Last updated: April 01, 2022
The following Terms and Conditions (the “Terms”) govern your access and/or use of any of the Supply-related applications, websites, content, products, software and services (the “Services”) made available by the Sendy Group of Companies, and its representatives, affiliates, officers and directors (collectively “Sendy”).
In these Terms, the words:
"including" and "include" shall mean including, but not limited to;
“Order” shall mean an order for Products submitted by you;
“Products” shall mean the products available on the Services and, where the context requires, the products ordered by and supplied to you;
“Territory” shall mean the countries where the Services are available.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES.
Use of the Services is conditioned on your agreement to all of the Terms contained herein and the policies and terms linked to or otherwise referenced herein (collectively, the “Agreement”). By accessing, using or receiving the Services, you expressly acknowledge and confirm your agreement to be bound by the Agreement. If you do not agree to these Terms, you may not access or use the Services. Sendy may cease offering or deny access to the Services or any portion thereof, to you at any time for any reason.
Sendy will notify you should the Terms or Sendy policies be amended including through updating the amended Terms on its online platforms. Any such amendment will be effective upon posting of the updated Terms on the Services, and you are solely responsible for regularly reviewing the same. Your continued access or use of the Services after any such changes shall constitute your agreement to be bound by such Terms as amended.
Please refer to our Privacy Policy located at https://www.sendyit.com/privacy-policy for information about how we collect, use, process and disclose personal information in connection with the Services.
Unless otherwise agreed by Sendy in a separate written agreement with you, the Services are made available solely for your use and may not be resold to third parties.
In order to use the Services, you must register an account with Sendy (“Account”) and provide certain information as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Services. You are responsible for maintaining the confidentiality of your Account login credentials and agree to immediately notify Sendy of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. You may not authorise others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. Sendy is not liable for any loss or damage arising from your failure to comply with the above requirements.
The Services
The Services provided by Sendy enable users to purchase Products offered on the Services by Sendy or independent third party providers of such Products in the relevant Territory.
The Services provided by Sendy are for trade purposes and not intended for consumers.
YOU HEREBY ACKNOWLEDGE THAT YOUR ABILITY TO PURCHASE PRODUCTS FROM THIRD PARTIES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH SENDY AS (i) AN OWNER, MANUFACTURER OR SELLER OF SUCH PRODUCTS, or (ii) AN INVOLVED PARTY IN THE TRANSACTION BETWEEN YOURSELF AND THE THIRD PARTY PROVIDER.
The images of the Products on the Services are for illustrative purposes only as provided by the third party providers. The packaging of the Product may vary from that shown in images on our Services.
The inclusion of any Products on the Services at a particular time does not imply or warrant that these Products will be available at all times. We reserve the right to discontinue any Product at any time without notice. Nothing on the Services shall be construed as an endorsement by Sendy of a third party provider, their Products.
Unless otherwise agreed by Sendy in a separate written agreement with you, the Services are made available solely for your personal use.
The Services and all rights therein are and shall remain the property of Sendy or its licensors (as relevant). Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited licence granted here below; or (ii) to use or reference in any manner, Sendy’s company names, logo, product or service names, trademarks or service marks or those of Sendy’s licensors.
Delivery and acceptance of order
Each Order shall:
You acknowledge that the act of placing an order and filling in your information on the Services amounts to an offer made by you to purchase a product. Sendy may verify the information provided prior to accepting the offer.
Each Order shall be deemed to be a separate offer by you to purchase Products on the terms of this Agreement, which Sendy shall be free to accept or decline at its absolute discretion.
Sendy at any time after receipt of your Order reserves the right (i) to accept, modify or decline the Order or any portion thereof for any reason whatsoever and/or (ii) limit the number of items ordered.
If a Product is not available, Sendy may inform you of available alternatives. If you elect to proceed with an alternative, the order will be deemed amended accordingly. If you elect not to proceed with an alternative the order, or portion of the order, as relevant, will be cancelled.
Cancellation of an order that is in progress may attract cancellation fees as set out in the Services from time to time. Any cancellation of an order by Sendy will entitle you to a refund of any amounts paid in relation to that order.
You or your employee, agent or personnel must check the Products upon delivery at the delivery location before confirming receipt of the order. Before completion of the order, you confirm that you have received the Products and that they are according to the Order placed, in good condition and that you are wholly liable for payment of the Products.
You hereby confirm that if you designate or permit another party to collect delivered goods or products on your behalf, you accept and ratify their mandate to bind your acceptance and completion of the order. The third party shall be responsible for checking the products and confirming that they are in order.
Delays in the delivery of an Order shall not entitle you to:
Sendy shall have no liability for any failure or delay in delivering an Order to the extent that any failure or delay is caused by your failure to comply with your obligations under these Terms and Conditions.
