and to investigate fraud, chargeback or other matters; To customize the content or services on the Application for you, or the communications sent to you through the Application. We use that geolocation information we track through your Device for various purposes – including for you to be able to view the Afro partners in your area that are close to your location, for you to set your pick up location, so the partners are able to find the location from which you wish your package to be picked, to send you promotions and offers, and to allow you (if you choose through any features we may provide) to share this information with other people. Except as otherwise permitted in this Privacy Policy, we will not share this information with third parties for any purpose and will only use this information for the sole purpose of providing you with the ability to request delivery via Afro platform. You may at any time no longer allow our Application to use your location by turning this feature off . We also provide some of your Personal Information to the driver/partner who accepts your request so that the driver may contact and find you. The companies for which drivers work (that are providing the transportation service) are also able to access your Personal Information, including your geolocation data. We may associate your unique Device Identifier or Application usage information with any Personal Information you provide, but we will treat the combined information as Personal Information. Personal Information may also be collected and shared with third-parties if there is content from the Application that you specifically and knowingly upload to, share with or transmit to an email recipient, online community, website, or to the public, e.g. uploaded photos, posted reviews or comments, or information about you or your ride that you choose to share with others through features which may be provided on our Services. This uploaded, shared or transmitted content will also be subject to the privacy policy of the email, online community website, social media or other platform to which you upload, share or transmit the content. f) Information Collected from Job Applicants If you wish to apply for a job on our web site(s), we will collect Personal Information such as your name, email address, phone number and may collect additional information such as resume and gender. We use the information collected within this area of the web site(s) to determine your qualifications for the position in which you have applied and to contact you to set up an interview. How Do We Use The Information Collected? Our primary goal in collecting your Personal information or Usage Information is to provide you with an enhanced experience when using the Services. Based upon the Personal Information you provide us when registering for an account, we will send you a welcoming email to verify your email address. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email, telephone, or text message, in accordance with your wishes. We use your information to closely monitor which features of the Services are used most, to allow you to view your trip history, view any promotions we may currently be running, rate deliveries, and to determine which features we need to focus on improving, including usage patterns and geographic locations to determine where we should offer or focus services, features and/or resources. We use the information collected from our Mobile Application so that we are able to serve you the correct app version depending on your device type, for troubleshooting and in some cases, marketing purposes. We use your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site(s). Your IP address is used to help identify you, but contains no personal information about you. We will send you strictly service-related announcements when necessary, such as, when our Services are temporarily suspended for maintenance. Generally, you may not opt-out of these communications, which are not promotional in nature. In addition, we may use your Personal Information or Usage Information that we collect about you: to provide you with information or services or process transactions that you have requested or agreed to receive including to send you electronic newsletters, or to provide you with special offers or promotional materials on behalf of us or third parties; to process your registration with the Services, including verifying your information is active and valid; to improve the Services or our services, to customize your experience with the Services, or to serve you specific content that is most relevant to you; to enable you to participate in a variety of the Services’ features such as online or mobile promotions; to contact you with regard to your use of the Services and, in our discretion, changes to the Services and/or the Services’ policies; for internal business purposes; for inclusion in our data analytics; and for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy. Please note that information submitted to the Services via a “contact us” or other similar function may not receive a response. How and When Do We Disclose Information to Third Parties? We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes. We do not sell, share, rent or trade your information other than as disclosed within this Privacy Policy or at the time you provide your information. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information. (a) When You Agree To Receive Information From Third Parties. You may receive marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly. (b) Third Parties Providing Services on Our Behalf. We use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf – such as partners and companies they work for to provide the Services, and other third-parties and process payments. We may provide these vendors with access to user information, including Personal Information, this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors are obligated not to disclose or use Personal Information for any other purpose. While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal Information with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information. We use a third party hosting provider. Information collected within this section of our web site is governed by our Privacy Policy. (c) Co-branded Services. Certain aspects of the Services may be provided to you in association with third parties (“Co-Branded Services”). Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Service with a username and password obtained through our Services, your Personal Information may be disclosed to the identified third parties for that Co-Branded Service and will be subject to their posted privacy policies. (d) Contests and Promotions. We may offer contests, and other promotions through the Services that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list. (e) Administrative and Legal Reasons. