Terms and Conditions
Introduction
Welcome to Jumbo Quality Products Limited’s website, www.jumboquality.com. These terms and conditions apply to the site. By accessing the site, you confirm your understanding of the terms and conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The site reserves the right to change, modify, add, or remove portions of both the Terms and Conditions of Use and the Terms and Conditions of Sale at any time. Changes will be effective when posted on the site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the site following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes. Kindly review the Terms and Conditions listed below diligently prior to using this website, as your use of the website indicates your agreement to be wholly bound by its Terms and Conditions without modification. You agree that if you are unsure of the meaning of any part of these Terms and Conditions or have any questions regarding the Terms and Conditions, you will not hesitate to contact us for clarification. These Terms and Conditions fully govern the use of this website. No extrinsic evidence, whether oral or written, will be incorporated.
Terms and Conditions of Use
Use of the site
You confirm that you are at least 18 years of age or are accessing the site under the supervision of a parent or legal guardian.
Both parties agree that this website may only be used in accordance with these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable, and non-exclusive license to use this site, in accordance with the Terms and Conditions of Use, for such things as shopping for personal items sold on the site, gathering prior information regarding our products and services, and making purchases. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. These Terms and Conditions of Use specifically prohibit actions such as accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, and infringing any intellectual property rights. This list is non-exhaustive, and similar actions are also strictly prohibited.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Certain services and related features that may be made available on the site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself and to promptly update such information if there are any changes. Every user of the site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such a password or account. Furthermore, you must notify us of any unauthorised use of your password or account. The site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
During the registration process, you agree to receive promotional emails from the site. You can subsequently opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
User Submissions
By submitting any content to the site and/or providing us with any materials, including but not limited to questions, reviews, comments, suggestions, or other content (collectively, “Submissions”), you grant us a limited, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, display, distribute, or adapt your Submissions for purposes including, but not limited to, operating, marketing, and improving our services.
In addition to the rights granted above, when you post comments or reviews to the site, you also grant us the right to use the name associated with your submissions in connection with such review, comment, or other content. We may share or post these reviews across various marketing platforms, including social media, advertisements, or promotional materials, while maintaining the integrity of your content.
You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any submissions. We may, but are not obligated to, remove or edit any submissions that violate these Terms and Conditions or are otherwise inappropriate.
By completing an order or signing up, you agree to receive:
Emails related to finalising your order may include relevant offers from third parties.
Emails requesting you to review POA tanks and your purchase.
Promotional emails, SMS, and push notifications from POA TANKS.
You may unsubscribe from promotional emails and SMS via a link provided in each email or by following the unsubscribe instructions in SMS communications. If you wish to remove your personal information from our database or unsubscribe from emails and/or SMS, please contact Customer Service.
Information Available on Website
You accept that the information contained in this website is provided as is, where is, is intended for informational purposes only, and that it is subject to change without notice. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon, and it does not in any way constitute either a representation or a warranty or a guarantee.
Submissions or opinions expressed on this site are those of the individual posting such content and may not reflect our opinions.
Accessibility of Website
Our aim is to ensure accessibility to the website at all times; however, we make no representation of that nature and reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur in order to allow for website improvements, or scheduled maintenance, or may also be due to outside factors beyond our control.
Intellectual Property
Both parties agree that all intellectual property rights and database rights, whether registered or unregistered, in the site, information content on the site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorised by us or our licensors.
Any unauthorised use of the material and content of this website is strictly prohibited, and you agree not to or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such material and content.
Data Protection
- Collection of Personal Data
By using this website, you agree to the collection, processing, storage, and use of your personal data in accordance with this clause. We collect personal information such as your name, email address, phone number, physical address, and any other information necessary for providing our services or fulfilling your requests. - Use of Personal Data
The personal data we collect is used for the following purposes:
To process your orders and provide the products or services requested.
To communicate with you regarding your transactions, enquiries, and updates about our products and services.
To improve our website, products, and services.
To comply with legal and regulatory requirements.
- Disclosure of Personal Data
We do not sell, share, or disclose your personal data to third parties, except:
To service providers or partners assisting us in delivering services to you (e.g., delivery companies).
When required by law or government authorities.
With your consent.