Sendy does not make any representations and shall not bear any liability in relation to the products. You acknowledge that your ability to purchase goods and/ or services through the Services does not create any obligation for Sendy in relation to the goods or services. Further, Sendy bears no obligation nor liability for returns or refunds. Returns and refunds shall be subject to the return policy(ies) of the relevant third party seller if any is available.
Returns and Rejections
You shall verify the Products and must report any incidents or damage to the Products to Sendy upon delivery under the ‘Returns’ option available on the Services or through an email to support@sendyit.com or 0709 779 777.
In case of a return:
You shall not be permitted to reject any Products, and Sendy will be deemed to have completed delivery if:
Sendy shall, at its sole discretion, decide whether to accept a return and replace the returned Products or give you a refund. In the event of a refund, Sendy will credit the funds to the Buyer’s account on the Platform to be deducted from the total money owed under the next Order.
Title in the Products
Title in the Products shall pass to you on payment for the Products. Until title to Products has passed, you shall maintain those Products in satisfactory condition. On request, you shall allow Sendy to inspect those Products.
In the event that you fail to make payment for the Products, your right to resell the Products ceases immediately; and Sendy may at any time:
If you resell the Products before title has passed to you, you do so as principal and not as Sendy's agent; title to those Products shall pass to you immediately before the resale, and you shall be liable to pay for the Products.
Payment Terms
The use of the Services may result in charges to you for the services or Products you receive (“Charges”). You understand that Charges may include other applicable fees, interest, tolls, and/or surcharges and you will be informed of the various payment options available to you in the Territory from which the Services are requested. Charges are inclusive of taxes and levies. The Charges payable may, in part, be set by third parties and as such may be subject to change.
You hereby agree to, immediately prior to or upon delivery, pay the invoice amount for each Order placed in full, without any deductions save for any portion of the invoice that is attributable to products lost or returned on account of damage. Payments should be made through debit or credit card, bank transfer or mobile money transfer. Cheque payments will not be accepted.
The pricing information published on the Services is strictly indicative and may not reflect the prevailing pricing. If the actual price is higher than the indicated price, Sendy shall inform you of the actual price and you may elect whether or not to proceed with the purchase in accordance with the instructions provided. If you elect not to proceed, the order will be cancelled in accordance with these Terms. If the actual price is lower than the indicated price, the difference shall be refunded to you.
Sendy, at its sole discretion, may make promotional offers with different features and different rates to any of our customers or groups of our customers. These may result in different amounts charged for the same or similar products or services obtained through the use of the Services. You agree that these promotional offers, unless made to you, shall have no bearing whatsoever on your contract, your use of the Services or the Charges applicable to you. Sendy may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any third party providers.
Sendy reserves the right to establish, remove and/or revise Charges in relation to the use of the Services, at any time and at its own discretion. You understand that Sendy may also vary Charges using any criteria including without limitation, geographical location, time period or quantum of demand. We encourage you to check the Services regularly for details of Charges applicable to you.
In some instances, Charges you incur will be owed directly to third party providers and Sendy will collect payment from you on behalf of such third parties as their limited payment collection agent. You understand that Sendy will be under no obligation to modify the relevant portion of the Charges for services or goods provided by such third party providers, unless a formal request for modification is received from the relevant third party provider.
Sendy may at any time set off any liability of the Customer to Sendy against any liability of Sendy to the Customer. If the liabilities to be set off are expressed in different currencies, Sendy may convert either liability at a market rate of exchange for the purpose of set-off. Any exercise by Sendy of its rights under this clause shall not limit or affect any other rights or remedies available to it under this Agreement or otherwise.
Credit
Credit limits and payment options may be availed to you from time to time, by Sendy or by third party financiers offering the same through the Services. You hereby agree and acknowledge that the advancement of credit options shall be at Sendy’s sole discretion and may be withdrawn at any time without any right of recourse to you.
You acknowledge that you may be required to sign an additional agreement between yourself and Sendy or the third party financiers to access the credit payment options. If your application is successful, Sendy will notify you through your account and/or its designated representatives.
By credit being extended to you by Sendy or its third party financiers, you authorise Sendy to access and query your credit information from any of the licensed Credit Reference Bureaus (CRBs) and to receive credit reports/scores from any of the licensed CRBs on behalf of yourself in order to assess your credit worthiness. You further consent to your credit information being shared with the licensed CRBs and any other third party should your account fall into arrears. This consent shall not be withdrawn during the period in which you have an outstanding balance with Sendy or third parry financiers.
