GENERAL TERMS AND CONDITIONS
Agreement to Terms
These terms form a legally binding agreement between you (personally or on behalf of an entity) and Elimplex ( “we,” “us,” or “our”). They govern your access to and use of this website and any other site where we appear as the registrant. This includes all media forms, mobile websites, applications, documents, or platforms linked to or connected with the website (collectively, the “Site”).
By accessing the Site, you confirm that you have read, understood, and accepted these Terms of Use. If you disagree with these Terms of Use, stop using the Site immediately.
We may post supplemental terms and conditions on the Site from time to time. These additional terms automatically form part of this agreement. We reserve the right to change these Terms of Use at any time for any reason. When we update the terms, we will revise the “last updated” date. You waive the right to receive individual notice for each change. You must review the Terms regularly to stay informed. Your continued use of the Site means you accept any updated version of the Terms.
We do not intend for anyone in jurisdictions where the law prohibits access to use the Site. If you access the Site from such places, you do so on your own initiative and take full responsibility for compliance with local laws.
Only users aged thirteen (13) and above may access the Site. If you are a minor in your jurisdiction, your parent or legal guardian must grant you permission and directly supervise your use of the Site. Parents or guardians must read and accept these Terms before allowing a minor to use the Site.
Intellectual Property Rights
Unless stated otherwise, Elimplex owns or licenses all source code, databases, functionalities, designs, documents, videos, texts, software, photos, graphics, downloadable content, and domain names (“Content”), and all logos, trademarks, and service marks (“Marks”) on the Site. Copyright laws, trademark laws, competition laws of Kenya, and international treaties protect the Content and Marks.
We provide the Content and Marks “as is” for your personal information and non-commercial use. You may not reproduce, aggregate, republish, upload, post, display publicly, encode, translate, transmit, sell, license, or exploit any Content or Marks for commercial use without our express written permission.
If you qualify to use the Site, we grant you a limited license to download or print portions of the Content for your personal, non-commercial use—only if you paid for and legally accessed it. We reserve all rights not granted to you in and to the Site, the Content, and the Marks.
User Representations
By using the Site, you confirm the following:
You possess the legal capacity to accept and comply with these Terms of Use.
You are at least 13 years old.
If you are a minor, your parent or guardian has permitted your use of the Site.
You will not access the Site using bots, scripts, or other automated tools.
You will not use the Site for illegal or unauthorized activities.
You will follow all applicable laws and regulations.
If you provide false, outdated, or incomplete information, we may deny or restrict your access to the Site and refuse current or future services.
Products
All products listed on the Site remain subject to availability. We reserve the right to change product offerings or discontinue any product at any time.
Purchases and Payments
You agree to pay for all purchases made via the Site using M-Pesa (Till or Paybill), bank deposit, or EFT to our authorized accounts. You must provide accurate and up-to-date information for every transaction, including your name, phone number, and email address.
We include applicable taxes in our prices. We may change product prices at any time. All payments must be made in Kenya Shillings.
You authorize us to charge your mobile number for the full amount of your order. If we discover any errors in pricing—even after payment—we reserve the right to correct them.
We also reserve the right to decline or cancel any order, especially those we suspect come from dealers, resellers, or distributors.
Refunds Policy
All sales are final. We do not issue refunds.
Prohibited Activities
You agree to use the Site only for its intended purpose. You may not:
Systematically collect or compile data from the Site without our written consent.
Use the Site to collect user information under false pretenses.
Bypass or interfere with the Site’s security features.
Use bots, spiders, scrapers, or scripts to extract data.
Interfere with Site functionality or overload the Site’s systems.
Remove copyright or proprietary notices from the Content.
Distribute unauthorized automated tools that access the Site.
Use the Site in any way that violates laws or regulations.
Third-Party Websites and Content
The Site may link to external websites or include content from third parties. We do not monitor or verify these websites or their content and disclaim responsibility for them. You use Third-Party Websites and their services at your own risk.
We do not endorse third-party products or services. You agree not to hold us liable for any damage or loss from interactions with third-party platforms.
Site Management
We reserve the right to:
Monitor the Site for rule violations.
Take legal action against users who break the law or violate these Terms.
Remove or disable excessive or harmful files.
Manage the Site to protect our rights and ensure smooth operation.
Term and Termination
These Terms stay in effect while you use the Site. We may, without notice or liability, suspend or terminate your access if you breach these Terms or any law. We may also do so at our sole discretion for any reason.
Modifications and Interruptions
We may update or remove any part of the Site or its content without notice. We hold no obligation to maintain or update the Site. We are not liable for any loss or inconvenience caused by temporary unavailability.
We do not guarantee constant access to the Site. Maintenance, errors, or external factors may cause disruptions. You agree not to hold us responsible for these interruptions.
Governing Law
The laws of the Republic of Kenya govern these Terms. You and Elimplex agree that only Kenyan courts hold the authority to resolve disputes.
Dispute Resolution
Informal Negotiations
Before initiating legal proceedings, both parties agree to try to resolve disputes informally for 30 days, beginning with written notice.
Binding Arbitration
If informal negotiations fail, we shall resolve disputes through binding arbitration by the Chartered Institute of Arbitrators (Kenya). The process will involve one arbitrator, in English, under Kenyan law.
Restrictions
Disputes must involve only the parties directly and not proceed as class actions or group claims.
Exceptions
These disputes will go to court, not arbitration:
Disputes involving intellectual property rights
Claims of theft, privacy breaches, or unauthorized use
Requests for injunctive relief
If a court finds this arbitration clause unenforceable in part, any unresolved issues will go to court.
Disclaimer
We provide the Site and its content “as-is.” You use it at your own risk. We make no warranties—express or implied—about its accuracy or fitness for a specific purpose. We do not guarantee that the Site will be error-free, uninterrupted, or secure.
Limitation of Liability
We are not liable for any indirect, incidental, special, or punitive damages arising from your use of the Site. If we become liable for any reason, we limit our liability to the amount you paid us, if any.
Indemnification
You agree to defend and indemnify Elimplex, its affiliates, officers, and employees against all losses or claims related to:
Your use of the Site
Your violation of these Terms
Any false representations
Your breach of third-party rights
Any harmful acts toward other users
We reserve the right to assume exclusive defense in any such case, at your expense.
User Data
We may store data you provide or generate while using the Site. While we back up data regularly, you remain solely responsible for your information. You waive any claims against us for data loss or corruption.
Electronic Communications and Transactions
By using the Site, emailing us, or filling online forms, you consent to receive digital communications. This includes legal notices, agreements, and records, which you accept as valid and binding. You waive rights requiring paper documents, physical signatures, or in-person deliveries.