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Under the patronage of Hon. Najib Balala, Cabinet Secretary for Tourism

TERMS AND CONDITIONS – WWW.TREASURESOFKENYA.COM

1.0 Introduction

Welcome to The Treasures of Kenya Website! This website is owned and managed by The Treasure Syndicate (K) Ltd whose registered office is P.O. Box 1331 – 00208, Ngong Hills, Kenya.
If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern our relationship with you in relation to this website.
By accessing this website www.treasuresofkenya.com (‘Treasuresofkenya.com’ or ‘Website’) we assume you accept these terms and conditions in full. Do not continue to use Treasuresofkenya.com if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions as well as to the Privacy Policy Statement and the Disclaimer Notice, and any or all Agreements:
(a) “Client”, “You” and “Your” refers to you, the person accessing and using this website and accepting the Company’s terms and conditions.
(b) “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers The Treasures of Kenya and The Treasure Syndicate (K) Ltd.
(c) “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws of Kenya. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2.0 Cookies

We employ the use of cookies. By using Treasuresofkenya.com you consent to the use of cookies in accordance with Treasuresofkenya.com Privacy Policy.
Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our website to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

3.0 Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, in this Site, information content on this Site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
The entire contents of the Site also are protected by copyright as a collective work under Kenyan copyright laws and international conventions. All rights are reserved.
Unless otherwise stated, Treasuresofkenya.com and/or it’s licensors own the intellectual property rights for all material on Treasuresofkenya.com
You may view and/or print pages from Treasuresofkenya.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:
• Republish material from Treasuresofkenya.com without our written consent
• Sell, rent or sub-license material from Treasuresofkenya.com
• Reproduce, duplicate or copy material from Treasuresofkenya.com
• Redistribute content from Treasuresofkenya.com unless content is specifically made and clearly labelled for redistribution

4.0 User Comments

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Treasuresofkenya.com does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Treasuresofkenya.com, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, Treasuresofkenya.com shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Please be aware that Treasuresofkenya.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

With making a Comment on Treasuresofkenya.com you warrant and represent that:
1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
3. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to Treasuresofkenya.com a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

5.0 Hyperlinking to our Content

1. The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors, when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website

2. These organizations may link to our homepage, to publications or to other website information so long as the link:
• is not in any way misleading;
• does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
• fits within the context of the linking party’s site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources such as Chambers of Commerce, Kenya Association of Manufacturers (KAM), Consumer Federation of Kenya (COFEK) and other internationally recognized Consumers Unions;
• dot.com community sites;
• associations or other groups representing charities, including charity giving sites;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms whose primary clients are businesses; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavourably on us or our accredited businesses
(for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b) the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Treasures of Kenya; and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to mail@treasuresofkenya.com. Please include your name, your organization name, contact information (such as a valid phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:
• By use of our corporate name; or
• By use of the uniform resource locator (web address) being linked to; or
• By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Treasuresofkenya.com’s logo or other artwork will be allowed for linking absent a trademark license agreement.

5.1 Removal of links from our website

If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

5.2 Iframes

Without prior approval and express written permission, you may not create frames around our Webpages or use other techniques that alter in any way the visual presentation or appearance of our Website.

5.3 Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

6.0 Reservation of Rights

We reserve the right and sole discretion at any time to request that you remove all links or any particular link to our Website and that you agree to immediately remove all links to our Website upon such request.
We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.

7.0 Disclaimer

Whilst every care has been taken in preparing the materials and information contained in this Website, such materials and information are provided on an “as is” basis, without representation or warranty of any kind, express, implied or statutory regarding non-infringement, security, accuracy, reliability, unavailability, downtime, malfunction, fitness for a purpose or freedom from computer viruses is given in connection with such materials and information. Nothing in this disclaimer will:
1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.

8.0 Severability

If any provision of these Terms is found to be invalid under any applicable law in Kenya, such provisions shall be deleted without affecting the remaining provisions herein and shall be replaced with applicable provisions.

9.0 Variation of Terms

Treasuresofkenya.com is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

10.0 Assignment

Treasuresofkenya.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11.0 Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Republic of Kenya, and you submit to the non-exclusive jurisdiction of the courts located in Kenya for the resolution of any disputes.

11.1 Entire Agreement

These Terms constitute the entire agreement between Treasuresofkenya.com and You in relation to your use of this Website, and supersede all prior agreements and understandings.

12.0 Web Shop

12. 1 Our ProductsWe offer the Products specified in the Product Catalogue for sale. Sale of the Products is subject to availability.

12.2 Prices

• The price of the Products will be as set out in the Product Catalogue in force at the time that you create your Order.
• Our prices may vary and change at any time, but price changes will not affect Orders which we have accepted.
• If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your Order.

