Terms and Conditions
TERMS AND CONDITIONS
Introduction
Please carefully read the terms and conditions (“Terms and Conditions”) below before signing up and placing any order for any of the Goods or Services from Barddy Drinks Ltd and its affiliated website(s) and mobile phone application.. By accessing and placing an order for any of the Goods or Services from these Websites, whereas it is by phone, through our mobile applications or by any other available channel, you agree to be bound by these Terms and Conditions.
Any use of this website ﴾the “Site”﴿ by you is conditional upon your acceptance of these Conditions of Use, including our Privacy and Cookie Notice ﴾collectively, “Conditions of Use”﴿. We reserve the right to amend these Conditions of Use from time to time without notice and at our discretion. It is your responsibility to review this page periodically for updates, which shall come into effect when posted. Your continued use of the Site and App constitutes acceptance of these Conditions of Use. We reserve the right to change, modify, suspend, or discontinue any portion, features, or content of the Site and App at any time. We also may impose limits on certain features or restrict your access to parts of or the entire Site and App without notice or liability. The Site and App is operated by Barddy Drinks Limited ﴾registered in Kenya with company registration number PVT-AAAAAA9). Herein referred to as the “Company”
The Site is intended for your use only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the Site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or access, and you should leave the Site immediately. You may also restrict access to this site using content filtering software or by changing your computer settings ﴾e.g. browser or operating system﴿, as appropriate.
DO NOT ACCESS THE SITE THROUGH ANY AVAILABLE CHANNEL IF YOU DO NOT ACCEPT THESE CONDITIONS OF USE IN THEIR ENTIRETY
Definitions
· “Agreement” references these Terms and Conditions (T&Cs), the Privacy Policy, any payment instructions provided to you and any other form we might provide to you.
· By “Privacy Policy” we mean the policy accessible on our Websites which details how we collect and store your personal data.
· “you”, “your” and “yours” are references to you, the person accessing these Websites, and placing the orders for the Goods or Services we display on it. Access through any other channel provided by Barddy Drinks Ltd will also bound you to these Terms and Conditions.
· “we”, “us”, “our”, or “Barddy” are references to the Company, our officers, directors, agents, employees and representatives.
· “Goods” is a reference to any goods which we may offer for sale from our Websites from at a given time.
· “Service” or “Services” is a reference to any service which we may supply and which you may request via our Websites.
· “Seller” is a third party not only limited to an entertainment establishment, bar, club, restaurant, wines and spirit outlet or event organizer, who has agreed to co-operate and partner with the Company to prepare and avail for collection of the Goods or Services.
· “Event” references the occasion on a specific date or period which the order is valid for.
· “Drinks” references alcoholic beverages provided by the third parties who take full responsibility.
· “Goods” reference to the drinks on offer and available for delivery.
· “Order” references to a request made by the site user to source and deliver goods to your assigned address..
· “Website”, or “Site” is a reference to our Website www.barddydrinks.com its affiliated websites, mobile phone applications or any other platform we will choose to offer our Goods or services.
1. Ordering
i. By placing an order through our Site, you enter into an agreement with Barddy Drinks Ltd with respect to the processing of that order and delivering to your designated address. For mobile money payments, Barddy Drinks Ltd is also responsible for any returns or refunds either directly or through its designated representatives and partners. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of signing up on our Website. You also warrant that the mobile number details that you provide for contact and mobile money payment purposes are your own and that you have sufficient funds to make the payment.
ii. You warrant that you are the legal holder of the SIM card and the funds backing it. You should also warrant that you have sufficient funds to make the payment.
iii. Any Goods and Services or Drinks which you might buy from this Site are intended for your use only. Resale of any of such Goods and Services or Drinks or acting as an agent for a third party is forbidden under this agreement. Only when acting as a principal should you order the Services.
iv. When ordering from this Site you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
v. Any order that you place in or site or related platforms is subject to availability. Once you purchase an order online, you will receive a confirmation of your purchase by either SMS or email. These SMS or email confirmation will be produced automatically and will give you confirmation of your order details.
vi. If the order has been cancelled or items are out of stock, we will communicate to you and any amount paid will be refunded less any administrative fees where applicable.
vii. Orders once placed and payment made are non-refundable.
