Welcome to Businessclaud. We are committed to providing a fair, trusted, and a secure online marketplace for buyers and sellers. To support this commitment, we have put in place terms and conditions that govern our expectations from buyers and sellers including the actions that the company will take to ensure that our customers are safe, and fully protected if something goes wrong.
The Terms and Conditions apply to Businessclaud’s site and any affiliate operated sites. By accessing our Site, you confirm that you understand our Terms and Conditions. If you do not agree with the terms, then that means you cannot use the company`s website. Kindly go through the Terms and Conditions listed below diligently before using this website as your use indicates that you agree to be fully bound by our Terms and Conditions without modification. If you are not sure or do not clearly understand any of the stated terms or in any case have questions regarding these Terms and Conditions, kindly do not hesitate to reach us for clarification. These Terms and Conditions fully govern the access of Businessclaud’s ecommerce Website.
TERMS AND CONDITIONS OF USE
Use of Businessclaud.com
A member should also NOT :
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.
Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, and b) emails asking you to review Businessclaud and your purchase and c) promotional emails, SMS and push notifications from Businessclaud. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please email us through the address provided on the website.
Information available on the website
You accept that the information contained in this website is provided “as is, where is”, is intended for information purposes only and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either representation or a warranty or a guarantee.
We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Website. We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.
Accessibility of Website
Our aim is to ensure accessibility to the website at all times, however, we make no representation of that nature and reserves the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, scheduled maintenance or may also be due to outside factors beyond our control.
Links and Third Party Websites
We may include links to third party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise. In the event the user follows a link to another website, he or she does so at his or her own risk. We accept no responsibility for any content, including, but not limited to, information, products, and services, available on third party websites. Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code, and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors. Any unauthorized use of the material and content of this website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
TERMS AND CONDITIONS OF SALE
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification prior to making a purchase. These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
Formation of Contract
Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process. Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
Acceptance of Electronic Documents
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Payment and Pricing, and Refund
Businessclaud.com is determined to offer the most accurate pricing information on our site to our users, however, sometimes errors are bound to occur, for instance where the price of a product is not displayed correctly on our website. As a result, we reserve the right to cancel or refuse any order. In cases where an item is wrongly priced, we may at our discretion, contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
Businessclaud.com’s website will only deliver goods to customers within Kenya. Goods will be delivered within the stipulated timeline set out on our site. Nevertheless, delays may occur due to unforeseen circumstances. We will not be under any liability for delivery failure or delay of the product within the estimated deadline where they did not occur as a result of negligence or our fault. You agree not to hold us liable for any failure or delay to deliver products. You are required to perform any obligation as stated in our Terms and Conditions of Sale if the same partly or wholly caused directly or indirectly by circumstances beyond our reasonable control.
You will indemnify and hold us (including our affiliates and subsidiaries, respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of Businessclaud.com’s services or your breach of any law or the rights of a third party.
When buying an item, you agree to the rules and policies for buyers and that:
You are responsible for reading the full item listing before committing to buy
You enter into a legally binding contract to purchase a product or service when you commit to buy it.
Authorization to Contact You; Recording Calls; Analyzing Message Content
Businessclaud.com may contact clients using auto-dialed or prerecorded calls and text messages, at any telephone number that you have provided us, too (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you.
Businessclaud.com may also contact you using auto-dialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions) if you consent to such communications.
Businessclaud.com may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with eBay or its agents for quality control and training purposes, or for its own protection.
Businessclaud.com`s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Businessclaud.com`s User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message are sent, or while in storage, and may result in your message being delayed or withheld. Businessclaud may store message contents, including to conduct this scanning and analysis.