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General terms Agreement

Your use of our services signifies agreement to our terms and conditions.

GENERAL TERMS & CONDITIONS

Welcome to Casa Creativa’s Website!

These General Terms and Conditions ("Terms") govern your access to and use of the Casa Creativa website ("Website"), as well as any transactions conducted through the Website. By accessing or using our Website, you agree to be bound by these Terms. Please read them carefully before continuing.

1 . Acceptance of Terms

By accessing, browsing, or using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines or future modifications. If you do not agree to these Terms, you should not use our Website.

2. Use of the Website

2.1 Eligibility: You must be at least 18 years old and capable of entering into legally binding agreements to use our Website.

2.2 Account Registration: To access certain features of the Website, you may be required to register for an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 Prohibited Activities: You agree not to engage in any of the following activities:

(a) Using the Website for any illegal or unauthorized purpose.

(b) Interfering with or disrupting the Website or servers or networks connected to the Website.

(c ) Using automated systems (including bots, scrapers, or spiders) to access the Website without our express written permission.

(d) Attempting to gain unauthorized access to any portion of the Website or any other systems or networks connected to the Website.

3. Intellectual Property

3.1 Ownership: All content on the Website, including text, graphics, logos, images, videos, and software, is the property of Casa Creativa or its content suppliers and is protected by intellectual property laws.

3.2 Limited License: Casa Creativa grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal and non-commercial purposes. This license does not include any rights to modify, distribute, reproduce, or create derivative works based on the Website or its content.

3.3 Trademarks: The Casa Creativa name, logo, and any other product or service name or slogan contained in the Website are trademarks of Casa Creativa and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

4. Transactions and Payments

4.1 Pricing: All prices displayed on the Website are in Kenyan Shillings (Ksh) and are subject to change without notice. We make every effort to ensure the accuracy of pricing information, but we reserve the right to correct any errors or omissions.

4.2 Payment Methods: We accept various payment methods, including credit cards, bank transfers, and M-Pesa. By submitting payment information, you represent and warrant that you have the legal right to use the payment method provided.

4.3 Order Confirmation: Your placement of an order on the Website constitutes your offer to purchase the services or products selected. We reserve the right to accept or reject any order. We will notify you by email if your order is accepted.

5. User Content

5.1 Responsibility: You are solely responsible for any content you post, upload, or otherwise submit to the Website ("User Content"). You agree not to post User Content that is unlawful, offensive, defamatory, or otherwise objectionable.

5.2 License to Casa Creativa: By submitting User Content to the Website, you grant Casa Creativa a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media.

5.3 Removal of Content: We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable in our sole discretion.

6. Privacy and Data Protection

6.1 Privacy Policy: Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

6.2 Cross-Border Data Transfers: By using the Website, you consent to the transfer, storage, and processing of your personal data outside of your country of residence, in accordance with our Privacy Policy.

7. Disclaimers and Limitation of Liability

7.1 Disclaimer of Warranties : The Website is provided on an "as is" and "as available" basis. Casa Creativa makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website.

7.2 Limitation of Liability: To the fullest extent permitted by law, Casa Creativa shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

(a) Your use of or inability to use the Website;

(b) Any unauthorized access to or use of our servers and/or any personal information stored therein;

(c) Any interruption or cessation of transmission to or from the Website;

(d) Any bugs, viruses, trojans, or the like that may be transmitted to or through the Website by any third party;

(e) Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.

8. Indemnification

You agree to indemnify, defend, and hold harmless Casa Creativa, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney's fees and costs, arising out of or in any way connected with:

(a) Your access to or use of the Website;

(b) Your violation of these Terms;

(c) Your violation of any third-party right, including without limitation any intellectual property, property, or privacy right;

(d) Any claim that your User Content caused damage to a third party.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be resolved in accordance with the Arbitration Act of Kenya.

10. International Users

Casa Creativa makes no representation that the Website is appropriate or available for use in locations outside of Kenya. If you access the Website from outside Kenya, you do so at your own risk and are responsible for compliance with local laws.

11. Modifications to the Terms

Casa Creativa reserves the right to modify these Terms at any time, with or without notice. Your continued use of the Website following any such modifications constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for any changes.

12. Miscellaneous

12.1 Entire Agreement: These Terms constitute the entire agreement between you and Casa Creativa regarding your use of the Website and supersede any prior agreements between you and Casa Creativa relating to such use.

12.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.3 No Waiver: Casa Creativa’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.