Terms and conditions of use

Applicable to Purchase of Goods/Services.

Thank you for using our hopefully interesting and funky www.ken-tees.com site.

We are wholly owned and operated by Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”).

Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and Identity Partner/Ken-tees.com (aka “Ken-tees”).

When using, looking at and/or ordering goods from this site via any platform (PC, Tablet, Mobile device, Internet café etc.) you acknowledge that you have found and read, understood and agree to be bound by the following Terms and Conditions. We recommend that you print a copy of these Terms and Conditions for your future reference. If you have any issue or do not fully agree to these Terms and Conditions then you must exit now and go no further or we may fall out so if you do disagree, Do not proceed to use this site or order goods.

Please note that before proceeding with any order, you will again be asked if you have read, understood and accepted the Terms and Conditions. ………..Brace yourself, read them and keep us all happy!

1. Ownership

1(A)As outlined above, this site is owned and operated by Identity Partner/ Ken-tees.com (aka “Ken-tees.com”)., Registered in Kenya, under the provisions of the Registration of Business Names Act and Rule, Cap 499, Section 14 under the Laws of Kenya and having its registered office in Nairobi within the Republic of Kenya, registration number BN/2011/104568. All rights in this website are owned by us. Any unauthorised use, copying or modification to it is prohibited.

 

2. How to use our site

2(A) The site is made available to you personally, and is for non-commercial use only, except where otherwise authorised by us for promotional reasons for which written consent MUST be given by us.

2(B) Identity Partner/Ken-tees.com (aka “Ken-tees”) allows you a limited, non –exclusive licence to access our website and material for the purposes of checking out our products, voting on the designs portrayed, posting comments, ordering items and production services from us or obtaining out contact details, which we may withdraw at any time at our own discretion.

Your licence to use our website does not extend to any further commercial use of the website, or to even fractional/part use of our website, whatsoever for the benefit of any commercial entity other than us (or one of our associated companies).

3. Your Comments

3(A) We have a forum section on our site to provide a place for our users to discuss the various designs submitted by artists or its owners have no liability whatsoever for any comments posted by users on its websites. Any views or comments expressed in the user posts are not the views of Identity Partner/Ken-tees.co (aka “Ken-tees”), the owners or any entity associated with it.

We strongly advices that you read these Terms and Conditions and our separate Comments Policy: www.Ken-Tees.com before posting any comments on this site. You will be deemed to consent to these Terms and Conditions and our Comments Policy if you choose to post any content on our site.

3(B) Identity Partner/Ken-tees.com (aka “Ken-tees”). is not responsible for and does not endorse the contents of user’s posts or warrant any accuracy, truthfulness, legality or reliability of user’s posts. You are entirely responsible for material which you post. You agree to fully indemnity Identity Partner/Ken-tees.com (aka “Ken-tees”) in event of any legal proceedings being brought against Identity Partner/Ken-tees.com (aka “Ken-tees”) its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, in consequence of your posting a comment. For the avoidance of doubt, the indemnity you give to Identity Partner/Ken-tees.com (aka “Ken-tees”) is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of these Terms and Condition, the Comments Policy and/or applicable law.

3 (C) We expect you to act responsibly in posting comments. You agree, through use of this service, not to post any material which:

  1. Post personal information about other users.
  2. Violates the criminal law;
  3. Promotes or encourages illegal activity;
  4. Is sexist, racist, homophobic, offensive on the grounds of religion, nationality or demographic group
  1. Bullies, intimidates, or harasses any other user;
  2. Is defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others;
  3. May prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;
  4. Infringes the copyright, patent, trade mark, trade secret, database right, right of privacy or publicity or other proprietary or intellectual property right of any party;
  5. Includes any spam, unauthorised advertising or any other form of commercial publicity;
  6. Uses the site for commercial purpose, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;
  7. Is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the site servers, bandwidth or infrastructure;
  8. Falsely claims to be sponsored or endorsed by Identity Partner/Ken-tees.com (aka “Ken-tees”).
  9. Encourage or facilitate any violations of these Terms and Conditions; or
  10. Contains any virus, Trojan horse, worm or similar harmful and/or disruptive material.

