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Please read the terms and conditions (“Terms and Conditions”) set out below
carefully before ordering any Goods or Services listed on www.okoafood.com
(“Website”). By visiting our Website, using our App, registering an account with us or
by ordering any Goods or Services from this Website, by phone, or by App you agree
that you have read and understand these Terms and Conditions and that you accept
and agree to be bound by them.
We reserve the right to modify or update our Terms and Conditions at any time
without prior notice. It is your responsibility to check for any changes in our Terms
and Conditions.
A breach or violation by you of any of our Terms and Conditions will result in the
immediate termination of provision of services to you without further reference to
you.
Introduction
Okoa Foods is a limited liability company incorporated and existing under the laws of
Kenya, with its headquarters in Nairobi Kenya (“the Company”), the owner and
operator of www.okoafood.com (“Okoa Food”).
The Company is engaged in the business of building, operating and managing an
online marketplace with its trade name “Okoa Food” that provides personal shoppers
to purchase your ordered Goods from the Participating Retailers and provide delivery
service to your doorstep on www.okoafood.com, an Internet domain property
registered under the Company’s name.
Okoa Food provides a Platform to enable the registered Customer to place, accept,
conclude, manage and fulfil orders for the sale and purchase of Goods and/or
Services online via this Website and/or the App. THE PARTIES HEREBY AGREE AS
FOLLOWS:
Definitions
– “Agreement” refers to this Terms and Conditions, the Privacy Policy, any order form,
and the payment instructions provided;
– “App” refers to the installable mobile application of Okoa Food;
– “Checkout” refers to completion of the cart checkout process on our App/Website
that results in an Order confirmation;
– “Customer” refers to any person, firm, company or body registered with Okoa Food
to place an Order on the Website and/or App;
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– “Delivery” refers to goods and any form of delivery service, which are provided by
the Company;
-“Goods” refers to the consumer products which are on retail sale by the
Participating Retailer, including but not limited to groceries and daily needs for
consumer use and / or consumption and which are made available through its
Premises. Notwithstanding the above, Okoa Food shall have absolute discretion not
to include any such identified Goods on the Platform at its sole and absolute
discretion;
– “Independent Contractor” refers to any third party individual rider or rider company
engaged by the Company to provide delivery service;
– “Opening Hours” refers to any time and day during which a Premise of the
Participating Retailer is open to the general public;
– “Order” refers to confirmed shopping cart submitted by you upon checkout from
the Website or App;
– “Participating Supplier or Retailer” refers to a third party, which is cooperating with
Okoa Food to supply the Goods and Services (if any);
– “Platform” refers to an online market place known as www.Okoafood.com, an
internet domain property registered under the Company’s name, for the Customer to
purchase groceries from different Participating Retailer via the Website or App;
– “Privacy Policy” refers to the agreement as displayed on this site, governing how
we collect and store data;
– “Premise” or “Premises” refers to the outlet or store where the Participating Retailer
keeps and sells the consumer products to the public;
– “Service” or “Services” refers to services which we may supply and you may request
from our Website or App including such services provided by third party service
providers such as payment gateway services;
– “Service Fee” refers to the delivery charges and shopper fees that you will be
charged upon placing an Order with Okoa Food;
– “Total Bill” refers to the total price for Delivery, Goods or Services ordered,
including any other charges or taxes including but not limited to Value Added Tax
(“VAT”), Digital Service Tax, government duties and other levies imposed at any time
by the government that shall be charged to you upon completion of your Delivery;
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– “We”, “Us”, “Our”, “Okoa Food”, “the Company”, all reference to the Company;
– “Website” refers to the online market place owned and operated by the Company
and known as “Okoa Food”, an e-commerce Platform having its domain at
www.happyfresh.my or any subdomain thereof on which we offer our Goods and
Services;
– “You”, “Your”, “Yours” refer to you, the individual or representative of corporate
body accessing this Website or App to order Goods and Services from the Website
or App or any other way to order from Okoa Food.
A. Okoa Food Consumer Terms and Conditions
1. Account
Registration of Account
1.1 Before placing an Order from Okoa Food, you are required to provide a valid e-mail address, telephone contact and create your own password for the purpose of
registration of an account with us. You must ensure that you keep the combination
of these details secure and do not provide this information to a third party.
1.2 Only one (1) Okoa Food account is allowed for each registered phone number.
Additional accounts may be allowed at our discretion. Furthermore, the number of
devices you may use to log into your Okoa Food account may also be subject to
limitations.
User information
1.3 When using our Website and/or App, you agree to provide us with the correct
required information and warrant that:
a) The provided information is correct and complete and shall inform us immediately
of any changes of the provided information;
b) the MPESA and other mobile money wallets ,credit or debit card details that you
provide are your own MPESA and other money wallets, credit or debit card and that
you have sufficient funds to make the payment or repay the 30 day loan availed to
you ;
c) You are eighteen (18) years old and above; and
d) The Goods and/or Services are for your own consumption/use or for resale.
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Suspension / Termination of Account
1.4 Okoa Food has absolute discretion and rights to refuse registration of any
account and to terminate the registration of any account for any reason whatsoever.
1.5 We consider the following actions as wrongful use of Okoa Food account,
including but not limited to:
i. Usage of account for any illegal activities in accordance to the laws of Kenya;
and/or
ii. Usage of multiple Okoa Food accounts for purchases related to Okoa Food
promotions; and/or
iii. Creation of account on behalf of another person or entity without their
authorization.
1.6 In the event that: (i) our systems detect multiple accounts being linked to your
phone number; (ii) wrongful use of Okoa Food accounts as detailed in Clause 3.5; (iii)
payment methods that we deem suspicious; (iv) multiple instances of payment
failure; or (v) any of the information given is incomplete, invalid, false or wrongful, we
reserve the right to:
i. Cancel any of your current or future Order;
ii. Immediately terminate your access to our Services without further reference to
you;
iii. Suspend your Okoa Food account and/or payment accounts indefinitely; and
IV. Immediately cease all further communication with you.
Non Liability
1.7 We will take all reasonable care, in so far as it is in our power to do so, to keep
the details of your Order and payment secure, but in the absence of negligence on
our part we shall not held liable for any loss you may suffer if a third party procures
unauthorized access to any data you provide when accessing or place an Order from
the Website or App.
1.8 We shall not be held liable to you for any losses (monetary or otherwise),
liabilities, costs, damages, charges or expenses arising out of the actions or
consequences stated in Clause 3.6.
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2. Order
Acceptance and Formation of Contract
2.1 There will be no contract of any kind between you and Okoa Food unless and
until we actually dispatch the Goods to you. Your Order is an offer to buy from us.
Nothing said or done by us will be considered any acceptance of that offer until your
Order has been dispatched to you. Only once the goods are dispatched, a contract
will be made between Okoa Food and you, and you will be charged accordingly for
the Goods and Services provided. For avoidance of doubt, by placing an Order with
Okoa Food, you hereby agree and acknowledged that you are entering a contract
with Okoa Food only and to liaise with Okoa Food directly on the Order, delivery
service and/or refund.
2.2 We reserve the right to cancel your Order and/or deny you access to our services
should any of these required information be found to be incomplete and/or invalid
and/or for any reason at any time. This is done at our sole discretion and reasons
need not be assigned. You fully agree and understand that your remedy as a
Customer in the event of any cancellation is the refund of the amount paid by you in
respect of such cancelled transaction. Okoa Food shall not be responsible for
additional compensation and you shall have no right to insist on the completion of
your Order and/or delivery of the Order.
2.3 The Goods delivered can be for your own use or resale so long as there is an
official agreement between you and Okoa Food. However we, reserve the right to
refuse and/or cancel Order for any reason thereof.
2.4 We reserve our rights to request you to present valid identity card for verification
purpose upon placing and Order and/or Delivery of the aforesaid items. We shall at
our sole discretion decide not to hand over the items to you if you fail to provide
your identity card upon our request. You will still be charged for the items despite
them not being delivered to you.
2.5 The availability of items as presented in our Website or App depends on the
stock in the Premises of the Participating Retailer and we shall not guarantee that all
the items you ordered will be available.
2.6 We reserve the right to set limits for quantity of items that you may order (this
can refer to (i) the total amount of items in your order; and/or (ii) quantity available
for purchase for each individual item published in our Website or App). If the
quantities of your Order exceed either of these limits, we reserve the right to amend
or cancel your Order. We will endeavour to inform you in advance in the event we
are unable to deliver your Order due to these limits.
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2.7 We will deliver strictly based on the item’s quantities indicated in your checkedout cart. Any variation of the quantities mentioned via any other form of
communication (including but not limited to message to shopper and/or driver notes
or live chat) will be disregarded.
2.8 Packaging charges will be added to your Total Bill. The cost of packaging
depends on the choice of biodegradable plastic or reusable bag selected during the
Checkout process. If you do not select a packaging option, a default packaging
option (which varies from store to store) and its costs will be applied to your order.
2.9 Each order shall be subject to a minimum value of KES 250
3. Prices and Payment
Guide Price
3.1 All prices set by Okoa Food in collaboration with Participating Retailer listed on
the Website or App are guide prices only and are only approximate. We reserve the
right to change these prices at any time. Prices are inclusive of the relevant taxes
imposed by the Kenyan government (if applicable), delivery charges and our Service
Fees. We also reserve the right to alter the Goods or Services available for sale on the
Website, terminate any Participating Retailers, and/or discontinue any Goods or
Services at any time.
Total Bill
3.2 The Total Bill for Delivery, Goods or Services ordered, including delivery charges
and other taxes and shopper charges, will be displayed on the Website or App when
you complete your Order at your check out cart. We shall not supply the Goods to
you until we have accepted your Order. Acceptance of your Order by Okoa Food
shall take place when you received our confirmation of order stating that we are
accepting your Order.
Mode of Payment
3.3 Full payment must be made for all Goods dispatched and Services provided.
Payment can be made by: (i) online payment via credit or debit card; or (ii) cash-ondelivery; or (iii) Mpesa or any other Mobile Money -wallet.
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Price Difference
3.4 Your Total Bill may be varied from the guide price initially displayed on the
Website or App when you placed your Order. This difference of price can be due to
one or more of the following reasons:
i. Weighed products – We cannot guarantee that you will get the exact weight as
displayed on the Website/ App when you ordered for your items. You will be paying
for the item based on the weight determined upon completion of your order’s
shopping and dispatching.
ii. Replacements – When the original item you ordered is unavailable at the Premises,
we may instead deliver you a replacement item that you can choose to accept or
decline. If you accept the replacement item, you will be charged on its full price
instead of the price of your original item.
iii. Changing in-store prices – The prices at the Participating Retailer’s Premise may
vary on a daily basis and the final price charged to you is subject to our discretion.
Unless otherwise communicated, the price of the item you will be paying will be the
price as stated on the Website/ App on the day you ordered. This price is stated in
your Order confirmation email. Should price changes be required, we will endeavour
to communicate this with you before the completion of your Order.
iv. Technical errors – Should pricing discrepancies due to technical errors occur, we
reserve the right to amend your Order and/or your Total Bill. We will endeavour to
communicate with you regarding such price changes before the completion of your
Order.