2. Prices and Payment
i. All Prices are in Kenya Shillings (KES)
ii. Any order for the delivery of the drinks from this Site is between you and Barddy Drinks Ltd. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the mobile phone details that you provide are for your own SIM card and that you have sufficient funds to make the payment.
iii. All prices listed on the Site are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and relevant charges. We also reserve the right to alter the drinks or Services available for sale on the Sites and to stop listing Sellers, drinks or services.
iv. All prices listed on the Sites for drinks reflects the prices at the time of listing. We take great care to keep them up to date. In case the price listed is not current after you have placed the order, we will contact you to inform you about the price difference and you can choose to opt-out of the order.
v. All prices for delivery of drinks on the Site are correct at the time of publication, however, we reserve the right to alter these in the future.
vi. The total price for drinks or Services ordered, including any relevant charges, will be displayed on the Site when you place your order. Full payment must be made for all drinks and Services provided. Payment has to be made through mobile money or card payment options.
vii. To ensure that shopping online is secure, your mobile number details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your mobile number or card company may also conduct security checks to confirm that it is you placing the order.
3. Delivery
i. We aim at ensuring that your drink orders are collected and delivered on the same day. However, this might not always be the case due to unforeseen circumstances including stocking and logistical challenges.
iii. In the unlikely event that your delivery is not as per the order, we shall take the necessary corrective actions to ensure the order is as per the purchased items at no extra cost to you.
iv. No substitution or refund will be made in the unlikely event that your delivery is as per the order placed but you would wish to change the items.
v. We are responsible for the timeliness and quality of service provided in delivering your drinks however this may be impacted by various logistical challenges that may not be within our control. We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of delays and quality of service that is not within our control.
4. Refund Policy
i. Items once purchased are not refundable except in the case whereby we may be out of stock or delivery is not possible due to unforeseen challenges or events that are out of our control.
ii. In the unlikely event that your delivery is not as per your order, we shall take the necessary corrective actions to deliver the right items and a refund will only be due if and only if the corrective actions fail to deliver as per your initial order.
iii. No refund is due in the event that you would like to change your order once payment has been made. A new purchase will have to be made for the different items.
iv. A refund where due may be made in full or partially at our discretion. This will be guided by this refund policy and items affected on the purchase list.
v.
5. Rights
All rights in all material and content ﴾including, but not limited to, text, images, web pages, sounds, software ﴾including code, interface, and website structure﴿, and video, and the look and feel, design, and compilation thereof﴿ on the Site are owned or granted or approved or licensed by us. You agree that you are permitted to use these material and/or content only as set forth in and to the extent permitted by these Conditions of Use.
6. Intellectual Property
Unless otherwise indicated, we are the owner and/or authorized user of all trademarks, service marks, design marks, trade dress, patents, copyrights, database rights and other intellectual property ﴾collectively, the “Intellectual Property”﴿ appearing on or contained within the Site and App. Except as provided in these Conditions of Use, your use of the Site and App does not grant you any right, title, interest, or license to any such Intellectual Property you may access on the Site. Except as provided in these Conditions of Use, any use or reproduction of the Intellectual Property is prohibited.
7. Restrictions on Use
Except as expressly authorized by law, by us, or by the applicable licensor in writing, you are not entitled to reproduce, transmit, license, sell, publicly perform, distribute, adapt, translate, modify, bundle, merge, share, or otherwise make available to any person, or to create derivative works of, any or all of the materials or content available on the Site, or to use it for commercial purposes.
8. User Information
In the course of your use of the Site, you may be asked to provide personally identifiable information to us ﴾such information referred to hereinafter as “User Information”﴿. Our information collection and use policies with respect to such User Information are set forth in the Privacy and Cookie Notice. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. You authorize us to use, store or otherwise process your personal information in order to provide Goods or Services to you and for marketing and credit control purposes (the “Purpose”). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Goods or Service to you. More information can be found in our Privacy Policy.
You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
9. Conditions of Use and Acceptable Usage Policy Relating To Public Forums
The Site may contain interactive services, including but not limited to discussion groups, news groups, bulletin boards, chat rooms, blogs and other social networking features, such as the display of Linked Content from Interfacing Sites ﴾as described in Section 5 below﴿ ﴾collectively, “Public Forums”﴿, which may allow you to post, transmit or submit information, including but not limited to writings, images, illustrations, audio recordings, and video recordings ﴾“Postings”﴿. We may or may not actively monitor Postings on Public Forums. Similarly, we may or may not exercise editorial control over Postings on any Public Forum. You may be exposed to content on Public Forums that is inaccurate, fraudulent or deceptive, or that you find offensive or objectionable. Your use of Public Forums is at your own risk. We reserve the right, but are not obliged, to monitor Public Forums and to remove or alter any Postings that we consider, in our sole discretion, to constitute misuse of these rules. We may restrict, suspend or terminate your use of these services or the Site and App where, in our sole discretion, we believe that there may have been such a misuse. The following examples constitute misuse of the Site and App:
i. Using the Site for any improper, unlawful, or immoral purpose, causing any nuisance by your use of the Site and App or causing the operation of the Site and App to be jeopardized or impaired.