 

3(D) Please do not use the comments section to make derogatory or insulting comments about any designer or any design. Art and beauty are in the eye of the beholder.

Constructive criticism is always appreciated and welcomed by both us and the designers regarding the website and its’ contents, so please be NICE !!! and treat others as you would like to be treated, RESPECTIFULLY !

3(E) As the Site will be stocked with many designs from different Artists and designers, it will be impossible to review every comment constantly, and we are not required to do so or to confirm if info. submitted is accurate or correct.

3(F) Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) does not actively monitor users comments and, as such, is not responsible for and gives no warranty or representation in relation to users’ comments. By using our site you acknowledge that Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) has no obligation to pre-screen, monitor, review or edit any content posted by you and other users on this site. Users are encouraged to bring any comment they deem offensive or objectionable to the attention of the team by clicking on the “report comment” link beside the relevant comment and identifying the specific material that they consider is objectionable. You will be asked to give your reasons for wanting the comment removed so that we can also learn from this process. We try not to be too judgemental and want to keep an open mind without offending sensitivities of other.

It’s supposed to be a bit of fun !!!!

3(G) If you believe that any content on www.ken-tees.com contains any defamatory or insulting statements, please notify us immediately by sending an email to us using the email form found on the contacts at www.Ken-tees.com .Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) operates on a reactive basis. Once your notification has been received, Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) will make all reasonable efforts to remove the materials/comments in question within a reasonable time frame.

3(H) Whilst we do not actively monitor comments, we reserve the right to remove, refuse to publish, edit, cut and/or crop any content you post on our site that comes to our attention via a complaint or otherwise. Commenters who repeatedly flout our Comments Policy or these Terms and Conditions will be barred from posting comments on this site.

3(I) Operates on a no nonsense approach to offenders who may just be trying to be controversial. If we have to remove more than 2 comments by you, you will be blocked and blacklisted from our site.You may NOT be notified about this but simply removed. Keep it clean and keep it FUN guys!

3(J) Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) reserves the right to immediately ban a user if there has been a serious breach of the Comments Policy or these Terms and Conditions. All decisions in relation to these matters are carried out at the sole discretion of Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”).

3(K) Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) assumes no responsibility for the deletion or the failure to store comments or other information posted on its site by you or other users of this site.

3(L) Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) reserves the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any message posted by you on this site.

3(M) By posting any material on this site, you grant us a licence to use, modify, publicly perform, publicly display, reproduce, and distribute such material. The licence you grant to us is non-exclusive, royalty free and fully paid, sub-licensable, and worldwide. You also waive to the fullest extent permissible by law any moral rights in such material. You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the licence above.

3(N) By posting any material on our site you are claiming that ………

(1) You are the owner of the material posted by you and have the right to grant the licence above for us to use it.

(2) The inclusion and posting of this material does not violate any privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any other person. You agree to pay for all royalties, fees, or any other monies owing to any person by reason of any material posted by you if it becomes an issue.

 

4. Capacity

(Parental Warning- Some Designs may contain humour or depictions of Funny, Sexual or Adult nature, so be careful with the young ones. !!)

4(A) You are only permitted to order goods from this site if you are aged 18 or over. If you are aged 16 years or over but under the age of 18 you must obtain the consent of a parent or legal guardian before ordering goods from this site and also the consent of the credit or debit card holder of the card being used to purchase the goods.

Identity Partner/Ken-Tees (aka “Ken-tees”) cannot and is not required to verify the age of consumers of the site. (it’s the parents job so get parenting folks !!)

4(B) Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) hereby informs you that by posting any comment on the website you are confirming that you 18+ or that you are 16+ years of age and have obtained the permission of a parent or legal guardian to do this and post any comment.Identity Partner/Ken-tees.com Ltd (aka “Ken-tees”) are NOT responsible for this content.

4(C) If you are using this website as a representative/staff member of another company or other entity, you acknowledge that you have the authority to enter into these Terms and Conditions on behalf of that company or entity, and agree that the terms used “you” and “your” in these Terms and Conditions refers to your company or other entity.