3.5 If you are dissatisfied with the pricing differences of your items that resulted from
the reasons stated in 5.4, you are entitled to reject the items upon delivery. You will
not be charged for any item that you did not accept.
Payment by credit / debit cards
3.6 If you choose online payment, you must provide your payment details before
your Order is delivered. To ensure that shopping online is secure, your debit/credit
card details will be encrypted to prevent the possibility of someone being able to
read them as they are sent over the Internet. Your credit card issuer may also
conduct security checks to confirm it is you placing the Order.
3.7 You agree that for credit card or debit card payments and / or the adding of new
cards on your Okoa Food profile, we will authorize a small sum for card verification
purposes. You will not be charged for this amount.
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3.8 You agree that by saving your card details on any of our platforms you are
allowing us to make recurring charges to your card. These charges are made without
you needing to insert security one time pins (OTP).
3.9 If you choose to pay by credit card, we will first pre-authorize the amount billed
during Checkout. Please note that you are not being charged during this
authorization. It simply means that we are sending a request to the issuing bank of
your credit card to verify that the credit card is valid and has sufficient funds to cover
your Total Bill. Some banks may send a notification regarding this pre-authorization.
Upon delivery, (i) if your Total Bill amount is higher than the amount pre-authorized
during Checkout, your credit card will be charged a second time via recurring
charges for the balance between your Checkout amount and final Total Bill. Some
banks may send a notification regarding a second charge. If your credit card
transaction is declined for this second charge, we will request for the additional
amount in the form of cash on delivery; and (ii) if your final Total Bill is lower than the
amount pre-authorized during Checkout, your credit card will be charged for the new
Total Bill and the balance will return to your card in accordance with your bank’s
standard practices; and (iii) if your Total Bill amount is the same as the amount
during Checkout, the amount pre-authorized during Checkout will be charged to
your credit card. Your bank will update the final charge on your statement
accordingly after delivery.
3.10 If you choose to pay by debit card, your card will be charged at Checkout. Upon
delivery, (i) if your Total Bill amount is higher than the amount charged during
Checkout, your debit card will be charged a second time via recurring charges for the
balance between your Checkout amount and final Total Bill. Some banks may send a
notification regarding a second charge. If your debit card transaction is declined for
this second charge, we will request for the additional amount in the form of cash on
delivery; and (ii) if your final Total Bill amount is lower than the amount paid during
Checkout, the balance will be refunded in accordance with your bank’s standard
practices; and (iii) If your Total Bill amount is the same as the amount during
Checkout, no additional charges or refunds will be processed. Your bank will update
the final charge on your statement accordingly after delivery.
3.11 In the event of failed credit or debit card payment, our Total Bill must be made
via cash on delivery. Failure to pay with cash on delivery will result in the cancellation
of your Order and your items will be returned to the store.
Payment by MPESA or any other mobile wallet
3.12 If you choose to pay by MPESA or any other mobile-wallet, your wallet credits
will be deducted at Checkout. Upon delivery, (i) if your Total Bill amount is higher
than the amount charged during Checkout, we will request for the additional amount
in the form of cash on delivery; and (ii) if your final Total Bill amount is lower than the
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amount paid during Checkout, the balance will be refunded automatically to your
MPESA or any other mobile wallet account in the form of credits within the same day
of delivery; and (iii) If your Total Bill amount is the same as the amount during
Checkout, no additional charges or refunds will be processed.
3.13 All MPESA or any other mobile -wallet refunds due to amount differences
between Final Bill and Checkout amount (as detailed in 5.12) as well as order
cancellations and failed deliveries will be completed within 24 hours of delivery
completion. We will endeavour to get in touch with you with alternative refund
options in the unlikely event that these refunds fail to occur. You may also contact us
at mysupport@Okoafood.com.
Electronic Receipt
3.14 We will provide with a physical receipt for your Order upon delivery. A digital
order confirmation and payment receipt (after payment made) will be emailed to you
upon completion of your Order.
Promotion or discount
3.15 All discounts and promotions apply to the net total amount (adjusted for Out of
Stock Items) but not the gross total. For example: If there is a promotion running for
10% OFF with a minimum purchase price of KES150, Out of stock Items are KES 20
then your net total amount would be KES 130. Therefore, the promotion of 10% OFF
will apply to KES130 and not KES 150.
3.16 By using our services, you agree to be bound by all our promotion terms and
conditions that may be published on our Website, App and any other social media
platforms and/or various websites and landing pages.
3.17 Offers, promotions and incentives are subject to our absolute discretion and
may be modified and / or withdrawn at any time and without notice.
3.18 The vouchers and/or promo code given are only applicable for current delivery.
The vouchers and/or promo code will not be applicable if you choose to cancel it for
current delivery. We reserve the right to withdraw or cancel any promo code for any
reason at any time. We will not be held liable for any loss arising from the refusal,
withdrawal, cancellation or inability to use our promo code.
3.19 In the event we have a reasonable belief that there exists an abuse of vouchers
and/or promo codes or in suspected instances of fraud, Okoa Food may cause the
shopper (or Customer) to be blocked immediately and reserves the right to refuse
future service. Additionally, should there exist an abuse of vouchers or discount
codes, we reserve the right to seek compensation from any and all violators.
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4. Delivery
Delivery Area
4.1 Delivery periods quoted at the time of ordering are approximate only and may
vary. Goods will be sent only to the address provided by you in the ‘Delivery Address’
section before completion of your payment in the checkout cart. Addresses added in
either Shopper or Driver Notes or live chat will be considered as invalid and will not
be eligible for any deliveries. Customers are not allowed to change delivery address
after the Order is confirmed. Please note that delivery address inaccuracies and/or
discrepancies may result in order cancellation. Okoa Food delivery service is available
in selected areas. You are advised to check the Website and/or App on the
designated Okoa Food delivery areas prior to your placement of any Order. We shall
reserve our rights to inform you earlier and to cancel your Order if we are unable to
deliver to your location.
Delivery Time
4.2 The delivery periods selectable are 1-hour or 2-hour timeframes. There is a
limited slot available in each delivery period. We shall not guarantee that you will be
able to choose the delivery period you desire. Such inaccessibility of delivery periods
will be indicated by the Website or the App. The Delivery period shall be agreed
upon your placement of Order. The Delivery time is based on the Opening Hours of
the Premises by the Participating Retailers.
4.3 Okoa Food may employ Independent Contractor to ensure delivery of Goods and
Services in the timeframe selected in the Website or App. We will take great care to
ensure that delivery is done in the timeframe selected in the Website or App. Delivery
may not be available during rain or severe weather condition. Neither Okoa Food,
the Independent Contractor nor the Participating Retailer shall be held liable for any
losses, liabilities, costs, damages charges or expenses arising out of any delay,
postponed or cancelled delivery. If the Goods are not delivered within the selected
timeframe (except weather condition), or for any other inquiry regarding delivery,
please contact mysupport@Okoafood.com, as indicated by the Website or App.
Delivery Charges
4.4 We require a minimum spending of an amount of KES 250 or as stated in our
App/ Website on the selected Participating Retailer page to entitle for the delivery
services. The delivery charges for each timeframe may vary depending on slot
demand. Furthermore, the delivery charges may increase depending on the distance
from the chosen Premises of the Participating Retailer to your Delivery Address.
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Risk of Goods
4.5 All risk in the Goods shall pass to you upon acceptance of delivery of the Goods.
The customer must check the quantity and specifications of the goods before signing
the delivery note.
Failed Delivery
4.6 Our riders will only wait for ten (10) minutes once they arrive at your selected
delivery address. If you are unable to collect your Goods and/or refuse/delay/fail to
respond to our communications regarding Goods collection within this time-frame,
the Order will be classified as a ‘failed delivery’ and the rider will return to the
Premises with all the items. Service fee and delivery charges are still applicable and
chargeable.
4.7 (i) If you fail to accept delivery of the Goods delivered to you, during the time of
delivery; or (ii) if we are unable to deliver at the selected delivery period due to your
failure to provide sufficient and/or appropriate instructions, then such Goods shall be
deemed delivered to you and all risk and responsibility in relation to such Goods
shall pass to you. Any storage, insurance and any other cost or expense that we incur
as a result of the inability to deliver shall be your responsibility and you shall
indemnify us in full for such cost.
In such cases, we always reserve the right to cancel your Order and/or have your
items sent back to the store.
4.8 At the time of Delivery of Goods, you must ensure adequate arrangements,
including access where necessary, are in place for the safe delivery of such Goods.
4.9 We or our rider shall not be held liable for any loss, damage, cost or expense
incurred to such Goods or premises:
(i) your failure to provide adequate access or arrangements for delivery;
(ii) at your request to complete the delivery procedure due to your absence whereby
leaving the Goods at your doorsteps, lobby, guardhouse or designated recipient;
(iii) your request to deliver the Goods to the Delivery Address.
4.10 Your Goods will be delivered to the delivery address you provided in the
checkout cart of our Website or App. We always reserve the rights to deliver your
Order only to the main entrance of your delivery address (such as the lobby of your
apartment or condominium).
4.11 With your express consent, you may request our rider to deliver your Goods to
the particular floor of your delivery address or into your kitchen or living space at
your own risk.
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Recipient
4.12 Upon delivery of the Goods, if our rider has doubt over the age of the recipient
of the Goods, he is entitled to request the recipient to produce identity card to prove
his age. If the recipient is found to be below eighteen (18) years old or failed to
produce identity card, our rider shall not hand over the Goods to the recipient and to
return the Goods to Okoa Food.
4.13 If you have chosen to pay by cash on delivery and our rider does not provide
sufficient change upon finalization of your Order or if there are discrepancies in your
Total Bill (i.e. you paid for an item that you did not receive), you may report the
incident to us by reaching out to our customer service department. We will review
your claim and at our sole discretion may choose to provide you with a voucher code
worth the total sum owed to you. We will not send the rider or any other
representative to your delivery address to provide you with cash.
4.14 Okoa Foods may deliver the goods in instalments which shall be invoiced
separately.
5. Cancellation
5.1 We may cancel your Order if your product(s) is not available for any reason. You
are entitled for refund at the price which you have paid during checkout cart via
online payment, subject to the period of time your bank required to arrange such
refund.
5.2 Once our shopper has started picking the items of your Order, for technical
reasons, you cannot cancel the Order.
6. Return and Refund policy
Inspection of Goods upon Delivery
6.1 You are advised to check, inspect and examine your items upon delivery. Our
rider will assist you in this process. You are entitled to reject items that you deem
unacceptable by giving reason to our rider. Okoa Food reserve the rights to approve
or disapprove your request and our decision is final. The total price of all such
rejected items will be deducted from your Total Bill upon approval from Okoa Food
management, net of discount.
