By accessing the Naivas website (https://naivas.online) or using any of our e-commerce services, you agree to be bound by the following terms and conditions. If you do not agree to these terms, please do not access or use the website or its services.

1. Agreement Overview
These Terms of Service (the “Agreement”) constitute a legally binding agreement between you (“User”, “You”, “Your”) and Naivas Online (“Naivas”, “We”, “Our”, “Us”) regarding your access to and use of the Naivas website, online store, and any related services (collectively referred to as the “Site”). By using this Site, you agree to comply with these Terms of Use.

2. Changes to the Terms
Naivas reserves the right to update or modify these Terms of Use at any time, and such changes will be effective immediately upon posting the revised Terms on the Site. We encourage you to review these terms periodically. By continuing to use the Site after any changes to these Terms are posted, you accept and agree to the modified terms.

3. Eligibility
To use this Site, you must be at least 18 years old or have the legal capacity to form a binding contract. Minors (those under 18) may use the Site only with the permission and supervision of a parent or guardian.

4. Registration
To access certain features of the Site, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you suspect any unauthorized access to your account, you must notify us immediately.

5. Intellectual Property
The Site, including its content (e.g., text, images, videos, logos, software, and other materials) and the Marks (trademarks, service marks, and logos), is owned or licensed by Naivas and is protected by copyright and other intellectual property laws. You may only use the Site for personal, non-commercial purposes. You may not copy, reproduce, distribute, or exploit any of the content or marks without prior written consent from Naivas.

6. Products and Pricing
We make every effort to display product details accurately, including color, size, and pricing. However, we do not guarantee the accuracy, completeness, or reliability of product descriptions, images, or prices. Prices are subject to change without notice, and we reserve the right to correct any pricing errors.

7. Orders and Payments
When you place an order on the Site, you agree to provide current, complete, and accurate payment information. We accept various payment methods, including mobile money, bank transfers, and credit/debit cards. By submitting an order, you authorize us to charge your chosen payment method for the applicable amount.

You are responsible for ensuring that your payment information is accurate. If we encounter any issues with processing your payment, we may contact you to resolve the matter. All payments are processed in Kenyan Shillings (KES).

8. Shipping and Delivery
We will make every effort to process and ship orders in a timely manner. Delivery times may vary based on location and availability. You are responsible for providing a correct and complete shipping address to ensure proper delivery.

If your order arrives damaged or incorrect, please contact us immediately to resolve the issue. We offer returns or exchanges for items that are damaged upon arrival, as long as the issue is reported at the time of delivery.

9. Return and Refund Policy
We want you to be satisfied with your purchase. If an item is damaged upon delivery, please contact the delivery driver and notify them immediately. For damaged items, we will replace them at no additional cost. Once the order has been confirmed and accepted by you, no returns will be accepted unless there is a problem with the item that is our responsibility.

Please review our full Return Policy on the Site before making any purchases.

10. Prohibited Activities
By using the Site, you agree not to:

*Use the Site for any illegal or unauthorized purposes.

*Engage in any activity that disrupts or interferes with the functioning of the Site.

*Attempt to gain unauthorized access to any system or account.

*Post or transmit any harmful or illegal content, including viruses, malware, or spam.

*Engage in any form of data mining, scraping, or other similar activities.

11. User Contributions
You may have the opportunity to submit user-generated content (e.g., reviews, comments, suggestions) to the Site. By submitting content, you grant Naivas a non-exclusive, royalty-free license to use, modify, and distribute your content for any purpose related to the Site.

You represent and warrant that your contributions:

Do not infringe on any third-party rights.

Are not harmful, obscene, defamatory, or otherwise unlawful.

Do not violate any applicable law or regulation.

Naivas reserves the right to remove any content that violates these Terms.

12. Limitation of Liability
Naivas will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, including but not limited to damages for lost profits or data, even if Naivas has been advised of the possibility of such damages.