ii. Using the Site and App to create, host, or transmit ﴾whether in a Public Forum or otherwise﴿ any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex.
iii. Using the Site to harm or attempt to harm minors in any way.
iv. Using the Site to create, host, or transmit any material that threatens or encourages bodily harm or the destruction of property, or would constitute a criminal offence or give rise to civil liability.
v. Using the Site to create, host, or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, right of publicity, or other intellectual property or proprietary rights of any other party.
vi. Using the Site to create, host, or transmit unsolicited advertising material to other users.
vii. Using the Site to create, host, or transmit any material that harasses another.
viii. Using the Site to make false, misleading, deceptive, or fraudulent offers to sell or buy products, items, or services, or to send chain letters or pyramid schemes or the like; adding, removing, or modifying identifying network header information or copyright management information, including author names, publication dates, or clearance agency names, in an effort to deceive or mislead.
ix. Using the Site to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party’s security measures, computer software, hardware, electronic communication systems, or telecommunications systems.
x. Using the Site to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data.
xi. Using the Site for any activity which adversely affects the ability of other people or systems to use the services or the Internet generally, including, without limitation, flooding and hacking; reselling, repurposing, or redistributing any Intellectual Property provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorized to use; encouraging, condoning, or glamorizing under‐age drinking, drunk‐driving, or excessive consumption of alcoholic beverages; disclosing any personally identifiable information about yourself or any other party ﴾e.g. telephone number, geographic address, or any other information from which an individual’s identity or contact information can be derived﴿; and violation of the terms of use associated with an Interfacing Site.
This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the Site or Public Forums that may result in the restriction, suspension, or termination of your use of the Site or Public Forums. Due to the global nature of the Internet, users hereby agree to comply with all local rules regarding online conduct and acceptable content. Users also agree to comply with any applicable rules regarding the export of any data from any country. Any Postings you make will be deemed not to be confidential or secret. You understand that personal and other information ﴾e.g., username, email address, phone number﴿ that you post on or through Public Forums is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable information about yourself or any other person in any Postings. We reserve the right, but not the obligation, to remove any postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information, that you post on our Public Forums. You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights, are not obscene, vulgar, offensive, malicious, discriminatory, defamatory, or otherwise unlawful, that no other party has any rights thereto, and that any “moral rights” in your Postings have been waived, and you grant us a royalty‐free, unrestricted, worldwide, perpetual, irrevocable, non‐exclusive, and fully transferable, assignable, and sub‐licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Postings ﴾in whole or part﴿ and/or to incorporate them in other works in any form, media, or technology now known or later developed for any editorial, commercial, non‐commercial, promotional, or other purpose.
We are not responsible for maintaining your Postings and we may delete or destroy them at any time.
Content, information, and materials posted by users to public forums are not endorsed by us. It is your responsibility to evaluate and confirm the accuracy of information provided by other users on or through public forums. The opinions expressed in Public Forums are not necessarily ours. Any statements, advice, and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions, or other content or materials on Public Forums. You release us from all claims and demands of every kind and nature, known and unknown, howsoever arising out of or in any way connected with a dispute with another user of the Site.
10. Interfacing Sites
You acknowledge and agree that we have no responsibility for the content ﴾“Linked Content”﴿ hosted by unaffiliated websites ﴾“Interfacing Sites”﴿ to which you or we may link from the Site or otherwise display on the Site via an application programming interface or other method. We do not host or store Linked Content. The display of Linked Content or the provision of links to Interfacing Sites does not constitute an endorsement by or association with us of such Linked Content, Interfacing Sites, or products, advertising, or other materials presented on such sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss, or cost caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on such Interfacing Sites, or for any action taken by Interfacing Sites.
We reserve the right to remove Linked Content from our Site or Interfacing Sites, to the extent we have such control, at any time, and for any reason, including violation of these Conditions of Use or the applicable terms of use on the Interfacing Site.
To utilize some of the functionality of the Site you may be required to establish an account with a username and password with Interfacing Sites. As these are unaffiliated sites, we are not responsible for any username, password, or other information these sites may collect. We also will never ask you to provide us with your password for Interfacing Sites. If you are unable to establish accounts on these Interfacing Sites for any reason, you may not be able to fully utilize the functionality provided by the Site.
In addition to these Conditions of Use, the Linked Content that is displayed on our Site, including your rights relating thereto, are subject to the applicable terms of use as set forth by the Interfacing Website.