6.2 We allow you to reject the following category of Goods within the specific time:
a) Perishable Goods and Semi Perishable Goods (example fish, vegetables, dairy
products, fruits, tomatoes , onion, potato, etc.) – at the time of delivery;
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b) Non Perishable Goods (example canned products, dry goods etc.) – At the time of
delivery OR within twenty four (24) hours from the delivery time of the Goods.
6.3 If you are dissatisfied with the items delivered or are unable to receive the items
you ordered, we will not proceed with a redelivery of your desired items or aid you in
exchanging your items free of charge. In such cases, you may proceed with making a
separate order that includes your desired items.
Rejection of Goods after Delivery
6.4 In the unlikely event that after completion of delivery, you find products that are
deemed unacceptable by you, you have the right to submit an item rejection
complaint, providing reasons why the product(s) are not acceptable to our customer
service within twenty four (24) hours from the time of Delivery. Any request for
refund made after twenty four (24) hours shall be invalid and shall not be processed
by Okoa Food. If your refund request is approved, we shall notify you on the date
and time that our rider will collect the rejected items from you without any charges.
The refund will only be processed after the rejected items have successfully been
collected by Okoa Food.
6.5 We reserve the rights to request from you proof of damaged, substandard or
missing Goods (photograph). All proof must also be provided to us within twenty
four (24) hours from the time of Delivery for refunds to be considered. Refunds will
be made at our sole discretion and will only be processed upon our review and
successful verification of proof and/or collection of the item(s) from you by our rider.
We will provide status update on the refund to you via email as soon as practical.
Refund of money paid on the Unaccepted Item
6.6 We shall review your claim at our sole discretion. After being approved by our
management, such refund shall be made in accordance to the following payment
method upon placement and/or completion of your Order:
(i) Payment via credit card or debit card
We will notify you via email on the approval of refund and you are advised to check
with your issuer bank on the status of refund (each issuer bank will have different
time period to reflect the refund sum in the bank account/ statement).
(ii) Cash on Delivery or Mpesa or other Mobile-wallet
We will send you a voucher/promo code via email within five (5) working days from
the date of approval of refund. This voucher/promo code will entitle you to a
discount on your next order equivalent to the refund amount.
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(iii) Where credit is granted, unless otherwise agreed in writing, all sums payable in
respect of the Products must be paid without deductions within 30 days from the
end of the calendar month in which the invoice was raised.
Failure to pay by the due date shall entitle Okoa Food to suspend delivery of all
unexecuted or future orders. The time for payment of the price of the Products shall
be of the essence.
Okoa Food reserves the right at any time in its absolute discretion to demand
immediate payment of any account whether due or not and to take legal action to
recover the debt and costs.
If payment is not made in accordance with this Condition, Okoa Food reserves the
right to charge a penalty on the overdue balances for the period from the date on
which payment became due until the date on which payment is made including any
period after the date of any judgement or decree against the Customer. In addition
each overdue payment will attract a late payment compensation fee of KES 500
Okoa Food reserves the right in its absolute discretion to refuse to grant credit and in
the event the Customer enters into an insolvency arrangement or the Customer’s
credit rating or financial standing deteriorates in a way that presents a credit risk, the
Company may remove any credit terms previously agreed with the Customer and
(without prejudice to any other rights that the Company may be entitled to) impose
new payment terms, including payment on delivery.
Okoa Food may, at any time, without limiting any other rights or remedies it may
have, set-off any amount owing to it by the Customer against any amount payable
by the Company to the Customer.
If for any other reason you are not satisfied with the service we provide, you can rate
the service through the Website or App.
All refunds for orders will be processed net of discount. For example, if you used a
10% discount voucher for your order and would like to reject an item which has an
original price of KES 5, your final refund amount for the item will be KES 4.50.
7. Personal Data
7.1 Where we have requested information (such as your name, telephone number,
address, email address and other information as required) from you for registration
of account, payment of your Order and to ensure Delivery of Goods and Services,
you agree to provide accurate and complete information.
7.2 You authorize us to collect, use, store or otherwise process your personal
information for the purpose stated in Clause 9.1, verifying your credit or debit card,
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investigate complaints and suspected suspicious transaction, and improve service
usage and for marketing and credit control purposes (the “Purpose”). The Purpose
may include the disclosure of your personal information to receive offers and
promotions from us or selected third parties or our affiliates from time to time where
we believe that the services offered by us or such third parties may be of interest to
you or where this is required by law or in order to provide the Delivery of Goods or
Service to you. More information can be found in our Privacy Policy.
8. Linked Sites
There may be a number of links on our Website to third party Websites which we
believe may be of interest to you. We do not represent the quality of the Goods or
Services provided by such third parties nor do we have any control over the content
or availability of such sites. We shall not be liable for any responsibility for the
content of third party Websites or the Services or Goods that they may provide to
you.
9. Complaints
We take our customers’ complaints very seriously and aim at responding to your
complaints as soon as possible. All complaints should be addressed to
mysupport@OkoaFoods.com
10. Limitation of Liability
Website or App
10.1 We endeavour to ensure that the information on this Website or App is correct
and error-free at all times. Despite our best efforts, we do not warrant that the
Website or App will always be error-free and that the use of Website or App will be
fit for purpose, timely and that defects will be corrected, and that the site or the
server that makes it available are free of viruses or bugs or represents the full
functionality, accuracy, reliability of the Website or App and we do not make any
warranty whatsoever, whether express or implied, relating to fitness for purpose, or
accuracy.
10.2 We do not accept any liability for any delays, failures, errors or omissions or loss
of transmitted information, viruses or other contamination or destructive properties
transmitted to you or your computer system via our Website or App.
10.3 We have taken all reasonable steps to prevent Internet fraud and ensure any
data collected from you is stored as securely and safely as possible. However, we
cannot be held liable in the extremely unlikely event of a breach in our secure
computer servers or those of third parties.
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Goods
10.4 By accepting these Terms and Conditions, you agree to relieve us from any
liability whatsoever arising from your use of information from any third party, or your
use of any third party website, or your consumption of any Goods from Participating
Retailers.
10.5 We disclaim any and all liability to you for the supply of the Delivery, Goods and
Services to the fullest extent permissible under applicable law. This does not affect
your statutory rights as a consumer. If we are found liable for any loss or damage to
you such liability is limited to the amount you have paid for the relevant Goods or
Services.
10.6 We shall not be liable for any indirect and consequential loss, damage or
expense, including any direct or indirect loss such as loss of profits or income to you
or third party, damage to the property, howsoever arising out of the use of the
Website or App or any Goods and Services purchased from us.
Force Majeure
10.7 We shall not be held liable for any failure or delay in performing Services or
delivering Goods where such failure arises as a result of any act or omission, which is
beyond our control such as all overwhelming and unpreventable events caused
directly and exclusively by forces of nature that can be neither anticipated, nor
controlled, nor prevented by the exercise of prudence, diligence, and care, including
but not limited to: war, riot, fire, thunderstorm, lightning flood, earthquake, typhoon,
strike, or other natural disaster, impossibility of the use of railways, motor transport
or public or private transport, impossibility of the use of public or private
telecommunications network, civil commotion; compliance with any law or
governmental order, rule, regulation or direction and acts of third parties (collectively
“Event of Force Majeure”).
10.8 If we have contracted to provide identical or similar orders to more than one
Customer and are prevented from fully meeting our obligations to you by reason of
an Event of Force Majeure, we may decide at our absolute discretion which orders we
will fill and to what extent.
No Warranties
10.9 Okoa Food excludes all implied warranties, terms and conditions to the extent
that is legally permitted. We shall not be liable for any loss of money, goodwill,
reputation , indirect or consequential loss arising out of your use of our Website or
App and our Services.
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10.10 All Goods description, services and material posted on the Website or App or
from a linked site is provided to you “as is” without warranty or conditions of any
kind, express or implied or otherwise howsoever arising. Okoa Food assumes no
responsibility for any error, inaccuracies or omissions whatsoever in the information
on the Website/ App and under no circumstances will the Company be liable for any
loss or damage by your reliance on the information obtained through the
Website/App. It shall be your own responsibility to evaluate the accuracy,
completeness and usefulness of any information and the use of the Website or App
is solely at your own risk.
10.11 Goods image as seen on the Website or App may slightly differ from the actual
Goods that you receive. Okoa Food shall not be liable to you for any loss, damage,
injury or expense, howsoever arising, out of or in connection with the use of the
Products.
Indemnity
10.12 You shall indemnify Okoa Food, its directors, officers, employees, agents and
affiliates, Participating Retailers, from any and all third party claims, liability, damages
and/or cost (including but not limited to legal fees) arising from your use of this
Website or breach of this Terms and Conditions and/or Agreement.
11. General
Currency
11.1 All prices are in Kenya Shillings (Kenya Shillings); Applicable taxes are included
where indicated.
Assignment
11.2 We may subcontract any part or parts of the Services or Goods that we provide
to you from time to time and we may assign or change any part or parts of our rights
under these Terms and Conditions without your consent or any requirement to notify
you.
Alteration of Terms
11.3 We may alter or vary the Terms and Conditions at any time without notice to
you.
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Restriction to User
11.4 You are not allowed to use or launch any automated system or program in
connection with our Website or App or its online ordering functionality.
11.5 You may not collect or harvest any personally identifiable information from the
Website or App, use communication systems provided by the Website or App for any
commercial solicitation purposes, solicit for any reason whatsoever any users of the
Website or App with respect to their submissions to the Website or App, or publish
or distribute any vouchers or codes in connection with the website, or scrape or hack
the Website or App.
Entire Agreement
11.6 The Terms and Conditions together with the Privacy Policy, any order form and
payment instructions constitute the entire agreement between you and us. No other
terms whether expressed or implied shall form part of this Agreement. In the event of
any conflict between these Terms and Conditions and any other term or provision on
the Website or App, these Terms and Conditions shall prevail.
Severability
11.7 If any term or condition of our Agreement shall be deemed invalid, illegal or
unenforceable, the parties hereby agree that such term or condition shall be deemed
to be deleted and the remainder of the Agreement shall continue in force without
such term or condition.
Governing Law
11.8 These Terms and Conditions and our Agreement shall be governed by and
construed in accordance with the laws of Kenya. The parties hereto submit to the
exclusive jurisdiction of the courts of Kenya.
Waiver
11.9 No delay or failure on our part to enforce our rights or remedies under the
Agreement shall constitute a waiver on our part of such rights or remedies unless
such waiver is confirmed in writing.
Language
11.10 All dealings, correspondence and contacts between us shall be made or
conducted in the English language.
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Unreasonable Behaviour
11.11 We strive to ensure that all our employees, partners, business affiliates,
Independent Contractor and/or Participating Retailers (“Team”) are treated with
dignity and respect. If we have reasonable belief that you are involved in behaviours
or actions towards our Team that we deem unacceptable (including but not limited
to rude, abusive or aggressive manners of communication and threats to their
physical state, property or reputation), we reserve the right to immediately cancel all
of your current and future orders, terminate all communication with you and prohibit
you from our services.