12.3 How to Order Products

• Our shopping pages will guide you through the steps you need to take to place an Order with us.
• Once you have successfully created an Order, we will provide you with an Order number for tracking and reference purposes and send you an email acknowledging that we have received your Order.
• Our acceptance of the Order is conditional upon our receipt of your payment and dispatch of purchased products to you. We will confirm our acceptance to you by sending you an email confirming your Order (“Order Confirmation”).

12.4 Price and Payment

The price of the Products will be as quoted on our Website, except in cases of obvious error. These prices exclude import duties, taxes and delivery costs, which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
We currently accept the following modes of payment: Cash, MPESA Mobile Money Transfer, Bank Transfers, Bankers Cheques and Personal Cheques. Returned cheques will incur a Ksh. 1,000 charge to cover banking fees and administrative costs. In the instance of a second returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall in the future insist on cash and MPESA transactions only. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Whilst we accept payment via Cheque and Banker’s Draft, deliveries will only be made once the Cheque or Banker’s Draft clears from the bank within 5 working days.
All Cheques or Bankers Draft must be made out in the name The Treasure Syndicate (K) Ltd
Payment in full (including finalization of any lay-by arrangements) is required prior to delivery arrangements can be made, as payment on delivery cannot be accepted.
If the delivery address and billing address are different, or to enable us to carry out necessary security checks, you must provide proofs of address.

12.5 Delivery

You will be able to choose your preferred delivery method at check-out. The prices of products exclude delivery costs.
Delivery of an Order shall be completed when we deliver the Products to the address you gave us or where you collect the Products from one of our agents outlets or package delivery service where all risk and ownership in and to the Products will pass to you from the date of delivery.
• We cannot be responsible for any late delivery or failure to deliver due to circumstances beyond our reasonable control. You will need to advise us of any changes in delivery instructions or circumstances.
• At the time of delivery you or your representative will be asked to sign a form to acknowledge that the goods were delivered in good and proper condition. We will assume that anyone at the delivery address who receives the goods is authorized to receive them and provide the acknowledgment.
• Where the purchaser requests the merchandise to be left unattended upon delivery, Treasures of Kenya,The Treasure Syndicate (K) Ltd and its agents accept no responsibility for any loss or damage or theft that might occur thereafter.

12.6 Faulty Product or lost in Transit

a) We will replace at no extra cost to You any Products damaged on or before delivery, provided that You notify Us of the damage by telephone or in writing via email as soon as is reasonably possible after receipt of the Products.
b) Subject to clause (a) above, We will replace at no extra cost to You, any Products which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Products fail to arrive within 28 days after the anticipated delivery date.

12.7 Returning faulty goods

In these terms and conditions, faulty products means any Products we supply to you that do not conform to the contract. Faulty products does not include any Products that are faulty due to fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than in accordance with their intended use, failure to follow the manufacturer’s or our instructions, or any alteration or repair carried out without the prior approval of us or the manufacturer. You should notify us as soon as possible if you discover that any Products are faulty.

12.8 Returning goods – general

When you return goods to us for any reason (for example because you have cancelled the contract because you think they are faulty):
1. you must ensure that they are properly and securely packaged and labelled with our address; you are always responsible for any damage in transit that is due to incorrect or inadequate packaging by you; and
2. you are responsible for any damage or loss in transit where you arrange the transport (rather than using our courier)

12.9 Cancellation of Order

a) Where You are a Consumer, and entitled to cancel under the Consumer Protection Act No. 46 Of 2012, C36A of the Laws of Kenya (Obligations and Cancellations) You may cancel Your Order without giving any reason by notifying us in writing (or by Email mail@treasuresofkenya.com) within 7 calendar days from the date of receipt of the Products.
b) In the event that You are a Consumer and You choose to cancel your Order and return the Products to Us in accordance with this clause, we will refund the Price, including the delivery fee, to You. You will be responsible for the cost of returning the Products to Us.

13.0 Force Majeure

We shall not be liable and do not accept responsibility for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our reasonable control.

