Terms & Conditions
KINDLY read these terms and conditions carefully.
THE relationship between POA PAMOJA HAIR AND BEAUTY LTD (“POA PAMOJA”) and the Yourself (“User”) is governed by the Laws of Kenya and the terms and conditions.
THE terms and conditions SHALL govern your access and use of this Website and any other related websites, Application(s), network of websites, and media which belong to POA PAMOJA.
THESE terms and conditions also govern the content and services offered to you through the Website(s). By accessing, using, printing, installing, or downloading any material from any of the Websites, you agree to be bound by these Terms and Conditions.
The following words shall have the following meanings in this Agreement:
“Agreement” means this document (the terms and conditions), the Operational Documents and Regulations and any other appendices hereto;
“Application Form” means the application form completed by the User requesting to access and use the SALON POA Website or Application.
“Business Day” means, except for public holidays: On any day falling between Monday to Friday the period between 08.00 Hours to 17.00 Hours (all inclusive); and Business Days shall be construed accordingly;
“Confidential Information” means, without limitation, all information, software, data, manuals, concepts relating to marketing methods, products, developments, business and financial affairs and trade secrets, and other information of value to a Party and not generally known, (whether or not designated as “confidential information” by any Party and whether written, oral or in electronic form) and any other information clearly designated by a Party as “confidential information” or that is evidently confidential by its nature or the nature of its disclosure, and includes the terms of this Agreement;
“User” means any person who performs a Transaction in the Website(s);
“Operational Documents and Regulations” means the procedures and regulations, set out by POA PAMOJA for purposes of operating the websites as amended or revised by POA PAMOJA from time to time;
“Transaction” means any movement of cash from the User to POA PAMOJA pursuant to instructions initiated on the website;
In this Agreement (including the recitals), unless the context otherwise requires:
(i) Words denoting the singular shall include the plural and vice versa and reference to the masculine gender shall include a reference to the feminine gender and neuter and vice versa; (ii) References to clauses are references to the clauses of this Agreement;
(iii) References to “Parties” shall mean the parties to this Agreement being POA PAMOJA and the User and to “Party” shall mean either of them as the context may indicate;
(iv) The expression “person” includes a natural person, body corporate, unincorporated venture, trust, joint venture, association, statutory corporation, state, state agency, governmental authority or firm; and
(v) Headings to clauses are used for convenience only and shall not affect the construction and interpretation of this Agreement.
These terms and conditions of use become effective when the user accesses, views or uses this website.
The user hereby has acknowledged these terms and conditions and accepts them as the legal equivalent of a written and signed contract binding the parties herein and these terms and conditions constitute a binding agreement between POA PAMOJA and/ or its subsidiaries or affiliates, and the user.
3. ACCEPTANCE TO USE AND DURATION OF THE AGREEMENT
This Agreement will commence on the date when the User accesses, views or uses this website and will continue for the duration of the continued use of the website(s) by the user and/or until the user is suspended from using the website by POA PAMOJA.
POA PAMOJA reserves the right to decline any use, access, viewing and/or registration for the use of the website(s) or to revoke the same at any stage at POA PAMOJA’s sole discretion and without assigning any reason or giving any notice thereto.
POA PAMOJA shall activate the website for the User upon completion of applicable due diligence including but not restricted to Know Your Customer (KYC) due diligence.
For the avoidance of doubt, POA PAMOJA’s refusal to activate the Website for the User shall neither confer on the User any right to contest POA PAMOJA’s decision nor give rise to any legal claim against POA PAMOJA.
4. USER REQUESTS AND ORDER ACCEPTANCE
The User hereby irrevocably authorizes POA PAMOJA to act on all requests received by from the User (or purportedly from the User) through the website and to hold the User liable in respect thereof.
POA PAMOJA may nevertheless refuse to carry out any requests which would result in there being an overdraft on the User’s preferred mode of payment.