11.12 If we receive from you continuous and/or multiple requests that we deem
unreasonable (i.e. requests for extension of promotion periods or demands for
refunds without provision of proof), we reserve the right to terminate your Okoa
Food account and deny you access to our services.
B. Okoa Food Corporate Terms and conditions
By using the domain www.Okoafood.com (“Site”) and all sub domains of the Site
including but not limited to mobile application (“App”) under a registered Okoa Food
Corporate email/ account, you are deemed to have accepted the Terms and
Conditions of this Agreement.
Before placing any Order and/or using any of our services listed on the Site, all Okoa
Food Corporate Customers are to complete a form at
https://shop.OkoaFood.com/okoacorporate to apply for a Okoa Corporate account.
In the event of a successful application, an Okoa Food representative will be in
contact.
We, Okoa Foods Ltd are a limited liability company incorporated and existing under
the laws of Kenya , with its headquarters in Nairobi (“Company”), the owner and
operator of www.okoafood.com (“Okoa Food”) shall reserve the right to modify the
Terms and Conditions at any times without prior notice.
1. Key Terms
1.1. Definitions
“App” refers to the installable mobile application of Okoa Food;
“Delivery” refers to goods and any form of delivery service, which are provided by the
Company;
“Okoa Food Corporate Customer” refers to customer whom has the authority from
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the company to register an account with Okoa Food to purchase items for
commercial usage and/or to engage services offered on the Site or App;
“Participating Retailer” refers to a third party, which is cooperating with Okoa Food to
supply the goods and services;
“Service Fee” refers to the delivery charges and shopper fees that you will be charged
upon placing an Order with Okoa Food;
“Total Bill” refers to the total price for Delivery, Goods or Services ordered, including
any other charges or taxes including but not limited to Value Added Tax (“VAT”),
Digital Services Tax, government duties and other levies imposed at any time by the
government that shall be charged to you upon completion of your Delivery.
1.2. Services
Okoa Food shall provide the following services (“Services”) to the Okoa Food
Corporate Customer in accordance with the terms and conditions of this Agreement:
To deliver groceries ordered through the Site or App at the date and time slot
selected by the Okoa Food Corporate Customer.
1.3. Okoa Food Absolute Rights
Okoa reserves the right as it deemed necessary:
To request the Okoa Food Corporate Customer to sign an agreement prior to
purchasing from the Site or App;
To limit the quantity of product to be purchased;
To determine discounts at its absolute discretion;
to cancel and/ or modify the order if the quantity limit is exceeded;
To terminate your access to our Services;
To suspend your Okoa Food Corporate account and/or payment accounts
indefinitely; and
To cease all further communication with you.
1.4. Price
As consideration for the provision of the Services by Okoa Food, the Price for the
provision of the Services shall comprise of:
The service fee which may be subjected to changes from time to time by Okoa Food
without prior notice;
The price of all groceries selected, received and accepted by the Okoa Food
Corporate Customer, as displayed on Okoa Food Website or App at checkout cart for
every order to be placed by them;
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Your Total Bill may be varied from the guide price initially displayed on the Website
or App when you placed your Order. This difference of price can be due to one or
more of the following reasons:
i. Weighed products – We cannot guarantee that you will get the exact weight as
displayed on the Website/ App when you ordered for your items. You will be paying
for the item based on the weight determined upon completion of your order’s
shopping and dispatching.
ii. Replacements – When the original item you ordered is unavailable at the Premises,
we may instead deliver you a replacement item that you can choose to accept or
decline. If you accept the replacement item, you will be charged on its full price
instead of the price of your original item.
iii. Changing in-store prices – Unless otherwise stated, the prices at the Participating
Retailer’s Premise may vary on a daily basis and the price of the item you will be
paying will be the price as stated on the Website/ App on the day you ordered. This
price is stated in your Order confirmation email.
iv. Technical errors – Should pricing discrepancies due to technical errors occur, we
reserve the right to amend your Order and/or your Total Bill. We will endeavour to
communicate with you regarding such price changes before the completion of your
Order.
v. Promotional Prices – If a promotional item is purchased above the allowed
quantity, Okoa Food reserves the right to cancel/modify the order. Should you
accept the additional quantities, normal store price will be charged.
Okoa Food reserves its right to request the Okoa Food Corporate Customer to pay
for their outstanding bills in the event that the Okoa Food Corporate Customer owes
for a sum of KES 5,000-00. Okoa Food shall not allow the Okoa Food Corporate
Customer to place any subsequent orders unless the outstanding amount/ invoice
amount has been settled in full.
1.5. Payment
Okoa shall issue monthly invoices to the Okoa Foods Corporate Customer on the 7th
day of each month for the Services provided and groceries delivered to them for the
previous month.
The Okoa Foods Corporate Customer shall pay such invoices within 14 days from the
receipt of such invoice from Okoa Food (“Invoice Due Date”).
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The method of payment shall be by either:
Credit to Okoa Food Mpesa Paybill number ; or
Deposit or Wire transfer to the following account: 4648430014, NCBA Bank, Yaya
Centre Branch Nairobi and such payment proof shall be immediately forwarded
to myfinance@OkoaFood.com / finance department; or
Cheque collection: KES 300 per trip will be charged by Okoa Food for cheque
collection service.
Any charges payable under this Agreement are inclusive of any applicable taxes, tariff
surcharges or other like amounts assessed by any government entity arising as a
result of the provision of the Services by Okoa Food to the Okoa Food Corporate
Customer under this Agreement and such shall be payable by the Okoa Food
Corporate Customer to Okoa Food in addition to all other charges payable
hereunder.
In the event that the Okoa Food Corporate Customer fails to make full settlement of
the Price and/or Invoice amount to Okoa Food within the Invoice Due Date, Okoa
Food shall reserve the right to cancel the order, to demand for payment and/or to
take any other legal action available to Okoa Food in order to recover the
outstanding payment.
In the event of any cheques, standing orders or direct debits due from a Customer to
Okoa Food being dishonoured, a charge of KES 3,000 (or such other sum as the
Company may from time to time advise the Customer) will be made on the
Customer’s account to cover bank and administrative costs.
2. General Terms
2.1. Intellectual Property
The Okoa Food Corporate Customer hereby agrees and consents Okoa Food to use
the publicly available information on its company website or any marketing
collaterals approved by them. The Okoa Food Corporate Customer also agrees and
consents to the use of such information for Okoa Food promotional purposes
including but not limited to the release of such public information to third party
service providers and services associated with Okoa Food.
2.2. Registered Emails
All emails registered under our Okoa Food Corporate account shall be deemed to
have full authority from Okoa Food Corporate Customer to place orders from us.
Okoa Food Corporate Customer shall be responsible to make payment for all orders
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placed via the account registered with us. Any changes of the emails shall be
updated immediately by written notice to Okoa Food at mysupport@okoafood.com
2.3. Warranty
a. Okoa Food represents and warrants that:
i. It will perform the Services with reasonable care and skill in accordance with
industry practicing in the same locality under the same or similar circumstances; and
ii. All Goods description, services and material posted on the Website or App or from
a linked site is provided “as is” without warranty or conditions of any kind, express or
implied or otherwise howsoever arising. Okoa Food assumes no responsibility for any
error, inaccuracies or omissions whatsoever in the information on the Website/ App
and under no circumstances will the Company be liable for any loss or damage by
your reliance on the information obtained through the Website/App. It shall be your
own responsibility to evaluate the accuracy, completeness and usefulness of any
information and the use of the Site or App is solely at your own risk. Goods image as
seen on the Website or App may slightly differ from the actual Goods that you
receive. Okoa Food shall not be liable to you for any loss, damage, injury or expense,
howsoever arising, out of or in connection with the use of the Products.
b. The Corporate Customer represents and warrants that:
i. the username and/or email registered with Okoa Food has the full authority from
its company to place order and to perform the terms and conditions of this
Agreement; and
ii. the Corporate Customer and/or its company will pay the invoice promptly to Okoa
Food for the services provided.
2.4. Limitation of liability
Subject to the Okoa Food Corporate Customer’s obligation to pay the Price to Okoa
Food, either party’s liability in contract, tort or otherwise (including negligence)
arising directly out of or in connection with this Agreement or the limited in
aggregate to the Price.
To the extent it is lawful to exclude the following heads of loss and subject to the
Okoa Food Corporate Customer’s obligation to pay the Price, in no event shall either
party be liable for any loss of profits, goodwill, loss of business, loss of data or any
other indirect or consequential loss or damage whatsoever.
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Nothing in this clause 2.4 will serve to limit or exclude either Party’s liability for death
or personal injury arising from its own negligence.
The Okoa Food Corporate Customer shall indemnify and hold Okoa Food and its
directors, officers, employees, agents and affiliates, from and against any and all
liabilities, damages and claims, lawsuits and expenses (including all solicitors’ fees
and expenses) arising out of your breach of this Terms and Conditions and/or
Agreement.
Okoa Food will not be held liable for any losses arising out of unavailable items, late
deliveries and/or failed deliveries.
2.5. Relationship of the Parties
The Parties acknowledge and agree that the Services performed by Okoa Food, its
employees, agents or sub-contractor shall be as an independent contractor and that
nothing in the Agreement shall be deemed to constitute a partnership, joint venture,
agency relationship or otherwise between the parties.
2.6. Confidentiality
Neither Party will use, copy, adapt, alter or part with possession of any information of
the other which is disclosed or otherwise comes into its possession under or in
relation to this Agreement and which is of a confidential nature. This obligation will
not apply to information which the recipient can prove was in its possession at the
date it was received or obtained or which the recipient obtains from some other
person with good legal title to it or which is in or comes into the public domain
otherwise than through the default or negligence of the recipient or which is
independently developed by or for the recipient.
2.7. Personal Data
Where we have requested information (such as your name, telephone number,
address, email address and other information as required) from you for registration
of Okoa Food Corporate account, payment of your Order and to ensure Delivery of
Goods and Services, you agree to provide accurate and complete information
(“Purpose”).
You have irrevocably authorized and given your consent for us to collect, use, store
or process your personal information, verifying your credit or debit card, investigate
complaints and suspected suspicious transaction, and improve service usage and for
marketing and credit control purposes (the “Purpose”). The Purpose may include the
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disclosure of your personal information to receive offers and promotions from us or
selected third parties or our affiliates from time to time where we believe that the
services offered by us or such third parties may be of interest to you or where this is
required by law or in order to provide the Delivery of Goods or Service to you.
2.8. Notices
Any notice which may be given by a Party under this Agreement shall be deemed to
have been duly delivered if delivered by hand, ordinary post, facsimile transmission
or electronic mail to the address of the other Party as specified in this Agreement or
any other address notified in writing to the other Party. Subject to any applicable
local law provisions to the contrary, any such communication shall be deemed to
have been made to the other Party, if delivered by:
Ordinary post, five (5) days from the date of posting;
Hand or by facsimile transmission, on the date such delivery or transmission; and
Electronic mail, when the Party sending such communication receives confirmation if
such delivery by electronic mail.