11. Materials submitted by you
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret, or proprietary information or other material from you through the Site or any of its services, by email or in any other way. Any information or material you submit that has not expressly been requested by us will be deemed not to be confidential, secret, or proprietary. You agree that any information or materials you submit to the Site, whether ideas, creative concepts or other materials, in any format ﴾including, but not limited to, writings, images, illustrations, audio recordings, and video recordings﴿, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. We shall have no liability for any loss or damage suffered by you as a result of use or disclosure of such materials by us to the extent permitted by law. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be waived or excluded.
12. Accounts and Security
We may enable you to establish an account with a username and password to access and use certain areas of the Site, Public Forums, and other services. You may not create an account unless you are of legal age to purchase alcohol in your country of residence and in the country in which you are accessing the Site. You shall provide us with accurate account information. You are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity using your account and password. You agree to ﴾a﴿ immediately notify us of any unauthorized use of your password or account or any other breach of security, and ﴾b﴿ ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
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.
13. No warranties
The site is provided “as is,” and your use thereof is at your own risk.
We disclaim, to the fullest extent permitted by law, any and all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, performance, title, and non‐infringement. We do not warrant that the site will be free from viruses, available, accessible, error‐free, uninterrupted, or that the contents will be accurate. Although we take reasonable steps to secure the site, you acknowledge that the internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorized access or use. If you are dissatisfied with the site, your sole remedy is and shall be to discontinue using the site.
14. Third party goods and services
We do not vouch for those persons, companies, establishments and other organizations whose goods or services may be accessed or displayed through or on the site.
By accepting these terms of use 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 websites, or your consumption of any food or beverages from a Seller.
The products sold on our Site are provided for consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Websites or for any products or services purchased from us.
15. Your responsibility
You should always verify any information set forth on the Site with independent authorities before acting or relying on it. It is your responsibility to use virus‐checking software on any material downloaded from the Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with personally identifiable or other information relating to any third parties, you warrant that you have received that third party’s consent for such disclosure and that the third party has been informed of, and agrees to, our Privacy and Cookie Notice and any uses we may make of such information.
16. No liability
To the fullest extent permitted by law we hereby disclaim any and all liability for any loss, cost or damage ﴾direct, indirect, consequential, or otherwise﴿ suffered by you as a result of your use of the site or from any computer virus transmitted through the site, or other sites accessed from the site, regardless of whether such loss, cost or damage arises from our negligence or otherwise, and regardless of whether we are or have been expressly informed of the possibility of such loss or damage.
We disclaim any and all liability to you for the supply of the 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. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of pro준ts to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
17. Indemnity
You hereby indemnify us against any loss, damage, or cost arising out of your use of the Site, any of its services, or any information accessible over or through the Site, including information obtained from Interfacing Sites, your submission or transmission of information or material on or through the Site or Interfacing Sites, or your violation of these Conditions of Use, the terms of use of Interfacing Sites, or any other laws, regulations, and rules. You also hereby indemnify us against any claims that any information or material you have submitted or will submit to us is 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, breach of confidence, infringement of copyright, or infringement or violation 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 any such defenses.
18. Restriction, Suspension and Termination
We may restrict, suspend, or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, at any time if we believe that you have breached these Conditions of Use. Any such restriction, suspension, or termination will be without prejudice to any rights that we may have against you in respect of your breach of these Conditions of Use. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your internet service provider in the event of a suspected breach of these Conditions of Use.
19. Entire Agreement
These Conditions of Use, including our Privacy and Cookie Notice, constitute the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements, and understandings of any sort whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software, and you agree to abide by the Conditions of Use of any such license agreements. Our failure to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Conditions of Use is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision and the other provisions of the Conditions of Use shall remain in full force and effect. We may, at our option, cede, assign, or otherwise transfer any or all of our rights and obligations under the Conditions of Use to any third party or parties at any time.
The T&Cs 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 T&Cs and any other term or provision on the Websites, these T&Cs shall prevail.
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.
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.
20. Copyright
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to us: Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of the alleged infringing activity and where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We may not be able to remove Linked Content that is hosted by Interfacing Sites. You may need to contact the appropriate Interfacing Site for removal of your work.
21. General
These Conditions of Use, including the Privacy and Cookie Notice and any matter relating to the Site, shall be in accordance to the laws of Kenya. The parties hereto submit to the exclusive jurisdiction of the courts of Kenya.
All dealings, correspondence and contacts between us shall be made or conducted in the English language.
© 2022. All rights reserved. Version 1.1 dated 01/08/2022