POA PAMOJA shall be entitled to accept and to act upon any request, even if that request is otherwise for any reason incomplete or ambiguous if, in its absolute discretion, POA PAMOJA believes that it can correct the incomplete or ambiguous information in the request without any reference to the User being necessary.
POA PAMOJA shall be deemed to have acted properly and to have fully performed all the obligations owed to the User notwithstanding that the request may have been initiated, sent or otherwise communicated in error or fraudulently, and the User shall be bound by any requests on which POA PAMOJA may act if POA PAMOJA has in good faith acted in the belief that such instructions have been sent by the User.
POA PAMOJA may, in its absolute discretion, decline to act on or in accordance with the whole or any part of the user Request pending further enquiry or further confirmation (whether written or otherwise) from you. POA PAMOJA shall not be under any obligation to so decline in any case and shall in no event or circumstance be liable for not so declining.
The user request/order is not accepted until POA PAMOJA sends the user shipping/delivery information.
The User agrees to and shall release from and indemnify POA PAMOJA against all claims, losses, damages, costs and expenses howsoever arising in consequence of, or in any way related to POA PAMOJA having acted in accordance with the whole or any part of any of User requests (or failed to exercise) the discretion conferred upon it.
The User acknowledges that to the full extent permitted by law POA PAMOJA shall not be liable for any unauthorized drawing, transfer, remittance, disclosure, any activity or any incident on the User account by the fact of the knowledge and/or use or manipulation of the User password, ID or any means whether or not occasioned by the User negligence.
The User may Contact POA PAMOJA for Order cancelation. The User cancellation will only be allowed where the request/order is revocable and has not yet been delivered. If POA PAMOJA can cancel the User instruction, the User may be charged for such cancellation.
If POA PAMOJA cancels all or a portion of the user order, or if a less than the quantity ordered is delivered to the user, the User’s sole and exclusive remedy is either (a) POA PAMOJA will issue a credit to the User Credit Card account in the amount charged for the cancelled portion or the quantity not provided or (b) POA PAMOJA will not charge the User Credit Card for the cancelled portion or the quantity not provided.
POA PAMOJA may refuse to honour any User request if the User does not have enough funds in his preferred payment option account. In deciding whether the user has enough funds, POA PAMOJA will take account of any instructions to make payments and regular payments which have not yet been paid from the User’s payment options. POA PAMOJA will not be obliged to take account of regular credits or any amounts received after it has decided not to make the payment.
5. TRANSACTION LIMITS AND FEES
Use of the Website shall be subject to the minimum/ maximum Transaction values appointed by POA PAMOJA from time to time.
POA PAMOJA may by notice from time to time vary the charges and minimum/ maximum transaction values.
The User shall pay Transaction Fees and debited from any Payment Method elected by the User on the website as at the time of entering into this Agreement including but not limited to Moblie Money, Mobile Wallet, M-Pesa Merchant Services and other Mobile Money Services, Debit/Credit Card, and any other payment services as shall be available on the Website.
POA PAMOJA reserves the right to adjust the Transaction Fees from time to time with or without notice
6. TAX AND OTHER CHARGES
For each request/order on the website(s), the User agrees to pay the price applicable for the product or service which price may include all applicable taxes, surcharges, and fees.
7. LINKS TO THIRD PARTY WEBSITES AND APPLICATION(S)
8. PROHIBITED USAGE AND CONDUCT
The User agrees to not use the Website to:
(i) Conduct anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or criminal;
(ii) Impersonate any person or entity, including, but not limited to, an POA PAMOJA official, fellow user, or falsely utter or otherwise misrepresent its affiliation with any person or entity;
(iii) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
(iv) Conduct anything that makes available any content or information that the User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed or under nondisclosure agreements);
(v) Conduct any activity that infringes any intellectual property rights;
(vi) Conduct any activity whether solicited or unsolicited, relating to or remotely connected to SPAM, junk mail, pyramid schemes, pornography, unlicensed gaming or gambling or any other form of solicitation;
(vii) Conduct any activity that makes available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(viii) Conduct any business that interferes with or disrupts the Website or servers, or Networks connected to the Website, or disobeys any requirements, procedures, policies or regulations of networks connected to the Website;
(ix) Conduct any business that intentionally or unintentionally violates any applicable local, foreign or international law or regulation;
(x) Collect or store personal data about other users without their express authority; or
(xi) Aggregate payments or create ‘collection accounts’ on behalf of third-party persons without POA PAMOJA’s written consent.