2.9. Miscellaneous
a. The failure of either party to enforce its rights under this Agreement at any time
for any period shall not be construed as a waiver of such rights.
b. If any part, term or provision of this Agreement is held to be illegal or
unenforceable neither the validity nor enforceability of the remainder of this
Agreement shall be affected.
c. Neither Party shall assign or transfer all or any part of its Okoa Food Corporate
account to be used by another person and/or business without prior consent from
Okoa Food.
d. This Agreement constitutes the entire understanding between the Parties relating
to the subject matter hereof unless any representation or warranty made about this
Agreement was made fraudulently and, save as may be expressly referred to or
referenced herein, supersedes all prior representations, writings, negotiations or
understandings with respect hereto.
e. This Agreement (and any dispute, controversy, proceedings or claim of whatever
nature arising out of or in any way relating to them or their formation) shall be
governed by and interpreted in accordance with the Kenyan Law. The Parties
irrevocably agree that the courts of Kenyan shall have exclusive jurisdiction hereto.
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f. For avoidance of doubt, in any event any terms not explicitly stated in this Okoa
Corporate Terms, Happy Corporate Customer is bound by Okoa Food’s standard
Terms and Conditions listed on the Site.
g. Okoa Food or the Company shall reserve all its rights to amend or vary the terms
contained herein at any time it deemed necessary without prior notice to Happy
Corporate Customer. Okoa Food Corporate Customer is responsible to the updated
terms herein and you are deemed to accept all the terms stated herein by using the
Site. The amended terms and conditions shall become effective immediately upon
posting of the same on our website at https://www.Okoafood.com Once the
amended terms and conditions have been posted on our website, the Corporate
Customer will be deemed to have notice of the same and have accepted the
amended terms and conditions. All interpretations of these Okoa Food Corporate
terms and conditions by Okoa Foods shall be final and binding on the Okoa Food
Corporate Customer.
C. Okoa Food Supplier/Retailer Terms and Conditions
1. Okoa Food shall agree with the suppliers/retailers all matters concerning Sourced
Products, including the specification, which shall be based on the requirements of
Okoa Food Customers.
2 Okoa Foods shall purchase Sourced Products from suppliers and retailers at the
cost price agreed between it and the supplier/retailer. Okoa Food shall agree the
selling price of the Sourced Products with its customers via displayed price on Okoa
Foods website and App and shall notify the Customer of any cost price increases
imposed on it by the supplier which shall result in an increase in the selling price to
the Customer.
3. Okoa Food shall not be responsible for any costs resulting from shelf life expiry,
waste, and discontinuance of stock or unordered stock of the Sourced Products.
4. Okoa Food reserves the right in its absolute discretion to refuse to grant credit and
in the event the supplier/retailer enters into an insolvency arrangement or their credit
rating or financial standing deteriorates in a way that presents a credit risk, Okoa
Food may remove any credit terms previously agreed with the Supplier/retailer and
(without prejudice to any other rights that the Okoa Foods may be entitled to)
impose new credit terms.
5. If for any other reason a supplier/retailer is not satisfied with the service Okoa
Foods provide they can rate the service through the Website or App.
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6. User Account
Prior to using the Services, the supplier/retailer must sign up by providing the
requested information (including but not limited to personal information, gender,
name, address, mobile phone number and age) in the “Sign Up” application on the
Services and uploading necessary information as required by us.
The Supplier/Retailer may sign up either as a legal or natural person. Upon successful
completion of the “Sign Up” application, Okoa Food will provide the supplier/retailer
with a personal account via username and a password. By clicking the “Sign Up”
button located at the end of the sign up application, you represent and warrant that:
– You are above the age of eighteen (18) years;
– All the information presented to Okoa Food is accurate, correct and
complete;
– The supplier/retailer account will be kept accurate and profile information
updated at all times;
– The supplier/retailer will not authorize other persons to use their account nor
transfer or assign it to any other person; and
– The supplier will not use the Services for unauthorized or unlawful purposes
and impair the proper operation of the Services.
Only suppliers/retailers who pass Okoa Foods acceptance criteria and conform to
these Terms will be enrolled for an Okoa Food account.
Failure to maintain accurate, complete, and up-to-date account information, may
result in your inability to access and use the Services or Okoa Food’s termination of
these Terms. The supplier/retailer is responsible for all activity that occurs under their
account, and they agree to maintain the security and secrecy of account username
and password at all times. Unless otherwise permitted by Okoa Food in writing, each
supplier/retailer may only possess one account.
7. All supplied food products must be fit for human consumption and must meet
the general food safety requirements of the Kenyan Government .
It is prohibited to place on Okoa Food Platform food that is unsafe and injurious
to health.
All supplied food must satisfy the relevant hygiene requirements at all stages of
production, processing, distribution and storage as per defined Okoa Food
standards and packaging.
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8. Halal Certification
“Halal” comes from the Arabic “حلال) “Halal) and means “permissible”. The Quran
classifies food, goods and services in different categories such as “Halal” (permitted)
or “Haram” (forbidden). To follow this rule, it is essential for consumers to identify if
the product they are buying in retail has been produced according to the Quran
rules. A clear label will be provided for products that are identified as halal during the
entire production process and the trade of purchased raw materials.
Okoa Food Halal certification is a voluntary process by which a credible Halal
certification body will certifies that a suppliers/retailers products or services can be
lawfully consumed by Muslims. Products and services meeting the requirements for
Halal certification will receive Halal certificates.
Guidelines
Halal Food means food permitted under the Islamic Law and should fulfil the
following conditions:
– does not consist of or contain anything which is considered to be unlawful
according to Islamic Law;
– has not been prepared, processed, transported or stored using any appliance
or facility that was not free from anything unlawful according to Islamic Law;
and
– has not in the course of production, preparation, processing, transportation or
storage been in direct contact with any food that fails to satisfy 1 and 2 above.
Notwithstanding Section 1 above:
– halal food can be prepared, processed or stored in different sections or lines
within the same premises where non-halal foods are produced, provided that
necessary measures are taken to prevent any contact between halal and nonhalal foods;
– halal food can be prepared, processed, transported or stored using facilities
which have been previously used for non-halal foods provided that proper
cleaning procedures, according to Islamic requirements, have been observed.
–
Non-permitted Food, Ingredients or Additives
– Pigs and boars.
– Dogs, snakes and monkeys.
– Carnivorous animals with claws and fangs such as lions, tigers, bears and other
similar animals.
– Birds of prey with claws such as eagles, vultures, and other similar birds.
– Pests such as rats, centipedes, scorpions and other similar animals.
– Animals forbidden to be killed in Islam i.e., ants, bees and woodpecker birds.
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– Animals which are considered repulsive generally like lice, flies, maggots and
other similar animals.
– Animals that live both on land and in water such as frogs, crocodiles and other
similar animals.
– Mules and domestic donkeys.
– All poisonous and hazardous aquatic animals.
– Any other animals not slaughtered according to Islamic Law.
– Blood.
– Intoxicating and hazardous plants except where the toxin or hazard can be
eliminated during processing.
– Alcoholic drinks.
– All forms of intoxicating and hazardous drinks.
Slaughtering
– The person should be a Muslim who is mentally sound and knowledgeable of
the Islamic slaughtering procedures.
– The animal to be slaughtered should be lawful according to Islamic law.
– The animal to be slaughtered should be alive or deemed to be alive at the
time of slaughtering.
– The phrase “Bismillah” (In the Name of Allah) should be invoked immediately
before the slaughter of each animal.
– The slaughtering device should be sharp and should not be lifted off the
animal during the slaughter act.
– The slaughter act should sever the trachea, oesophagus and main arteries and
veins of the neck region.
Preparation, processing, packaging, transportation and storage
All food should be produced, prepared, processed, packaged, transported and stored
in such a manner that it complies with Halal Requirements above and the Kenya
Government General Principles on Food Hygiene and other relevant Standards.
9. By Joining Okoa Food Loyalty Program membership account (“Account” or
“Membership Account”), or by using either your membership card or the
Membership Account number you were assigned (“Membership Number”) to receive
and redeem benefits of the Loyalty Program, including, without limitation, Loyalty
Program Points, you agree that:
– you have read and accept these Program Rules; and you have read and accept
the Website Terms of Use which are incorporated by reference herein; and
– you consent to the collection, use, and disclosure of your personal data by the
Company, the Loyalty Program, Participating Properties and Partner Programs, and
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their authorized third-party agents and licensees in accordance with the Company’s
Privacy Statement.
All Loyalty Program benefits, amenities, offers, awards and services are subject to
availability and may be changed by Okoa Food at any time without notice. Okoa
Food may terminate the Loyalty Program, in whole or in part, with six (6) months’
advance notice to all active Loyalty Members and with less than six months’ notice in
any jurisdiction if required to do so by applicable law. At the Okoa Food’s sole
discretion, Okoa Food may choose to substitute a similar loyalty program for the
Loyalty Program at any time immediately upon notice to active Loyalty Members. If
the Loyalty Program is terminated, all unredeemed Points will be forfeited without
any obligation or liability, and no Redemption Award claims or promotional Award
claims will be honoured after the conclusion of the notice period.
E. Okoa Food Auction Terms and Conditions
1. Okoa Food will provides online auction platform through which
Suppliers/Retailers can offer for sale and sell (in which capacity they are
Sellers) and consumers can bid on (in which capacity they are Bidders) and
buy (in which capacity they are Buyers) Products.
2. The Online Auctioneer is incorporated and trades in Kenya. All online auctions
which take place shall be deemed to, take place in Kenya. All Services shall be
performed in and from Kenya.
3. A Participant refers to a Seller or a Bidder/Buyer (as appropriate) who receives
the Services and utilises the Okoa Food Auction for the purpose of listing or
bidding on and/or buying or selling Products.. The Participant shall be
responsible for all acts or omissions of each User connected with it and shall
ensure that all such Users comply with these Terms.
4. The Participant represent and warrant to Okoa Food that they are lawfully
able to enter into these Terms,
5. By accessing or using the auction Services, the participant agrees to be legally
bound by these Terms which may be modified by Okoa Food from time to
time.
6. Okoa Food reserves the right to change these Terms at any time.
Amendments will take effect when posted on the Website or App.
7. The Okoa Food auction is aimed solely at facilitating the sale of Products by
suppliers and retailers to business consumers and wholesale buyers.
8. The Okoa Food current privacy policy covers its use of any personal data
provided by any Participant. In using the Services and the Website, Users and
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Participants acknowledge and agree to be bound by the terms of such privacy
policy.
9. The role of the Okoa Food Auction is a platform for Sellers to auction and sell
food Products and for Bidders and Buyers to bid for and buy Products.
10. Okoa Food is not and will not become party to the contract for the transaction
concerning the sale or purchase of any Products and at no stage does Okoa
Food bid for, buy or sell or purport to bid for, buy or sell any of the Products
displayed
11. The contract for the sale and purchase of any Products made via Okoa Food
auction will be entered into directly between the Buyer and the Seller of such
Products on the basis set out in these Terms.