- Data Security
We take reasonable measures to ensure the security of your personal data, including protecting it from unauthorised access, loss, misuse, or alteration. While we strive to safeguard your information, no system is entirely secure, and we cannot guarantee absolute security. - Your Rights
As a data subject, you have the following rights under the Kenyan Data Protection Act, 2019:
Right to Access: You may request access to the personal data we hold about you.
Right to Correction: You may request that we correct or update inaccurate or incomplete personal data.
Right to Deletion: You may request the deletion of your personal data in certain circumstances, subject to applicable legal or contractual obligations.
Right to Object: You may object to the processing of your personal data for marketing purposes or where it is processed unlawfully.
To exercise these rights, please contact us using the details provided on the website.
- Data Retention
We will retain your personal data only as long as it is necessary for the purposes outlined above or as required by applicable laws and regulations. - Cookies and Tracking
Our website may use cookies and similar technologies to enhance the user experience and gather information about site usage. You can adjust your browser settings to reject cookies, but this may limit certain functionalities of the website. - Amendments to this Policy
We may update this Data Protection clause from time to time to reflect changes in legal requirements or our practices. Any changes will be effective when posted on the website.
Indemnity
You agree to indemnify and hold us, our affiliates, officers, directors, agents, and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.
Miscellaneous Provisions
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Terms and Conditions of Sale
General
You confirm that you are at least 18 years of age or are accessing the site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of sale, you will not hesitate to contact us for clarification prior to making a purchase.
These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
Formation of Contract
Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout, and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product. Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The site reserves the right to refuse or cancel any order for any reason at any given time.
Acceptance of Electronic Documents
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Payment and Pricing
We are determined to provide the most accurate pricing information on the site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit/debit card charged. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products.
You can find all the details about our payment methods in the footer of our website or on the checkout page.
Dispute Resolution
Negotiation and Mediation:- In the event of any dispute, claim, or disagreement arising out of or in connection with these Terms and Conditions or the relationship between the parties, the parties agree to attempt to resolve the matter amicably through good faith negotiations. If you have any concern or dispute about the service, you agree to first try to resolve the dispute informally by contacting the company. If the dispute cannot be resolved within 14 days from the date one party notifies the other of the dispute, the parties agree to submit the dispute to mediation in accordance with the Mediation Rules of the Chartered Institute of Arbitrators (Kenya Branch).
- Arbitration:-
If the dispute is not resolved through mediation within 30 days from the initiation of mediation, the dispute shall be referred to and finally resolved by arbitration under the Arbitration Act, 1995 (Cap 49, Laws of Kenya). The arbitration shall be conducted by a single arbitrator appointed in accordance with the rules of the Chartered Institute of Arbitrators (Kenya Branch). The seat of the arbitration shall be Nairobi, Kenya, and the language of the arbitration shall be English.
- Governing Law:-
These Terms and Conditions and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Kenya.
- Jurisdiction:-
The courts of the Republic of Kenya shall have exclusive jurisdiction over any legal action, proceedings, or disputes arising out of or in connection with these Terms and Conditions, except as expressly provided for in this clause.
Delivery
We offer FREE DELIVERY to all major towns within Kenya (terms & conditions apply). For locations out of our delivery grid, you may be charged a reasonable transport charge. Please call us for any clarification.
We make every effort to deliver goods within the estimated timescales set out on our site; however, delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond our reasonable control.
Product Variations Clause
We strive to ensure that all product descriptions, images, and specifications on this website are accurate and up-to-date. However, due to periodic updates to our molds and manufacturing processes, there may be slight variations in product dimensions, colors, and design details compared to the images and descriptions displayed.
These updates are implemented to improve product quality and functionality and do not constitute a defect or error. By purchasing our products, you acknowledge and accept that such variations may occur.
If you have specific requirements or concerns regarding product dimensions, colors, or design details, please contact our customer service team prior to purchase for clarification.
Return Policy
Our return policy is contained in the document titled Return Policy on our site. Check it out here.
Indemnity
You agree to indemnify us, our affiliates, officers, directors, agents, and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.
Miscellaneous Provisions
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements.
DISCLAIMER: Due to periodic updates to our moulds and manufacturing processes, there may be slight variations in product dimensions, colours, and design details compared to the images shown on the website. While we strive to ensure accuracy, these changes are intended to improve product quality and functionality. We appreciate your understanding.