9. USER’S LIABILITY TO POA PAMOJA
The user shall be liable to POA PAMOJA for any liabilities, losses or expenses incurred by POA PAMOJA as a result of any breach by the user of these terms and conditions.
10. NATURE AND RELATIONSHIP
The relationship between POA PAMOJA and the User shall not be construed as that of a principal, agent, partner or representative of either party and POA PAMOJA shall not be liable for any acts or omissions of the User.
11. USE OF MATERIAL AND INFORMATION
The information and materials contained in website, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the website and systems including but not limited to unauthorized entry into POA PAMOJA systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. The User’s eligibility for services is subject to final determination by POA PAMOJA.
Each Party warrants that it will treat in confidence all Confidential Information which it acquires as a result of the operation of this Agreement and to afford it the same protection afforded to its own Confidential Information.
Neither Party will reveal any Confidential Information to any third party (including public statements) without the written consent of the disclosing Party, except where such information is already in the public domain, has been legally acquired by the third party, or where disclosure of the confidential information is ordered by a court or other competent authority.
POA PAMOJA may disclose the User’s Confidential Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with regulatory requirements;
(ii) legal process;
(iii) enforce the terms of this Agreement;
(iv) respond to claims that the User’s use of the Website violates the rights of third-parties; or (v) protect the rights, property, or personal safety of POA PAMOJA, its customers and the public. Where such information is required for any of the purposes above, the User shall provide such assistance as may be reasonably required by POA PAMOJA to ensure compliance.
13. INTELLECTUAL PROPERTY RIGHTS
This Website contains copyright and other intellectual property including trademarks, logos and other graphics and multimedia works belonging to POA PAMOJA and/or Third-Party partners.
The user is authorised to view and download, copy to a local hard drive or disk, print and make copies of such printouts, provided that:
The material is used for the user’s information on his/her transactions and purchases and for no commercial purposes.
Any reproduction of our proprietary material from this site or portion of it, must include POA PAMOJA’S copyright notice in its entirety.
The logos and trademarks shown on this Website are POA PAMOJA registered and unregistered trademarks, or that of third parties.
All content included on the Websites, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software is the property of POA PAMOJA or its content suppliers and is protected by applicable copyright and trademark laws.
Nothing on this Website should be construed as granting any licence or right to use any trademark without POA PAMOJA’s prior written permission and/or that of third parties, as the case may be. The user may not, without POA PAMOJA’s prior written consent, use POA PAMOJA’s intellectual property or that of third parties for any purposes whatsoever.
14. NO WARRANTY
The information and materials contained in this Website, including text, graphics, links or other items are provided ‘as is’ and ‘as available’. POA PAMOJA does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
POA PAMOJA does not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the User’s computer system. The user understands and agrees that any material and/or data downloaded or otherwise obtained using the Website or any of the materials contained therein is done at the User’s own discretion and risk. If the User’s use of the Website or the Material results in the damage and need for servicing or replacing equipment or data, we shall not be responsible for those costs and the user will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third-party material.
The materials, information and functions provided in the Website shall not under any circumstances be considered or construed as an offer or solicitation to sell, give, issue or as the giving of any advice in respect of any form of investment or other securities, loans, or deposits in any jurisdiction. The User shall be responsible for evaluating the quality, adequacy, timeliness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Website; further the User should seek professional and/or legal advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information.