12. Okoa Food shall determine in its discretion any dispute in relation to the
conduct of auctions
13. Any dispute in relation to the sale of Products will be between the relevant
Buyer and Seller.
14. Okoa Food may, at its discretion, offer support in dispute resolution, but it is
not obliged to do so.
15. Okoa Food does not screen and accepts no liability in relation to the Products
or the identity of the Users and the Participants.
16. All participants are required to register with Okoa Food by completing and
submitting the registration form on the App and Website. Participants shall
ensure that all such information is, when provided, and remains accurate.
17. Any individuals who are unable to form legally binding contracts are
prohibited from using the Services. By registering, each participant is making a
statement, upon which Okoa Food is entitled to rely, that they are aged 18
years or older and capable of forming a legally binding contract.
18. On occasions certain participants may be refused access to the auction or
may have their account suspended or terminated. Any such refusal,
suspension or termination shall be at the Okoa Food sole discretion and the
Okoa Food is not obliged to give a reason for the same.
19. Okoa Food may at its discretion revoke any bids and remove any Products
listed by the relevant participant prior to such suspension or termination.
20. The Participant grants Okoa Food a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free licence to use all and any information, photographs
and other materials (the Materials) which they provide to Okoa Food including
any Materials provided during the registration, listing or bidding process.
21. The Participant warrants and undertakes that the Materials are legal, valid,
true and accurate in all material respects (and any expression of opinion will
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be genuinely held); do not infringe any third party’s intellectual property rights
or other rights and not harmful or injurious to human health;
22. Okoa Food shall not be responsible for any unauthorised access to the
auction where such use is made using a participants user authentication
details.
23. The Participant acknowledges and agrees that transmissions are never
completely private or secure. The Participant understands that any
instructions, message or information sent when using the Website or the
Services may be read or intercepted by others. Any losses suffered, incurred or
sustained by the Participant in transmitting information shall be borne solely
and exclusively by the Participant and in no event shall any such losses in
whole or in part be borne by Okoa Food
24. Okoa Food cannot guarantee that the auction will operate continuously or
without interruptions. Interruptions or unavailability could affect bidding or
other aspects of an auction or sale and Okoa Food accepts no responsibility
for any detrimental effect caused by: any failure of the App or Website or
Services to operate continuously or without interruptions; or the App or
Website or Services being unavailable at any time
25. Okoa Food reserves the right to withhold approval of any listing of Products
on the App and Website (Listing) and/or to remove any Listing from the App
or Website at its absolute discretion. One or more Products which form the
subject of an individual Listing are referred to as a Lot.
26. Subject to the foregoing, any Listing will be available on the App or Website
for viewing for the period starting on the date on which Okoa Food accepts it
for listing and publishes it on the App and Website and ending on or
following the end of the Bidding Period (as defined in clause below)
27. The Auction Event will be carried out by way of electronic bids submitted on
the App or Website. Lots which are listed on the App or Website will be open
for bids for such period that the Okoa Foods shall publish via the Website (the
Bidding Period).
28. On commencement of the Bidding Period all Lots which are listed on the App
or Website auction shall automatically be made available for bidding under
auction
29. Upon expiry of the Bidding Period, any Lot which has successfully been bid for
will result in a contract between the relevant Buyer and Seller coming into
force automatically for the sale and purchase of the Lot.
30. If a Lot is not successfully sold at the end of the Bidding Period, then the
relevant Listing will be automatically be removed from the App or Website,
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however the relevant Seller may re-list the relevant Products for bidding in the
next Bidding Period, should it wish to do so.
31. Sellers are entitled to set minimum bid or reserve requirements in relation to
Lots and are entitled to change these during the Bidding Period.
32. A Bidder may not retract a bid unless: the Seller has during the Bidding
Period materially changed the description of the Lot on the Listing; or Okoa
Food has in its discretion provided its express written consent to the
withdrawal of such bid.
33. A Bidder’s placing of a bid entitles Okoa Food and any Seller to rely on the
Bidder’s bid. Each Bidder warrants and undertakes that it has the legal right to
make a bid and to enter into any transaction on which it bids.
34. if a Bidder bids for a Lot, it acknowledges and agrees that if it has placed the
Highest Valid Bid at or above any minimum or reserve price, it has entered
into a contract with the Seller to buy the Lot in accordance with these Terms
and any terms set out in the Listing (provided that in the event of any conflict
these Terms shall prevail). In such circumstances the Bidder shall be the Buyer
in relation to such Lot and must complete the transaction. The Buyer
acknowledges and agrees that such transaction may be voided by the Seller in
certain circumstances.
35. The Highest Valid Bid shall mean the highest bid on a Lot at the end of the
Bidding Period which complies with these Terms and any terms in the Listing;
and exceeds any minimum or reserve price in relation to the Lot.
36. Bidders (and Participants who are potential Bidders) will be entitled to request
a physical inspection of any Lot at the location in which the Lot is situated (or
as the Seller may otherwise reasonably determine) by giving reasonable notice
to the Seller. Upon receiving such notice, the Seller shall use reasonable
endeavours to facilitate an inspection at a suitable time.
37. A Bidder or potential Bidder must not directly or indirectly contact any Seller
prior to the end of the Bidding Period regarding the supply of a Lot, save for
the sole and express purpose of arranging a physical inspection of the Lot.
38. Sellers must list all Lots with accurate and appropriate descriptions and
provide such information as Okoa Food may request for the purpose of the
Listing (together, the Listing Information).
39. Upon a Seller posting the Listing Information and the Online Auctioneer
accepting the Lot, the Seller makes an irrevocable offer to auction and sell that
Lot. In relation to each Lot which a Seller sells or offers for sale through the
App or Website, the Seller warrants that: it is the absolute unencumbered
legal owner with the full and exclusive right to sell the Lot; the Lot shall
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conform in all material respects with its description in the Listing Information;
the Lot does not contain asbestos or hazardous substances (or to the extent
that they do contain any asbestos or hazardous substances, this is disclosed in
full in the Listing Information); no part of the Lot form part of a property over
which any third party has any rights; the Lot may be lawfully sold via the App
or Website and such sale shall not infringe any third party intellectual property
or other rights; and the Products contained within the Lot are not on any
current prohibited items list which Okoa Food maintains.
40. Each Seller shall indemnify Okoa Food and any Buyer of the Lot from and
against all liabilities, costs, expenses, damages and losses (including
reasonable professional costs and expenses) suffered or incurred by the Okoa
Food or the Buyer in connection with the Seller’s breach of any of the clauses
mentioned herein.
41. All Lots are sold on an “as is, where is and with all faults” basis. All other
warranties or conditions (whether express or implied) as to quality, condition,
description, compliance with sample or fitness for purpose (whether statutory
or otherwise) other than those expressly set out in these Terms are excluded
to the fullest extent permitted by law.
42. Any Seller receiving at least one bid at or above any stated applicable
minimum or reserve requirement is obliged to complete the transaction with
the Bidder who made the Highest Valid Bid by the end of the Bidding Period
in accordance with these Terms and any terms set out in the Listing (provided
that in the event of any conflict these Terms shall prevail),
43. If the Bidder fails to make payment for the Lot in accordance with these
Terms; or if the Bidder fails to collect the Lot in accordance with these Terms,
and, in each case, the Seller has served notice on Okoa Food stating that the
contract between the Bidder and Seller is void and the reasons for the same.
Following service of such notice there will be no obligation on either the Buyer
or the Seller to complete the sale and purchase of the Lot, without prejudice
to any other accrued rights and remedies of the Bidder or the Seller.
44. If a Seller lists a Lot for sale at a minimum or reserve price, the Seller may
consider bids received below that price but is not obliged to sell a Lot for less
than the reserve price.
45. A Seller must not directly or indirectly place bids on its own Lots or
manipulate bidding in any other way.
46. Participants must not directly or indirectly contact any other Participant prior
to the end of the Bidding Period regarding the supply of a Lot with the
intention of selling or purchasing a Lot other than via the Auction Event.
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47. At the end of the Bidding Period the Seller will be informed of the identity of
the Bidder who has made the Highest Valid Bid in relation to a Lot, following
which the Seller may in its discretion determine not to sell the Lot to such
Bidder by giving notice (Bidder Refusal Notice) to Okoa Food within 24 hours
of having been so notified.
48. If a Bidder Refusal Notice is not so served the Seller shall be deemed to have
accepted the Bidder as the Buyer.
49. Okoa Food shall inform the relevant Bidder of any refusal under a Bidder
Refusal Notice.
50. In the event that a Buyer fails to make payment in respect of a Lot in
accordance with these Terms a Seller may elect by written notice (Late
Payment Notice), given to the Okoa Food within the period of 7 days
following the time for payment by the Buyer having elapsed, determine not to
sell the Lot to such Buyer.
51. If a Late Payment Notice is not so served the Seller shall be deemed to have
accepted the Buyer. Okoa Food shall inform the relevant Buyer of any refusal
under a Late Payment Notice.
52. Following receipt of a Bidder Refusal Notice or Late Payment Notice by Okoa
Food, the Online Auctioneer shall inform the Seller of the two Bidders who
have made the next highest bids (disregarding the original Bidder/Buyer) in
relation to the Lot and the Seller shall elect by giving notice (Bidder Election
Notice), within 24 hours of having been informed of the identities of such
Bidders, to Okoa Food to which of such Bidders it will sell the Lot and the
amounts that they have bid. The Seller must choose one of such Bidders and
may not refuse to sell the Lot to both of such Bidders;
53. Upon receipt by the Online Auctioneer of a Bidder Election Notice the Bidder
named in the Bidder Election Notice shall be deemed to be the Buyer and the
highest bid they made shall, for the purposes of these Terms, be deemed to
be the Highest Valid Bid. Okoa Food shall inform the relevant Bidder that it
has become the Buyer in relation to such Lot and the Bidder shall accordingly
be obliged to purchase the Lot as the Buyer; and the event that the Seller fails
to comply with any provision of this clause any Bidder Refusal Notice or Late
Payment Notice given by such Seller shall be invalidated and the Seller shall
be obliged to sell the Lot to the original Bidder who made the Highest Valid
Bid.
54. At the end of a Bidding Period, provided a Highest Valid Bid has been made in
relation to a Lot, a contract for the supply of the relevant Lot shall come into
effect immediately between the Buyer and Seller and such contract will be
36
deemed to include the following terms: the Sale Terms shall incorporate these
Terms; title in the Lot will pass once full payment has been received by the
Seller from the Okoa Food in accordance , risk in the Lot will pass to the Buyer
at the end of the Bidding Period; the Buyer may not collect the Lot until it has
paid in full the purchase price and Buyer Transaction Fee (payable by it in
respect of such Lot; and unless agreed otherwise, the Buyer shall arrange for
collection of the Lot within the timeframe specified in the Listing (or, if no
timeframe is specified, as soon as practicable following the auction and in any
event no later than 14 days from the date of the auction).