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: to satisfy any applicable law, regulation, governmental requests or legal process; to protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; to protect the safety, rights, property or security of the Company, our Services or any third party; to protect the safety of the public for any reason; to detect, prevent or otherwise address fraud, security or technical issues; and /or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you. (f) Business Transfer We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information: to a subsequent owner, co-owner or operator of the Services or applicable data store; or in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process. What is Online Behavioural Advertising and How Can I Opt-Out? Targeted advertising (also known as Behavioural Advertising) uses information collected on an individual’s web or mobile browsing behaviour such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than our web site(s). For example, if you have shown a preference for nursing while visiting our web site(s), you may be served an advertisement for nursing-related programs when you visit a site other than our web site(s). The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers. If you would like to opt out of targeted advertising from us that occurs when visiting our third party advertising publishers, please contact us at Afrocakery@gmail.com. Please note that this will opt you out of targeted ads from our Company and any other participating advertisers. If you opt out, you may continue to receive online advertising from us; however, these ads may not be as relevant to you. In order for behavioural advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, login under a different screen name, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt out, as online behavioural advertising technology does not work when scripting is disabled. Please check your browser’s security settings to validate whether scripting is active or disabled. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. What About Information I Disclose Publicly? (a) User Generated Content and Public Information. The Services may offer publicly accessible blogs or community forums or other ways to permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”). We or others may reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Content and may have the ability to share it with third parties across the Internet. You should be aware that any User Content you provide in these areas may be read, collected, and use by others who access them. Thus, please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Company does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload, whether through the Services or otherwise. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive through the Services. To request removal of your User Content from our blog or community forum or similar features, contact us through Afrocakery@gmail.com In some cases, we may not be able to remove your User content, in which case we will let you know if we are unable to do so and why. (b) Name and Likeness We may also publish your name, voice, likeness and other Personal Information that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Content you submit to the Services, please review our Terms and Conditions. Does Third Party Content And Links To Third Party Services Appear on the Services? The Services may contain content that is supplied by a third party, and those third parties may collect web site usage information and your Device Identifier when web pages from any online or mobile Services are served to your browser. In addition, when you are using the Services, you may be directed to other sites or applications that are operated and controlled by third parties that we do not control. We are not responsible for the privacy practices employed by any of these third parties. For example, if you click on a banner advertisement, the click may take you away from one of our websites onto a different web site. These other web sites may send their own cookies to you, independently collect data or solicit Personal Information and may or may not have their own published privacy policies. We encourage you to note when you leave our Services and to read the privacy statements of all third party web sites or applications before submitting any Personal Information to third parties. Social Media Features and Widgets Our online and mobile Services may include social media features, such as the Facebook Like button, and widgets such as a “ Share ” button. These features may collect your IP address, which page you are visiting on our online or mobile Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our online Services. Your interactions with these features and widgets are governed by the privacy policy of the company providing them. How Do I Change My Information and What If I Cancel My Account? You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of account registration. If your Personal Information changes, or if you no longer desire our Services, you may correct, delete inaccuracies, or amend information by making the change on our member information page or by contacting us through Afrocakery@gmail.com. We will make good faith efforts to make requested changes in our then active data stores as soon as reasonably practicable. You may also cancel or modify your communications that you have elected to receive from the Services by following the instructions contained within an e-mail or by logging into your user account and changing your communication preferences. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us through Afrocakery@gmail.com. We will retain your Personal Information and Usage Information (including geolocation ) for as long as your account with the Services is active and as needed to provide you services. Even after your account is terminated, we will retain your Personal Information and Usage Information (including geolocation, trip history and transaction history) as needed to comply with our legal and regulatory obligations, resolve disputes, conclude any activities related to cancellation of an, investigate or prevent fraud and other inappropriate activity, to enforce our agreements, and for other business reason. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. You will be able to request access your personal data in electronic format’. This allows you to find out what personal data is being processed, where it is being stored and why it is being processed. This data can also be shared or transferred to a new processor upon request. Age Limit Persons under 18 are not allowed to register with or use our Services. We do not knowingly collect personal information from anyone under the age of 18. If we discover that we have collected personal information from a person under 18, we will delete that information immediately. If you are a parent or guardian of a minor under the age of eighteen (18) and believe he or she has disclosed Personal Information to us, please contact us at Afrocakery@gmail.com Security The Personal Information and Usage Information we collect is securely stored within our data stores, and we use standard, industry-wide, commercially reasonable security practices such as encryption, authentication, fraud detection and secure software development to protect your information. We also have data security experts working to prevent fraud, theft or abuse of information. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our data stores, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk. We recommend that you not disclose your password to anyone. In case of a data breach, Afro shall notify its users within 72 hours. Changes to the Privacy Policy We reserve the right to change or modify this Policy or any of our tools or services at any time. When we make material changes to this Policy, we will notify you by posting the updated Policy on our website, and we will update the effective date at the top of this Policy. By continuing to use any of our Websites after being notified of material changes to this Policy, you agree that the terms of this Policy as of the effective date will apply to information previously collected or collected in the future. Consent to Transfer Information to the Republic of Kenya Please be aware that information we collect, including, Personal Information, will be transferred to, processed and stored in the Republic of Kenya . The data protection laws in the Republic of Kenya may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the Republic of Kenya according to their laws. By using the Services or providing us with any information, you consent to this transfer, processing and storage of your information in the Republic of Kenya.