POA PAMOJA may at its discretion amend these conditions from time to time without notification to the user. By accessing this Website, the Users are bound to the version of the terms and conditions published at the time of any visit to this Website. The User agrees to view the current version each time that this Website is visited.
The current version of these conditions will govern the respective rights and obligations of POA PAMOJA and the User each time the User access this website.
16. CAPACITY TO ENTER INTO AGREEMENTS
The User hereby warrants to POA PAMOJA that the User has the required legal capacity to enter into and be bound by these terms and conditions.
Minors must be assisted by their legal guardians when reading these terms and conditions.
17. SENDING INFORMATION
Information transmitted through an unsecured link over the Internet, including e-mail, and short messaging service (SMS) is subject to potential unlawful access or monitoring.
The User accepts that POA PAMOJA cannot be held liable for any loss, or damage suffered by the User as a result of unlawful activities by unscrupulous persons, as POA PAMOJA cannot prevent such behaviour.
18. DISCLAIMER AND LIMITATION OF LIABILITY
The use of this website and the online services is entirely at the User's own risk. The User assumes full responsibility for the risk or loss resulting from the use of this Website and the User's reliance on information contained on it.
In no event will POA PAMOJA be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the User's use of this Website or other online services or the information contained on this Website or the User's inability to use this Website or other online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether POA PAMOJA was expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, and to the extent legally permitted, POA PAMOJA will not be liable for:
Any interruption, malfunction, downtime, off-line situation or other failure of the website or online services, POA PAMOJA’s system, databases or any of its components, beyond POA PAMOJA’s reasonable control;
Any loss or damage with regard to the user’s data or other data directly or indirectly caused by malfunction of POA PAMOJA’s system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on POA PAMOJA’s system or third-party systems; programming defects;
Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public- switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which the POA PAMOJA has no direct control.
Access to this Website is at the User’s own risk. If a User is dissatisfied with any of the contents of the Website(s) or these Terms and Conditions, a User’s sole remedy is to discontinue use of this Website.
19. THIRD-PARTY INFORMATION
POA PAMOJA may use the services of other third-party organisations to provide information on this site. POA PAMOJA has no control over the third-party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. POA PAMOJA will not be directly or indirectly liable for any damages that may arise from the User's reliance on it.
20. INDEMNITY AND HOLD HARMLESS
The User undertakes to defend, indemnify and hold harmless POA PAMOJA, its independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from the users authority including without limitation to governmental agencies, use, misuse, or inability to use the Website(s) or any of the Materials/Contents contained therein, or the Users breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third party against POA PAMOJA in connection with the User’s use of this Website(s). POA PAMOJA shall notify the User of any such claim or suit, and the User shall be responsible for its defence. POA PAMOJAmay participate in the defence of such claim or defence but is not obligated to do so.
21. FORCE MAJEURE
The failure by POA PAMOJA to perform due to circumstances not reasonably within its control, including, without limitations, acts of God, civil commotion, riots, fire, governmental embargoes (“force majeure”), shall not be regarded as breach and the POA PAMOJA shall not be liable for any delay or loss or damage arising therefrom, provided that performance is resumed as soon as is reasonably possible.
22. GOVERNING LAW AND JURISDICTION
These terms and conditions and all matters arising out of or relating to these Terms and Conditions shall be governed by and are to be construed in accordance with the laws of Kenya, excluding any conflict of law provisions. By accessing this Website(s) and/or applying for the products or services provided herein by POA PAMOJA, you hereby consent to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of or relating to the use of this Website(s).
23. GENERAL PROVISIONS
The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
No failure or delay by POA PAMOJA to exercise any of POA PAMOJA’s rights will be construed as a waiver of any such right, whether this is done expressly or impliedly, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Copyright© POA PAMOJA 2021.
All Rights Reserved
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by POA PAMOJA unless otherwise indicated.