55. If the Buyer fails to arrange for collection during such 14 day period, then the
Seller shall be entitled to charge the Buyer its reasonable costs and expenses
in storing the Lot after the expiry of such 14 day period;
56. The Buyer will comply with the Seller’s health and safety procedures and
directions on site when collecting the Lot and shall follow the Seller’s
reasonable directions with regards to any requirements for specialist removal
contractors (provided always that the Seller must make such requirements
clear in the Listing as a condition of these Terms);
57. The Buyer will be responsible for and shall indemnify the Seller from and
against all liabilities, costs, expenses, damages and losses (including
reasonable professional costs and expenses) suffered or incurred by the Seller
in connection with any damage caused by the Buyer (or its employees, agents
or contractors) to the Seller’s premises in collecting the Lot.
58. All Sellers shall pay to Okoa Food a transaction fee (Seller Transaction Fee) in
respect of each Lot of an amount equal to the greater of: 2% of the purchase
price of the Lot with a minimum fee of KES 1,000;
59. The Seller Transaction Fee shall be payable if: the Lot is sold via the App or
Website; the Lot is withdrawn by the Seller prior to the end of the Bidding
Period; or the listing of the Lot is revoked on suspension or termination, but
shall not apply if the Lot is not sold because at the end of the Bidding Period
the Lot remains listed and no bid has been received or no bid has been
received which exceeds an applicable minimum or reserve price. Seller
Transaction Fees are non-refundable.
60. Okoa Food will invoice Sellers upon conclusion of the Bidding Period or at
such other time as the Seller Transaction Fee becomes payable. The Online
Auctioneer shall, if it has received payment from the Buyer in respect of the
Lot, deduct the Seller Transaction Fee before distributing the balance of the
purchase price to the Seller.
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61. All Buyers agree to pay to the Okoa a transaction fee (Buyer Transaction Fee)
of an amount equal to 2% of the purchase price for each Lot purchased by it
via the Website. The Buyer Transaction Fee shall be payable in addition to and
at the same time as the purchase price for the Lot and is non-refundable.
62. Okoa Food will invoice Buyers for the purchase price for the Lot and the Buyer
Transaction Fee upon conclusion of the Bidding Period or at such other time
as it may deem appropriate. In the event that an amount paid by the Buyer is
insufficient to cover both the purchase price and the Buyer Transaction Fee
Okoa Food may in its discretion apply the amount received first towards the
Buyer Transaction Fee.
63. The Buyer Transaction Fees and Seller Transaction Fees shall be payable in
relation to all sales and purchases by Participants of Products which have been
the subject of a Listing if the buyer and seller were introduced to each other
or have otherwise contacted each other through the APP or Website or the
Services, whether or not the relevant Products were sold through an Auction
Event, and in such circumstances this clause shall apply with the necessary
changes having been made to effect such obligations.
64. All amounts payable to the Okoa Food under these Terms shall be paid in
cleared funds to account 4648430014 held at NCBA Bank, Yaya Centre Branch,
and Nairobi within 14 days from the date of invoice. 1
65. Okoa Food shall be entitled to charge a one off penalty on any late payment
at a rate of 5% from the date on which the payment becomes overdue until
such time as payment is received. 1
66. Payments shall be made in KES or such other currency that Okoa Food may
from time to time expressly permit.
67. Okoa Food may at any time, without notice, offset any liability of a Participant
to the Online Auctioneer against any liability of Okoa Food to the Participant,
whether either liability is present or future, liquidated or un-liquidated, and
whether or not either liability arises under this agreement. If the liabilities to
be Offset are expressed in different currencies, Okoa Food may convert either
liability at a market rate of exchange for the purpose of Off Set. Any exercise
by Okoa Food of its rights under this clause shall not limit or affect any other
rights or remedies available to it under these terms or otherwise.
68. All amounts due under this agreement from a Participant shall be paid in full
without any Off Set, counterclaim, deduction or withholding (other than any
deduction or withholding of tax as required by law).
69. All bids or other amounts of money referred to in these Terms shall be
interpreted as being amounts exclusive of value added tax, Digital Services Tax
38
or any similar sales tax or any tax that replaces such sales taxes. Any such tax
payable in relation to any such amounts shall be paid in addition to those
amounts by Buyer.
70. If the Buyer is required under any applicable law to withhold or deduct any
amount from the payments due to Okoa Food or the Seller, the Buyer shall
increase the sum it pays to the Okoa Food or the Seller (as applicable) by the
amount necessary to leave the Okoa Food or the Seller with an amount equal
to the sum it would have received if no such withholdings or deductions had
been made.
71. Buyers are responsible for any costs of delivery or collection, including any
import taxes, duties or permit fees, and any insurance costs in respect of any
Lots purchased by them, unless otherwise stated on the Listing. Sellers are
responsible for any export taxes.
72. Some transactions may involve Lots being transported by Buyers to locations
outside the territory or jurisdiction in which the Lot is located. Buyers and
Sellers alike must observe and comply with all applicable regulations and
legislation, including obtaining all necessary cultural or customs permits and
shall co-operate with each other for such purposes.
73. Buyers and Sellers shall co-operate with each other and provide such
assistance and documentation that the other shall reasonably require for the
purpose of importing or exporting the Lots
74. Okoa Food makes no representation and accepts no liability whatsoever to
any Buyer or Seller in respect of the issuance or validity of any exportation or
importation permits or the existence and exercise of exportation or
importation regulations or any compulsory purchasing regimes.
75. Nothing in these Terms limits or excludes liability for: death or personal injury
caused by negligence; fraud or fraudulent misrepresentation; any other
liability that cannot be limited or excluded by law.
76. Okoa Food will under no circumstances be liable to any person (including any
Participant), whether in contract, tort (including negligence), breach of
statutory duty, or otherwise, arising under or in connection with these Terms
for: any loss of profits, sales, business, or revenue; or loss or corruption of
data, information or software; or loss of business opportunity; or loss of
anticipated savings; or loss of goodwill; or any indirect or consequential loss.
77. Okoa Foods total liability in contract, tort (including negligence),
misrepresentation or otherwise :to a Participant in connection with these
Terms shall be limited to a maximum amount of KES 20,000; and any
Participant in connection with any Lot and any transaction relating to it shall
39
be limited to the total Buyer Transaction Fee and Seller Transaction Fee
payable to the Okoa Food in connection with such Lot.
78. Okoa Food does not give any representations, warranties or undertakings in
relation to the Lots. Any representation, condition or warranty which might be
implied or incorporated into these Terms by statute, common law or
otherwise is excluded to the fullest extent permitted by law. In particular, the
Okoa Food will not be responsible for ensuring that the Lots are suitable for
the Buyer’s purposes.
79. Okoa Food has no control whatsoever over, and accepts no responsibility for,
the quality, legality or safety of any advertised Products or of any other
characteristics upon which a Buyer may rely, the accuracy of any of the Listings
or the capacity of any Seller or any Buyer to transact.
80. Each Participant shall indemnify the Okoa from and against all liabilities,
costs, expenses, damages and losses (including reasonable professional costs
and expenses) suffered or incurred by Okoa Food in connection with any claim
against Okoa Food by another user of the App or Website or any other third
party as a result of any breach of these Terms or any other contract or legal
obligation by such Participant connected with it.
81. Okoa Food makes no representations or warranties about the accuracy,
completeness or suitability for any purpose of the information and related
graphics published on the App or Website. From time to time the Website
may contain technical inaccuracies or typographical errors. All liability of the
Online Auctioneer howsoever arising for any such inaccuracies or errors is
expressly excluded to the fullest extent permitted by law.
82. Okoa Food may at its sole discretion issue a warning, temporary suspension,
or an indefinite suspension and termination of a Participant’s rights to use the
Services if: the Participant acts inconsistently with and/or in breach of these
Terms; the Participant violates or attempts to violate any rights of any other
user of the Services or third party; the Participant engages in any fraudulent
activity; the Participant fails to make any payments due in accordance with
these Terms; a winding-up order or bankruptcy order is made against the
Participant; the Participant passes a resolution or makes a determination for it
to be wound up (without a declaration of solvency/except for the purposes of
amalgamation or reconstruction, the terms of which have been previously
approved in writing by the other party); the Participant has appointed to it an
administrator or an administrative receiver; the Participant, being a
partnership, suffers bankruptcy orders being made against any of its partners;
an encumbrance takes possession, or a receiver, manager or administrative
40
receiver is appointed, of the whole or any part of the Participant’s assets; the
Participant ceases or suspends payment of any of its debts, or is unable to pay
its debts; any arrangement, compromise or composition in satisfaction of its
debts is proposed or entered into in relation to the Participant; the Participant
ceases, or threatens to cease, to carry on business; Okoa Food has some other
reason which it believes justifies issuing a warning or the temporary or
indefinite suspension or termination of a Participant’s rights to use the
Services (and Okoa Food shall not be obliged to provide such reason).
83. Upon suspension or termination of a Participant’s right to use the Services, the
right of all Users connected with such Participant to use the Services shall be
suspended or terminated (as appropriate). Any bids made and any Lots listed
by the relevant Participant prior to such suspension or termination shall
automatically be revoked on suspension or termination, unless Okoa Food in
its discretion otherwise determines.
84. Any of the provisions of these Terms that are expressed to take effect in whole
or in part on or after termination, or are capable of having effect after
termination, shall remain in full force and effect despite termination.
85. Termination of these Terms shall be without prejudice to the accrued rights
and remedies of the parties.
86. Okoa Food shall not be responsible in any way if any Lot sold via the Website
proves unsatisfactory to the Buyer. Okoa Food is not party to the contract for
the sale of the Lot. Okoa Food provides a platform for the transaction and
does not, and does not purport to, buy or sell any Lot.
87. Under no circumstances does Okoa Food accept the return of any Products
directly to Okoa Food. There is no right to return any Lot unless the Seller
agrees otherwise.
88. Participants shall comply with all applicable laws, statutes and regulations in
connection with use of the Services and the App and Website.
89. These Terms do not give rise to any rights for a third party to enforce any
term of these Terms. Buyers and Sellers in relation to a particular Lot may
enforce these Terms as against each other. Nothing in these Terms is intended
to, or shall be deemed to, establish any partnership or joint venture between
Okoa Food and any other person, constitute any of such persons the agent of
another, or authorise any person to make or enter into any commitments for
or on behalf of any other of such persons. The rights and remedies provided
under these Terms are in addition to, and not exclusive of, any rights or
remedies provided by law. Participants shall not, without the prior written
consent of the Okoa Food, assign, transfer, mortgage, charge, subcontract,
41
declare a trust over or deal in any other manner with any of their rights and
obligations under these Terms. If any provision or part-provision of these
Terms is or becomes invalid, illegal or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal and
enforceable. If such modification is not possible, the relevant provision or
part-provision shall be deemed deleted. Any modification to or deletion of a
provision or part-provision under this clause shall not affect the validity and
enforceability of the rest of these Terms. These Terms, together with any
document expressly referred to within their provisions, contains the entire
agreement between the parties relating to the subject matter covered and
supersedes any previous agreements, arrangements, undertakings or
proposals, written or oral, between the parties in relation to such matters or
any statements made by any person, including any of employees or agents of
Okoa Food. Save for fraud or fraudulent misrepresentation, Okoa Food shall
have no liability for any such representation being untrue or misleading. Okoa
Food will not be in breach of these Terms or otherwise liable for any delay in
performance to the extent that any delay or failure is due to circumstances
beyond its reasonable control, including strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, flood, fire, explosion or
accident.
