Introduction

Welcome to Carata.co.ke. Carata and/or its affiliates (“Carata”) provide products and services to you when you visit or shop at Carata.co.ke, use Carata products or services, use Carata applications for mobile, or use software provided by Carata in connection with any of the foregoing (collectively, “Carata”).

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.carata.co website and the Carata mobile application (the “Service”) operated by Carata (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you do not want to be bound by the terms of this Agreement, you are advised to terminate your use of Carata. Carata only grants use and access to its products, and its services to those who have accepted its terms.

Definitions

“Agreement” references these Terms and Conditions (T&Cs), the Privacy Policy, any payment instructions provided to you and any other form we might provide to you;

“you”, “your” and “yours” are references to you, the person accessing this Website, and placing the orders for the Goods or Services we display on it. Access through any other channel provided by Carata will also bound you to these Terms and Conditions;

“we”, “us”, “our”, and “Carata” are references to the Company;

“Goods” is a reference to any goods which we may offer for sale from our Website at a given time;

“Service” or “Services” is a reference to any service which we may supply and which you may request via our Website;

“Affiliates” means any person or entity which Controls, is controlled by, or is under common Control with, such person or entity;

“Control” means the (i) ability to directly or indirectly control or exercise control over the majority of the voting rights associated with the shares of an entity; (ii) right to appoint, elect or control board members of the entity who control a majority of the votes at as board meeting; or (iii) ability to materially influence the policy of the entity in a manner comparable to a person exercising control in terms of (i) or (ii);

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation. Once you place an order online, we will send you an email or a text message to confirm that we have received it. This confirmation will be produced automatically and will just give you confirmation of your order details so that you can check that all details are correct.

User accounts

As a user of this website and mobile application, you may be asked to provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your information provided.

If you think there are any possible issues regarding the security of your information on the website, inform us immediately so we may address them accordingly.

We reserve all rights to edit or remove content and cancel orders at our sole discretion.

Product and Services information

The products offered on the site are available in select shops throughout Nairobi, Kenya; however, prices and availability may vary. Product availability and some prices offered in the shop may vary based on your location. Prices shown on the site apply to products and services on the site. Price and availability are subject to change without notice.

We attempt to display all products shown on the site in an accurate manner; however, because of the technical differences in the equipment we cannot be responsible for photographic differences in size, shape and color of the product, and hidden defect.

Delivery

Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary. Goods will be delivered to the delivery address you stated when placing the order.

If the Goods are not delivered within the estimated delivery time quoted by us, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.

We will also contact you to notify you that there may be delay if we didn’t find your items around you and we are going further to look for them.

In case of a late delivery, the delivery charge will neither be voided nor refunded by Carata.

All risk in the Goods and/or food shall pass to you upon delivery.

If you fail to accept delivery of food and/or goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

You must ensure that at the time of delivery of goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

Cancellation

We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;

If we can only do a partial delivery (a few items might be not available), we shall inform you or propose a replacement for missing items. You have the right to refuse a replacement before delivery and get a refund on the missing items;

You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. If we accept your cancellation, no cancellation fee applies. If we refuse cancellation, e.g. because order has already been purchase, has been completed and/or delivery personnel has already been dispatched, it may not be cancelled.

Payment Information and Privacy

All payments shall be made using the Safaricom M-pesa mobile money transactions. Thus we are bound by their privacy policy.

Before you continue using our website and or mobile application, we advise you to read the Safaricom privacy policy [M-Pesa Customer terms and condition] regarding our user data collection. It will help you better understand our practices.

Carata role

You acknowledge that:

• Carata delivers items you purchase on the site from any shop on a ‘as in’ and ‘as available’ basis
• Products on the site are not link to a particular shop

Age restriction

You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age and you may legally adhere to this Agreement. Carata assumes no responsibility for liabilities related to age misrepresentation.

Applicable law

By visiting this website and mobile application, you agree that the laws of Kenya, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Carata and you, or its business partners and associates.

Disclaimers and Limitations/ Liability

CARATA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICE ARE PROVIDED BY CARATA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CARATA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CARATA SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, CARATA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARATA DOES NOT WARRANT THAT THE SERVICES, INFORMATION, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, CARATA SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CARATA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CARATA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Indemnity

You agree to indemnify and hold Carata and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Carata’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

ADDITIONAL CARATA SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Carata (the “Carata Software”).

• Use of the Carata Software. You may use Carata Software solely for purposes of enabling you to use the Carata Services as provided by Carata, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Carata Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Carata Software in whole or in part.
• Use of Third Party Services. When you use the Carata Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
• No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Carata Software, whether in whole or in part.
• Updates. We may offer automatic or manual updates to the Carata Software at any time and without notice to you.
• Conflicts. In the event of any conflict between these Conditions of Use and third-party terms applicable to any portion of Carata Software, such as open-source license terms, such other terms will control as to that portion of the Carata Software and to the extent of the conflict.

Other Provisions

General

• All prices are in Kenya Shillings.
• Payment must be made at the time of ordering the Goods or Services from us by mpesa mobile money service.
• All order should be placed using the website or mobile application. Carata shall not be a liable for orders made to delivery person by way of calls.
• You may not assign or transfer these Terms in whole or in part without Carata’s prior written approval. You give your approval to Carata for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Carata’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Carata or any Third Party Provider as a result of the contract between you and Carata or use of the Services.
• If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under the law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.
• These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us.