4(D) When you register an account with our site, you will be asked to create a “username”and“password”. You are fully responsible for all activities which occur under this username. You agree that by registering on our site that you will keep all of your passwords confidential and not share with any third party. You remain liable for these.

4(E) By registering on our site, you agree to the following………..

(1) Your account and password are yours and only yours and may not be used by anyone else to access this site.

(2) You will not create a username that is offensive, profane, promotes racism, illegal activity or violates any trade marks/copyright etc. in any way.

(3) You will not provide any false personal information for you or others on this site.

(4) You will NOT create an account for anyone other than yourself without their permission;

(5) You will not create more than one personal account.

(6) You will not create a username that contains the words “Identity Partner” or “Ken -Tees” or any variation of these which might give the impression of affiliation to our company.

4(F) You agree to notify us immediately if you become aware of any unauthorised use of your account or access to your password as we will assume that it is you Ordering products from us.

4(G) We reserve the rights to change usernames at our discretion.

4(H) We reserve the right to deactivate accounts that are inactive for an extended period of time to be determined by us.

4(I) We are not liable in any way for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

N.B.You must protect you own information.

4(J) If for any reason, we believe that you have not complied with these Terms and Conditions, we may, at our own discretion, delete information and posts by you and/or suspend or terminate your account without prior notice for any reason. You will not be entitled to any compensation if this occurs, and it will only be enacted if we suspect some unethical behaviour.

4(K) Terms and Conditions here, including, the indemnities within this document, shall survive any suspension or termination of your account and will NOT be affected by this.

5. Ordering Goods

5(A) All orders placed through our website (www.ken-tees.com) are subject to our acceptance of the order.

5(B) When you submit an order to us on our website, you will receive an order confirmation email/invoice of your order stating that we are processing your order. You will then receive a second email from us when your order has been dispatched and giving you estimated timescales for delivery (we may include a password for you to give to the Delivery person)If you do not know it, the delivery will not be made !! This is to avoid MIS-FIRES or incorrect deliveries to the WRONG PEOPLE !

5(C) You should check both emails for accuracy and let us know immediately if there are any errors. If your order does not deliver to you as a result of inaccurate address information being supplied we will not be liable to provide a replacement shirt/refund, so please BE CAREFUL with the details. (you can also include directions as well as address if you think it will help).

Please note that neither of these above emails constitute acceptance of the order by us. Your order will be accepted by us (and a contract will then be formed between us) only when we despatch the goods to you. Entitlement to the goods will pass to you on delivery and signature of the delivery docket.

5(D) We guarantee you delivery provided the address provided by you is correct. We will not be using standard delivery or national postal carrier so this should not be an issue. If your purchase does not reach you on time due to difficulties with this service we will resend your order or refund you in the form of Credit on your next purchase.

5(E) Promotional codes maybe introduced from time to time that enable customers to obtain benefits such as discounts, free delivery and/or free gifts. These codes are non-transferable so may only be used by the person to whom they are issued and must only be used in accordance with their terms and conditions of use. If you use a promotional code to claim a promotional benefit, you must first check that it was issued to you and that you are eligible to use it. By using it to claim a promotional benefit you will be confirming that:-

  • you are entitled to use the code.
  • you meet all the conditions that apply to its use;
  • you agree to the terms set out below.

5(F) If, before accepting your order, and our records show that you are not entitled to use the discount code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied.

5(G) “Ken-tees.com” do not operate an official returns policy as we check the integrity and quality of all of our goods before dispatch. Should however you wish to notify us if the package has been interfered with, you may do so by using our online contact details and we do operate a FAIR PLAY policy (Straight business), which means we will take care of you.

5(H) Please note, you are wholly responsible for all purchases made on your account and are personally liable for the full outstanding balance and management of the same account.

6. Processing your Orders, Payment and Exchange Policy

6(A) It is always our intention to keep our website up to date, correct and error free, however product descriptions or pricing errors etc. may occur from time to time. If an error is discovered, after you have submitted an order to us, we will contact you prior to accepting your order with the correct details. You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you within three days of you placing your order, we will treat your order as cancelled.