14.0 Limitation of liability

We shall not be liable to you for any loss or damage:
1. where there is no breach of a legal duty owed to you by us or by our employees or agents; where such loss or damage is not reasonably foreseeable to us when we accept your order;
2. to the extent that any increase in loss or damage results from breach by you of any term of the contract

PRIVACY POLICY – WWW.TREASURESOFKENYA.COM

Introduction

In addition to reviewing this privacy policy (‘Privacy Policy’), please read our Terms and Conditions as presented on the website www.treasuresofkenya.com (‘Treasuresofkenya.com’ or ‘Website’). Your use of Treasuresofkenya.com constitutes agreement to our terms and conditions.
Treasuresofkenya.com takes the privacy of its customers’ data very seriously. Please read this Privacy Policy in full to understand how we will treat your entered personal data after it has been collected by us through this Website.
In the unlikely event of this Privacy Policy changing, we will inform you via our homepage. However, we assure you that we only use your data, as entered by you on this Website, for legitimate business reasons and as specified in this Privacy Policy. Continued access and use of Treasuresofkenya.com by you will constitute your acceptance of any changes or revisions to the Privacy Policy.
One of the goals of Treasuresofkenya.com is to bring you information that is tailored to your individual needs and, at the same time, to protect your privacy. The information set out below is a summary of the various ways in which we treat the information you provide us with whilst using our site.

The type of information Treasuresofkenya.com collects
Treasuresofkenya.com generally collects personally identifying information with your specific knowledge and consent. We can collect data on you from a variety of different sources. These include:
• When you purchase products or services from the site and knowingly provide us with your personal details;
• When you become a subscriber to our newsletter;
• When you activate an account;
• When you speak to our personnel and provide them telephonically or by email with your personal information (e.g. name, contact details, including e-mail address, credit card details etc);
• Via explicit data capture measures, for example by entering competitions and completing surveys;
• Via implicit data capture measures such as studying which pages you read the most via the use of cookies.
In any of the above cases the data we collect could be personal data, such as your e-mail address, name or phone number. Optional information such as your age, location or gender may also be requested.

How Treasuresofkenya.com uses information provided by you
When you buy anything via our website or give us any personal data as indicated above, we may need to collect information about you to process the transaction, fulfil your order and provide you with the services you expect then, and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your credit card details.
Unless we have your express consent, we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data. There may be occasions when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided solely for that purpose.
Treasuresofkenya.com retains and uses your personal information to provide you with the best remote commerce experience by providing you with a personalised service and to give you details of offers which we think will be of interest to you. We may also use the information to process any transactions you undertake with us and for internal administration and analysis.
We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.

Cookies

Treasuresofkenya.com uses cookies. A cookie is a piece of text stored on a user’s computer by their web browser. Below we describe two types of cookies:
i) Session cookies:
These are used to maintain something called session state and only last for the duration of users using the Website. A session cookie expires when a user closes his/her browser, or if a user has not visited the server for a certain period of time i.e. if you consider your journey through the site to be a conversation with us, this cookie reminds the site where we were in that conversation (for instance if at some point in the conversation you asked us to add a hotel to your basket, next time you click on the basket it will still be there). These are required for the site to function effectively but are not used in any way to identify you personally.
ii) Permanent cookies:
These cookies outlast user sessions and store a unique number on your hard drive in order to identify you as an individual user. No personal data is stored in these cookies. You can view these by looking in the cookies directory of your browser installation. We use these cookies to identify you between website visits. For example, if you were browsing Cape Town hotels last time you were on the site and we have a great hotel deal, we may use this cookie to recognize you and show you this deal. These permanent cookies are not required for the site to work but may enhance your browsing experience. Although you cannot block ‘session’ cookies as they are required for our site to function correctly, your internet browser can be configured to reject ‘permanent’ cookies and is dependent on the type of internet browser you use. Please refer to the relevant internet browser manufacturer’s website where you should be able to view the steps in rejecting these cookies if you wish to do so.

IP Address

Your Internet Protocol (“IP”) address is usually associated with the place from where you access the internet, like your Internet Service Provider, your company or your university. We may use your IP address to help diagnose problems with our server, gather broad demographic information, and administer our Website.

Data Protection Legislation

Because Treasuresofkenya.com’s operations are based in Kenya, we operate in accordance with applicable Kenyan data protection legislation.

Consent

By disclosing your personal information to us using this Website or over the telephone, you consent to the collection, storage and processing of your personal information by Treasuresofkenya.com in the manner set out in this Privacy Policy. Some information and e-mails sent to Treasuresofkenya.com, via direct email or in response to our feedback system, may be used as testimonials on our communication channels (e.g. social media pages) or our Website. In this event, no e-mail addresses or contact details will be displayed.

Opt-Out Policy

Treasuresofkenya.com newsletter subscribers have the option to opt-out of receiving further information from us. Click here to unsubscribe. If you are registered on any part of Treasuresofkenya.com, you may also change or update your member preferences or information with any section of the site where you have signed up, registered or created any type of account. You may also delete your account at any time.

Change / Modify E-mail Details

To change your e-mail address details, send an e-mail with your correct details to: mail@treasuresofkenya.com
If you need to modify or change your personal details after you have made a purchase on the site please contact us as soon as possible.

Contact

If you have any questions or concerns about the information we hold about you, don’t hesitate to Contact Us.

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