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Terms & Conditions

Welcome to www.agapenutrition.co.ke. The following are the Terms and Conditions, read together with the Privacy Policy, that govern your purchase and use of the products and services (the “Products”) from www.agapenutrition.co.ke. And constitute a legally binding agreement, between you (”the Customer”, the ”User” or ”the Caregiver”) and agape nutrition consultancy .

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.agapenutrition.co.ke, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website, please read these Terms carefully as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website

By continuing usage of the Website, you are consenting to be bound by these T&Cs for use and access of the Website.

The Services constitute a technology platform that enables users of agape nutrition consultancy website provided as part of the

Services to order for health and wellness products. The Services are made available solely for your personal, non-commercial use.

  1. Eligibility
  2. You will be “Eligible” to use the Services only when you fulfill all of the following conditions:
  • You have attained at least 18 (eighteen) years of age.
  • You are competent to enter a contract under the Applicable Laws.
  • You have a valid registered mobile number
  • You agree to comply with our terms and conditions of use.
  1. If you are not eligible, please immediately abandon all attempts to register with us or use our services.
  2. You acknowledge that we rely completely on the information provided by you and we shall not be held liable if you or anyone who uses your Account to access the services on the Website/Application is not eligible to use the same.
  3. Creating an Account
  4. To use certain features of the Website (e.g., ordering Products, posting rating/reviews, receiving e-newsletters), you must set up an account with www.agapenutrition.co.ke (“my Account”) and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, email address, account password, mobile phone number and date of birth. All of your registration information provided in the Customer Information form is handled and stored in accordance with the terms set out in our Privacy Policy. The data provided by you will be used for contacting you for all service related matters.
  5. You understand and acknowledge that you can register on the Website only after complying with the requirements of Clause 1.1 and through a valid mobile number and Email ID.
  6. You will be required to enter Your Registration Data on the Website following which a One- Time Password (OTP) would be sent to the mobile number you have used to register. You will be required to enter the OTP to complete the registration process.
  7. Upon completion of the verification process in accordance with Clause 2.2 above, you will be added to our platform through which you can avail the Services offered on the Website.
  8. You represent and warrant that the information you submit during registration via the Customer Information form is truthful and accurate and that you will maintain the accuracy of such information.
  9. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
  10. In the event of any change in the said Registration Data, you agree to promptly update your Registration Data on the Account to ensure that the communication we intend to send to you is promptly delivered and is not sent to any other entity/third party.
  11. We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if we have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or any other reason we may find to do so. www.agapenutrition.co.ke will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your MY ACCOUNT, you shall immediately notify www.agapenutrition.co.ke on +254711449968. We also reserve the right to suspend your Account with immediate effect and for an indefinite period upon receipt of any complaint from the Service Provider.
  12. You are eligible to only one account in respect of your Mobile Number and Email ID.
  13. Your ‘MY Account’ username and password are personal to you. You may not assign or otherwise transfer your account and you will be responsible for the activities associated with your Account.

 

  1. By using the mobile view, you further agree that:
  • You will not authorize others to use your account;
  • You will not use website the for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
  • You will not use the website to cause nuisance, annoyance or inconvenience;
  • You will not try to harm website in any way whatsoever;
  • You will provide us with whatever proof of identity we may reasonably request;

 

 

 

 

  1. Customer eligibility

Our Customers or Users must be over 18 years of age and registered with us. www.agapenutrition.co.ke is not intended for children

under the age of 18. If you are below 18 years of age, please stop any further use of the Website

 

  1. Price and Payment
  2. All our product prices include all applicable statutory taxes.
  3. We make every effort to make sure that the pricing and availability of Products on our Website is accurate and up to date.

However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we

are not responsible for any typographical errors or other errors and we reserve the right to cancel the sale.

  1. We reserve the right to correct any inaccuracies or omissions related to pricing and product availability/descriptions, even after

you have submitted your order, and to change or update any other information at any time without prior notice.

  1. You can make the payment via any one of the following methods:
  2. Mobile Money –

 Mpesa

  1. Use of Information on the Website

 

  1. The information provided on the Website or through our services is intended for informational purposes only, and is not

intended to diagnose, treat, cure or prevent any disease.