6(B) All prices shown on our website are inclusive of VAT.and where possible we try to standardize the prices.

6(C) We will accept PESAPAL payments from you at the time you place your order on our site. They offer several ways of payment under one platform.. To ensure that your PESAPAL Account is not being used without your consent, we will validate the name, address and other personal information supplied by you during the order process against third party databases. By accepting these Terms and Conditions you consent to standard pre-authorisation checks being made to ensure there is sufficient funds to fulfil the transaction. All information provided by you will be held securely and strictly in accordance with the Data Protection Acts 2013.

6(D) Items purchased (except those ordered during sales) may be returned to us for exchange, ONLY if they arrive damaged. Due to the extremely limited edition nature of our products (we printed your shirt/Phone cases etc. specifically for you) exchanges are usually not possible. However in exceptional circumstances you may receive store credit or a replacement (only with the initial design ordered and no substitutions) if you return the defective items within seven days and we agree that it is not damaged ripped or broken as a result of your own mishandling. Store credit value will equal the sale price to you of the garments purchased and can be used against future purchases. We do NOT give cash refunds. Sorry but the admin would cost more than the item.

7. Delivery

7(A) We make every effort to deliver goods within the estimated timescales, however, delays are occasionally inevitable with Traffic issues which are out of all our hands. We accept no liability for any delay or failure to deliver the products within the estimated timescales as long as we dispatch on time.

7(B) All items are subject to raw stock availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A refund will be given on request where you have already paid for the goods if we cannot deliver them even late.

7(C)We offer a guaranteed delivery. Unlike the regular post option, our registered courier service includes insurance against your shirt(s) being lost in the delivery process. If this happens we will send you a replacement shirt(s) or if possible or refund you or put credit on your account for the next purchase.

7(D) When we deliver your items to you, you will be asked to sign for the goods to acknowledge that you have received them. You may also be asked for a Secret password that would have been communicated to you as the Customer, to avoid deliveries to the wrong person. Please do NOT allow access to your E-mail accounts where this password will be, or it may allow a 3rd party to claim the T-shirt or other item

7(E) If a garment is damaged or the wrong size has been sent which does NOT match your order, please contact us by email using the form available on the contact page: www.Ken-Tees.com and we will arrange an appropriate remedy (We will send you a replacement garment immediately if this is a result of an error on our part.

8. Privacy Policy

8(A) Please ensure that you have read and understood our Privacy Policy on this site www.Ken-Tees.com to see how we collect, use and protect your personal information. We recommend that you do this before using this site or registering with us. We will only ever us this info, to liaise with you and show you special offers.

 

9. Intellectual Property

9(A) All intellectual property rights in the website design, text, graphics, the selection and arrangement thereof and all software belong to Identity Partner/Ken-Tees.com unless otherwise indicated. Identity Partner/Ken-Tees.com (trading as “Ken-Tees.com”) reserves all of its rights.

9(B) You acknowledge that unless otherwise indicated, Identity Partner (trading as “Ken-tees.com”) is the sole owner of all content on www.Ken-tees.com including, without limitation, all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the ongoing trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing of and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trademarks and other intellectual property rights.

9(C) You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at Ken-tees.com without our written permission.

9(D) We respect the intellectual property rights of others. If you believe that any material published in this website infringes any intellectual property rights, please report it by email using the email form on the contact page: Highlighting copyright and also identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.

10. Disclaimer of Liability

10(A) We promise that all products purchased through this site will correspond with their relevant description on the site, and that they will be of satisfactory quality and fit for non-commercial, domestic use. We also promise that we will carry out our responsibilities with reasonable skill and care. We do not make any other promises or warranties about the products, or our performance of the responsibilities assigned to us in these Terms and Conditions.

10(B) Save in the case of death or personal injury due to our negligence or where we have acted fraudulently, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).

10(C) The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.

11. Availability of Service

11(A) Identity Partner/Ken-Tees (aka Kentees.com) may at our sole discretion and at any time discontinue temporarily or permanently Ken-Tees.com or any part thereof with or without notice.

11(B) You agree that any termination of access to the site under any provision of these Terms and Conditions may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site.