13. Indemnification
You agree to indemnify and hold harmless Naivas, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of the Site, violation of these Terms, or infringement of any intellectual property rights.

14. Governing Law
These Terms of Use are governed by the laws of Kenya. Any disputes arising from the use of the Site will be resolved in the courts of Kenya.

15. Privacy
Your use of the Site is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.

16. Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:

17. User Contributions
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

18. Guidelines for Reviews
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

*You should have firsthand experience with the person/entity being reviewed;

*Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

*Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

*Your reviews should not contain references to illegal activity;

*You should not be affiliated with competitors if posting negative reviews;

*You should not make any conclusions as to the legality of conduct;

*You may not post any false or misleading statements;

*You may not organize a campaign encouraging others to post reviews, whether positive or negative.

*We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by Naivas, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

*We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.

You shall not:

*Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

*Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

*Violate any applicable laws, rules, or regulations in connection with your access or use of the application;

*Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by Naivas or the licensors of the application;

*Use the application for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended;

*Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

*Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

*Use the application to send automated queries to any website or to send any unsolicited commercial e-mail;

*Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.

1. Android and Apple Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:

The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

In the event of any failure of the mobile application to conform to user needs, you may notify the customer service team and, may refund the purchase price on goods, if any, paid;

You represent and warrant that (i) you are not located in a country that is subject to a Kenyan government embargo, or that has been designated by the Kenyan government as a “terrorist supporting” country and (ii) you are not listed on any Kenyan government list of prohibited or restricted parties;

You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application.

2. Social Media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the email onlinesupport@naivas.co.ke or through your account settings. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

3. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information regarding the Site provided by you to Naivas are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

4. Third Party Websites and Content

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, or privacy practices of or contained in the Third-Party Websites or the Third-Party Content.

5. Privacy

By using the Site, you acknowledge and consent to the collection, use, storage, and processing of your data in accordance with our Privacy Policy. We are committed to maintaining the confidentiality and integrity of your personal information.

Data Collection: We collect personal data, including but not limited to your name, contact details, and transactional information, to improve your experience and provide personalized services. Data may also be collected automatically, including through the use of cookies and tracking technologies, to understand your preferences and enhance our services.

Use of Your Data: Your personal information may be used to:

*Provide and improve the services on the Site.

*Respond to inquiries, process transactions, and send communications related to your account and purchases.

*Offer customized content, advertising, and marketing based on your interests.

*Third-Party Data Sharing: We may share your personal data with third-party partners for operational purposes, such as payment processing and delivery, and as required by law or in the event of business transactions (e.g., mergers, acquisitions). We ensure that these third parties adhere to strict confidentiality standards.

Data Security: We implement industry-standard security measures to protect your personal information from unauthorized access, alteration, or destruction. However, no method of transmission or storage over the internet can be guaranteed to be 100% secure, and you acknowledge and agree that we cannot guarantee absolute security.

Cookies and Tracking Technologies: We use cookies and similar tracking technologies to analyze trends, administer the site, track users’ movements around the site, and gather demographic information. You can control the use of cookies through your browser settings, but doing so may affect your ability to access certain features of the site.

Retention of Data: We will retain your personal data for as long as necessary to fulfill the purposes outlined in these Terms and Conditions unless a longer retention period is required or permitted by law.

User Rights: Depending on your location, you may have certain rights regarding your personal data, including the right to access, correct, delete, or limit the processing of your personal information. If you wish to exercise any of these rights, please contact us through the contact details provided in the Privacy Policy.

International Transfers: By using the site, you acknowledge that your personal data may be transferred to and processed in Kenya or other countries where we or our third-party service providers operate. You consent to this transfer and processing in accordance with the laws of Kenya.

Consent to Receive Communications: By registering or making a purchase through the Site, you consent to receive transactional emails and promotional communications from us. You may opt-out of marketing communications at any time by following the unsubscribe instructions in the email.

Data Protection Compliance: We comply with applicable data protection laws and regulations, including the Kenya Data Protection Act and any other applicable regulations governing the processing of personal data.