  1. The information on this Website is not a substitute for professional medical advice or treatment for specific medical

conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or

other qualified healthcare professional with any questions you may have about your medical condition.

  1. Agape nutrition consultancy does not endorse any views or opinions that may be included in the Website Content, or other

information provided through our Services. Your submission of questions or reviews on our Products does not constitute a

professional relationship between you and www.agapenutrition.co.ke

  1. Disclaimer of Warranties and Limitation of Liability
  2. All information, Products and services included on or otherwise made available to you through this Website are provided by

agape nutrition consultancy on an "as is" and "as available" basis, either express or implied, we specifically disclaim

warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website is at your

sole risk.

  1. agape nutrition consultancy assumes no responsibility for any damages or viruses that may infect your computer equipment,

mobile phone or other property on account of your access to, use of, or browsing in this site.

  1. Agape nutrition consultancy has exerted reasonable efforts to ensure that all information published on the Website is accurate

at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the

right to remove or alter any of the information contained on the Website/App at our sole discretion.

  1. Agape nutrition consultancy endorses the effectiveness, quality, or safety of the Products available on its Website.
  2. Please note that while agape nutrition consultancy has made every effort to accurately display the colours of products on its

Website, the actual colour you see will depend on your device. We cannot guarantee that your device’s display of any colour

will be the same as the colour of the Products delivered to you.

  1. We may let you view our information and communicate with us through the Social Media services such as Facebook,

instagram and Twitter. Agape nutrition consultancy explicitly disclaims any responsibility for the terms of use and privacy

policies that govern the use of these third-party websites, which are in no way associated with us.

 

  1. Agape nutrition consultancy reserves the right to modify or withdraw any part of the Website or any of its content at any time

without notice.

  1. Website Availability

We take all reasonable care to ensure the availability of the agape nutrition consultancy Website 24 hours every day, 365 days per

year. However, the Website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons

beyond our control. Agape nutrition consultancy does not warrant uninterrupted access to this Website or any linked Website.

However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website.

  1. Links to third-party Website

We may provide links to third-party websites, our online payment service partners, which process your payments. We are not

responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or

inconvenience encountered as a result of using such website/App link.

  1. Terms of Sale
  2. Payment for your orders will be made as you complete the purchase.
  3. No credit facilities will be available and payment must be made in full.
  4. Agape nutrition consultancy will keep you updated on the status of your purchase throughout the ordering process until it is

delivered to the collection point of your convenience.

  1. Agape nutrition consultancy may accept or decline any order placed by a Customer in its absolute discretion without liability

to you.

  1. Agape nutrition consultancy reserves the right to discontinue any program or offer on its Website.
  2. We reserve the right, without prior notice, to limit the order quantity of any Products available on our online store.
  3. You acknowledge and you agree that you have fully and accurately disclosed your personal information and personal health

information and consent to its use by agape nutrition consultancy and/or its affiliates. You confirm that you have had a

physical examination by a physician and the prescription provided is issued by a certified medical practitioner.

 

  1. You understand that all products shall be dispensed by a registered nutritionist and authentication will be required to confirm

that the product is of good quality.

  1. If you are the patient/parent/authorized person on behalf of the patient, you authorize and appoint agape nutrition consultancy

or its affiliates, as your attorney and agent, to take all steps, sign all documents and to act on your behalf as if you were

personally present and acting for yourself for the limited purposes of (a) obtaining a valid prescription for any prescription

which you have sent through www.agapenutrition.co.ke ; and (b) packaging your prescriptions and delivering them to you. By

making this purchase you hereby authorize agape nutrition consultancy /or its affiliates to deliver the order to your designated

location by courier. This authorization shall include, but not be limited to: collecting and using your personal and personal

health information as reasonably necessary for the fulfillment of your order.

"YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL

BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES."

  1. "If you are the parent/legal guardian/authorized person for the patient disclosed herein, you affirm that you are over the age of

majority, and have full authority to sign for and provide the above representations to agape nutrition consultancy /or its

affiliates on the Patient's behalf."

  1. Prescription Medication Policy
  2. Agape nutrition consultancy takes all precautions to strictly abide by the laws and regulations set forth in the dispensing of

prescription supplements. By placing the order for your supplements, you acknowledge and accept the following terms

regarding the purchase of any items.