90. In these Terms reference to a clause is to a clause of these Terms, unless the
context requires otherwise; a reference to one gender includes a reference to
the other gender; words in the singular include the plural and in the plural
include the singular; a reference to a person includes an incorporated or
unincorporated body; a reference to a statute or statutory provision is a
reference to it as it is in force for the time being taking account of any
amendment, extension, or re-enactment and includes any subordinate
legislation for the time being in force made under it; unless the context
otherwise requires, the words including and include and words of similar
effect shall not be deemed to limit the general effect of the words which
precede them; the headings in these Terms are for ease of reference only and
shall not affect their construction or interpretation; and any reference to an
English legal term for any action, remedy, method of judicial proceeding, legal
document, legal status, court, official or any legal concept or thing shall, in
respect of any jurisdiction other than Kenya, be deemed to include a reference
to that which most nearly approximates to the English legal term in that
jurisdiction.
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91. Okoa Foods Ltd is the proprietor of the Okoa Food trade mark and get-up. All
other trademarks, product names and company names or logos cited herein
are the property of their respective owners. No permission is given by Okoa
Food in respect of the use of any such brand names, product names or titles
or copyrights and such use may constitute an infringement of the holder’s
rights.
92. Any notice or other communication given to a party under or in connection
with these Terms shall be in writing and shall be sent by email as follows: in
the case of the Okoa Food, to mysupport@okoafood.com; in the case of a
participant, to the email address provided by such participant on registering
on the App or Website (as updated via the App or Website from time to time);
Any notice or communication shall be deemed to have been received one
hour following the time at which the relevant email is sent. This clause does
not apply to the service of any proceedings or other documents in any legal
action or, where applicable, any arbitration or other method of dispute
resolution.
93. These Terms are drafted in the English language. If these Terms are translated
into any other language, the English language version shall prevail. Any notice
given under or in connection with these Terms shall be in the English
language. All other documents provided under or in connection with these
Terms shall be in the English language, or accompanied by a certified English
translation.
94. These Terms and any dispute or claim arising out of or in connection with
them or their subject matter or formation (including non-contractual disputes
or claims) shall be governed by and construed in accordance with the laws of
Kenya. Each party irrevocably agrees that the courts of Kenya shall have
exclusive jurisdiction to settle any dispute or claim (including non-contractual
disputes or claims) to which Okoa Food is party arising out of or in connection
with these Terms or their subject matter or formation. Each party irrevocably
agrees that the courts of Kenya shall have non-exclusive jurisdiction to settle
any dispute or claim (including non-contractual disputes or claims) to which
the Okoa Food is not party arising out of or in connection with these Terms or
their subject matter or formation. Nothing in this clause shall limit the right of
the Okoa Food to take proceedings against any Participant in any other court
of competent jurisdiction, nor shall the taking of proceedings in any one or
more jurisdiction preclude Okoa Food from taking proceedings in any other
jurisdiction, whether concurrently or not, to the extent permitted by the law of
such other jurisdiction.
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F. Open Your Heart Campaign Terms and Conditions
By participating in this Campaign, participants agree to be bound by all the terms
and conditions below. This Campaign terms and conditions must be read together
with other Okoa Food terms and conditions. If there are any inconsistencies between
this Campaign terms and conditions ; this Campaign terms and conditions shall
prevail limited only to the inconsistencies.
1. The Campaign is only open to Okoa Food consumers, corporate customers and
suppliers/retailers who have maintained their account with Okoa Food in good
standing, without any breach of the terms and conditions or agreements, throughout
the Campaign Period
2. Participating Okoa Food consumers, corporate customers will be rewarded with
2.5% discount on purchase price in the first purchase or made on Okoa Food App or
website post the food donation to the campaign.
3. Participating Okoa Food suppliers or retailers will be rewarded with points on the
loyalty programme
4. Eligible whose accounts are cancelled, or terminated for any reason, or suspended
for any breach or suspected breach, or if Okoa Food discovered at any time that the
Eligible participant did not satisfy the requirements under this campaign during the
Campaign Period or are not eligible for the Campaign, Okoa Food reserves the right
to reverse any discount credited or awarded loyalty points, at Okoa Foods discretion,
and the Eligible Cardholder agree for this to be done:
5. If the Eligible party closes and/or cancels his Okoa Food membership as stated in
before the discount is credited or the loyalty points are applied, the eligible party
loses his/her entitlement and is not entitled to any payment or compensation.
6. Okoa Foods records of details and transactions are final and conclusive for
purposes of this Campaign.
7. Okoa Foods decisions relating to this Campaign are final and binding all
participants. If any matters, dispute or claim arise which are not covered in these
Terms and Conditions, they will be determined solely by Okoa Food
8. Okoa Food may vary any of these Terms and Conditions and extend the Campaign
Period. Any such change will be announced on any of Okoa Foods electronic or nonelectronic communication platform
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9. Eligible participants are advised to access Okoa Food App and website at regular
intervals to view the Terms and Conditions and to ensure that they are kept up to
date with any changes or variations to these Terms and Conditions.
10. By participating in the Campaign, all participants:
a) agree to participate in any interviews, prize giving ceremony or other publicity
events required by Okoa Food;
b) consent for Okoa Food to disclose or publish their personal information such as
their names and identities and any general information that Okoa Food sees fit about
the participants or their account(s) in any media, marketing or advertising materials;
c) grant Okoa Food the absolute and unrestricted right to modify, use and/or publish
any still or moving image of the participants for any campaign, marketing,
commercial or other related purpose, without any payment or compensation.
11. The Open your Heart Campaign Terms and Conditions are governed by the laws
of Kenya. The participants agree that the Courts of Kenya have jurisdiction over all
matters arising from this Campaign.
G. Okoa Food Privacy Policy
Okoa Food respects the privacy of its consumers, suppliers and retailers as such
reasonable measures will be taken to protect the same as detailed below:
1. Registration via the Website or App requires you to provide us with personal
information which identifies you. This includes but is not limited to
– name and surname;
– email address;
– physical address;
– identity number;
– mobile number;
– date of birth; and
– gender,
2. Should your personal information change, please inform us and provide us with
updates to your personal information as soon as reasonably possible to enable us to
update your personal information.
3. You may choose to provide additional personal information to us, in which event you
agree to provide accurate and current information, and not to impersonate or
misrepresent any person or entity or falsely state or otherwise misrepresent your
affiliation with anyone or anything.
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4. Should you decide to register as a user via the App or Website, we may require you
to provide us with personal information which identifies you. This includes but is not
limited to
o use your personal information for any purpose other than as set out below:
– in relation to the ordering, sale and delivery of Food;
– to contact you regarding current or new Food items or services or any other
goods offered via the App or Website (unless you have opted out from
receiving marketing material from us);
– to inform you of new features, special offers and promotional competitions
offered by us or any of our franchisees, divisions, affiliates, partners and/or
Restaurants (unless you have opted out from receiving marketing material
from us); and
– to improve our product selection and your experience of our App by, for
example, monitoring your browsing habits, or tracking your sales on the App;
or
o disclose your personal information to any third party other than as set out
below:
– to our employees, franchisees, third party service providers, Cloud Drivers and
Restaurants who assist us to interact with you via our App, email or any other
method, for the ordering of Food or when delivering Food to you (i.e. Courier
Delivery or Self-collection), and thus need to know your personal information
in order to assist us to communicate with you properly and efficiently;
– to our franchisees, divisions, affiliates, partners and/or Restaurants (including
their employees and/or third party service providers) in order for them to
interact directly with you via email or any other method for purposes of
sending you marketing material regarding any current or new Food items or
services, new features, special offers or promotional items offered by them
(unless you have opted out from receiving marketing material from us);
– to law enforcement, government officials, fraud detection agencies or other
third parties when we believe in good faith that the disclosure of personal
information is necessary to prevent physical harm or financial loss, to report
suspected illegal activity, or to investigate violations of these Terms and
Conditions;
– To our service providers (under contract with us) who help with parts of our
business operations (fraud prevention, marketing, technology services etc.).
However, our contracts dictate that these service providers may only use your
information in connection with the services they perform for us and not for
their own benefit; and
– To our franchisees, third party service providers and/or Restaurants in order
for them to liaise directly with you in the event of you submitting a complaint
or claim regarding any order you have placed which requires their
involvement.
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5. We are entitled to use or disclose your personal information if such use or disclosure
is required in order to comply with any applicable law, subpoena, order of court or
legal process served on us, or to protect and defend our rights or property. Okoa
Food undertakes never to sell or make your personal information available to any
third party other than as provided for in this Privacy Policy, unless we are compelled
to do so by law. In particular, in the event of a fraudulent online payment, Okoa
Food is entitled to disclose relevant personal information for criminal investigation
purposes or in line with any other legal obligation for disclosure of the personal
information which may be required of it.
6. We will ensure that all of our employees, affiliates, franchisees, third party service
providers, Cloud Drivers, divisions, partners and Restaurants (including their
employees and third party service providers) having access to your personal
information are bound by appropriate and legally binding confidentiality obligations
in relation to such information.
7. We will :
– treat your personal information as strictly confidential, save where we are
entitled to share it as set out in this Privacy Policy;
– take appropriate technical and organisational measures to ensure that your
personal information is kept secure and is protected against unauthorised or
unlawful processing, accidental loss, destruction or damage, alteration,
disclosure or access;
– provide you with access to your personal information to view and/or update
personal details;
– promptly notify you if we become aware of any unauthorised use, disclosure
or processing of your personal information;
– provide you with reasonable evidence of our compliance with our obligations
under this Privacy Policy on reasonable notice and request; and
– Upon your request, promptly return or destroy any and all of your personal
information in our possession or control, save for that which we are legally
obliged to retain.
8. We will not retain your personal information longer than the period for which it was
originally needed, unless we are required by law to do so or you consent to us
retaining such information for a longer period.
9. Whilst we will do all things reasonably necessary to protect your rights of privacy, we
cannot guarantee or accept any liability whatsoever for unauthorised or unlawful
disclosures of your personal information, whilst in our possession, made by third
parties who are not subject to our control, unless such disclosure is as a result of our
gross negligence.
10. If you disclose your personal information to a third party, such as an entity which
operates a website linked to the Okoa Food App or Website or anyone other than
Okoa Food, OKOA FOOD SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE,
HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF
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SUCH INFORMATION TO THE THIRD PARTY.
This is because we do not regulate or
control how that third party uses your personal information. You should always
ensure that you read the privacy policy of any third party.