11(C) Ken-Tees.com may be temporarily unavailable from time to time for Website maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.

11(D) Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to Ken-Tees.com. However you agree that we shall not be liable to you or any third party for any inability to access the site, termination or suspension of access to the site or modification of the service provided.

12. Entire Agreement / No Waiver

12(A) The Terms of Use applicable to ordering goods, Terms and Conditions applicable to using the website, our Privacy Statement and our Comments Policy make up the entire agreement between you and Identity Partner/Ken-Tees.com (aka Ken-Tees) and supersede any prior agreement.

12(B) Any amendment to or waiver of this agreement by you must be in writing and signed by our authorised representatives. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

 

13. Severability

If any provision of these Terms and Conditions is found to be void, invalid or unworkable the remaining provisions will continue to be of full force and effect and are not negated in any way shape or form.

 

14. Governing Law

These Terms and Conditions shall be construed in accordance with Kenyan law and you agree to submit to the non exclusive jurisdiction of the Kenyan courts in all matters regarding these Terms and Conditions and your use of “Ken-Tees.com”.

 

14. Change or amendments to the Terms and Conditions

Ken-Tees.com retain the right to change, add to or delete, or modify portions or wording of these Terms and Conditions at any time. If/when we do this, we will alert you on the site with an “updated” icon beside to the Terms and Conditions. This will appear on each page of the site for one month from the date of the change. Please note that before engaging with us, it is your sole responsibility to review the Terms and Conditions of our site to ensure it is compatible with your requirements before proceeding.

If you do not accept these Terms and Conditions or any updates/changes or variations to these Term and Conditions for ANY reason, you must not proceed with using our site.

Your continued use of our site is deemed to be FULL acceptance of these Terms and Conditions and any subsequent changes made since your first use of the site.

General Disclaimer

Copyright

All rights reserved. No part of this online publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior written permission from Identity Partner/www.Ken-Tees.com (aka “Ken Tees”).

The graphics, forms and structure contained within this site are owned by the Designers submitting to us and we cannot be held liable for typographical errors, layout error or misinformation contained herein.

While every care has been exercised in compiling and publishing the data contained in these pages , Ken-Tees.com’ accepts no responsibility for errors or omissions from of the information presented and the information is not guaranteed to be accurate.

The information comes from other sources and therefore may be wholly unreliable, and the management does not guarantee its suitability for any other purpose.

Neither nor any of its providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use.

Neither nor any of its providers of information shall have any liability for the accuracy of the information contained in the Service, or for delays or omissions therein. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.

We have not checked with sources and believe that the sources of the content to be reliable and that their efforts to provide information are complete and generally in accord with the standards accepted at the time of publication. However, in view of the possibility of human error, neither nor any other party who has been involved in the preparation or publication of this work warrants that the information contained herein is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such information. Viewers of our site are encouraged to confirm the information contained herein with other sources.

General Server Disclaimer

Identity Partner/www.Ken-tees.com, reserves the right to remove without notice any material which in its sole discretion it deems to be unsuitable for dissemination via its World Wide Web server(s).

In order to ensure that the information presented here are complete and up-to-date, some staff are permitted to access and alter various portions of the information presented by this server. Thus, we make no guarantees as to the accuracy or quality of information stored here. If misleading or otherwise inappropriate information is brought to our attention, a reasonable effort will be made to fix or remove it. Such concerns should be addressed to the author of the material (if known). Any enquiries pertaining to these Copyright and Disclaimer Statements should be made directly to .

Whilst every care is taken by in the provision of the service, shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the service or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through this server.

Identity Partner/www.Ken-Tees.com, shall also not be held liable for any actions, claims, proceedings, costs, losses and damages whatsoever including but not limited to libel, slander or infringement or copyright or other intellectual property rights or death, bodily injury or property damage and howsoever arising out of or in connection with or by reason of the operation, provision or use of this service.

Identity Partner /www.Ken-Tees shall not be further held liable in any manner whatsoever for ensuring that in using this service all applicable laws, rules and regulations for the use of any telecommunication systems, service or equipment shall be at all times be complied with.


 

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