  1. The drug information provided in the agape nutrition consultancy is for informative purposes only and the Website is not

intended to provide diagnosis, treatment or medical advice. We are not liable for any adverse effects or harm to you as a result

of your reliance on the information in the Website.

  1. Agape nutrition consultancy requires either the User or Customer or the Caregiver to confirm he/she is completely aware of the

indications, side effects, drug interactions, effects of missed dose or overdose of the medicines he/she orders from us. It is

imperative to seek professional advice from your physician before purchasing or consuming any medicine from agape nutrition

consultancy.

 

  1. Agape nutrition consultancy, a Caregiver can order prescription medicines on your behalf.

12 Copyrights, Trademarks and other Intellectual Property Rights

  1. Agape nutrition consultancy is a registered business.
  2. As per the Terms and Conditions of agape nutrition consultancy, the Website grants access to Users/Customers to view the

content solely for visiting, ordering, and communicating with us only. All materials in this Website, including, but not limited

to, images, illustrations, text, logos and page headers, that are part of this Website are copyrights and/or other intellectual

properties owned by agape nutrition consultancy. All other trademarks not owned by agape nutrition consultancy that appear

on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored

by agape nutrition consultancy.

  1. You hereby agree that you will not reproduce, duplicate or copy the content of agape nutrition consultancy for any purpose,

unless you have been specifically permitted to do so in a separate agreement with this Website.

  1. User Indemnification

You hereby agree to indemnify, defend, hold harmless agape nutrition consultancy and its officers, directors, employees, agents,

information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs,

including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any

information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights

(including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property

right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters,

and you hereby agree to cooperate fully with us in asserting any available defenses.

  1. Applicable Law and Jurisdiction

These Terms and Conditions and your use of this Website and its content will be governed by and construed in all respects in

accordance with the laws of Kenya.

  1. Severability

 

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be

deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

  1. No Waiver

No failure on the part of agape nutrition consultancy to enforce any part of these Terms and Conditions shall constitute a waiver of

any of agape nutrition consultancy’s rights under these Terms and Conditions, whether for past or future actions on the part of any

person. Neither the receipt of any funds by agape nutrition consultancy nor the reliance of any person on agape nutrition consultancy

actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an

authorized representative of agape nutrition consultancy shall have any legal effect whatsoever.

  1. Submissions
  2. Agape nutrition consultancy reserves sole discretion to accept, edit or reject any and all materials you may send to us

(“Submissions”). Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive,

indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive

materials may violate relevant laws, regulations and ethics of pharmacy.

  1. Agape nutrition consultancy shall be deemed to own all known and hereafter existing rights of every kind and nature regarding

the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the

Submissions for any purpose, without compensation to you, including a non- terminable, royalty-free and non-exclusive

license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your

Submission; and to publish your name in connection with your Submission.

  1. You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party's patent,

copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

  1. The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus,

worm or other harmful components into the agape nutrition consultancy Website.

  1. Agape nutrition consultancy does not endorse and is not responsible for any Submissions on its Website. We will not be liable

for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements,

opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.

 

  1. Termination

You agree that agape nutrition consultancy, in its sole discretion and for any or no reason, including without limitation if you breach

these Terms and Conditions, may terminate your access to and use of the Website, at any time. You agree that any termination of your

access to the Website or suspension of your account may be effected without prior notice, and you agree that agape nutrition

consultancy shall not be liable to you for any such termination. Your right to use the agape nutrition consultancy Website /Service

immediately ceases upon termination of your access/use of the Website.

  1. Changes to these Terms and Conditions

Agape nutrition consultancy reserves the right to amend these terms and conditions from time to time. agape nutrition consultancy will

notify you of any material changes or additions to these Terms and Conditions and will provide you with a copy of the amended

Terms and Conditions, either under this Website, by use of your email address provided to agape nutrition consultancy or by any other

suitable means which ensure that you will be able to take notice of the changes to these Terms and Conditions.

These Terms were revised and published in 2019.

Contact Information

Please contact us for any questions or comments regarding these Terms and Conditions.

Telephone number: +254711449968

E-mail: info@agaoenutrition.co.ke