You may be advanced, whether through Sendy or its third party financiers, a credit limit, which limit may be varied at Sendy’s sole discretion. You shall pay invoices in full, without set-off or deduction as follows:
In the event that you fail to make payment within the required period, Sendy may at its sole discretion suspend or terminate the Services. You permit Sendy to refer your account to debt collection or any other third party who shall be contracted by Sendy to recover the outstanding payments or Products delivered to you. Please note that all accounts that exceed credit terms by thirty five (35) days are automatically referred to Sendy’s nominated debt collectors. You acknowledge and agree to pay all fees, costs and charges Sendy may incur or pay in connection with or on account of collecting or endeavouring to collect all or any amounts owed by you, including bank charges, legal costs, debt collection commissions, investigation fees, court or other fees and disbursements and any other legal charges that may result from Sendy having to take legal action against you to recover any debt.
If you wish to utilise any credit payment options availed on the Services, you agree that we may, as necessary and appropriate for the credit services offered, transfer and disclose any of your information (including personal data) to the following recipients:
You understand and agree that, while you are free to provide additional payment as a gratuity to any third party provider, you are under no obligation to do so. Gratuities are voluntary.
Licence Grant & Restrictions
Subject to your compliance with these Terms, Sendy hereby grants you a non‐exclusive, non‐transferable, revocable right to (a) access and use its applications and related services (the “Applications”) solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services solely for your personal, non-commercial use. All rights not expressly granted to you are reserved by Sendy and its licensors.
You hereby agree NOT to:
Representations and Warranties
By using the Services, you expressly represent and warrant that you are legally permitted to enter into this Agreement. The Services are not available to children (persons under the age of 18). By using the Services, you represent and warrant that you are at least 18 years old.
By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the Terms. Your access and use of the Services is for your sole, personal use. You may not authorise others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. Notwithstanding the provisions of this clause, you shall be wholly responsible for any Orders or transactions done through your user account. When using Services you agree to comply with all applicable laws of your Territory. You agree to maintain accurate, complete and up-to-date information in your account. You may only access the Services using authorised means. It is your responsibility to check to ensure you download the correct software for your device. Sendy is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Sendy reserves the right to terminate this Agreement should you be accessing the Services with an incompatible or unauthorised device or software.
By using the Services, you agree that:
Geographic Limitation
The Products displayed on the Services are controlled and offered by third party providers. Sendy may from time to time, at its sole discretion, vary the third party providers available to you depending on your real-time geographic location.
Intellectual Property Ownership
Sendy (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, or any intellectual property rights owned by Sendy. The Kiota logo, and the product names associated with the Services are business marks of Sendy or third parties, and no right or licence is granted to use them.
Third Party Interactions
The Services may be made available or accessed in connection with third party services and content (including advertising) that Sendy does not control.
During use of the Services, you may, without limitation, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors. You acknowledge that different terms of use, warranties, representations and privacy policies may apply to your use of such third party services and content and in no event shall Sendy be responsible or liable for any representations, products or services of such third party providers. You acknowledge that your access and use of the Services in connection with third party services may be subject to terms set forth in the applicable third party’s terms and conditions. You acknowledge that the availability of the products, goods or services of third party providers on the Services is not an endorsement of the same by Sendy. You hereby further acknowledge that where third‐party providers of goods and/or services require your agreement to additional or separate terms and conditions prior to your use of or access to such goods or services, Sendy will have no responsibility nor liability arising from such agreements between you and the third party providers.
Any third party interactions, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third‐party. Sendy and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third‐party. Sendy does not endorse any sites on the Internet that are linked through the Services, and in no event shall Sendy or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
Sendy may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these Terms you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. Sendy reserves the right to charge you a higher fee for the Services should you choose not to receive such advertisements. Sendy may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
Indemnification
You agree that you shall defend, indemnify and hold Sendy, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, demands, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of delivery, logistics or courier services arranged via the Services; (c) your use or misuse of the Services or services or goods obtained through your use of the Services; or (d) Sendy’s use of your data and user content in accordance with these Terms.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY SENDY. SENDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR THE PRODUCTS. SENDY MAKES NO REPRESENTATIONS OR WARRANTIES THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS SUPPLIED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU AND THE MANUFACTURES, WHOLESALERS, OWNERS OR SELLERS AS THE CASE MAY BE .
Internet Delays
The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communication. Sendy is not responsible for any delays, delivery failures, or any other liability, costs or damage resulting from such problems.
Limitation of Liability
SENDY AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOST REVENUE AND/OR PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF SENDY, EVEN IF SENDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENDY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES, EVEN IF SENDY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SENDY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SENDY’S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO CONNECT WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SENDY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRODUCTS, GOODS AND/OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
SENDY WILL NOT BEAR NO RESPONSIBILITY NOR INCUR ANY LIABILITY TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE SENDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY PROVIDERS. SENDY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD PARTY PROVIDERS. UNLESS OTHERWISE AGREED TO BY YOU AND SENDY, SENDY SHALL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAWS OF THE REPUBLIC OF KENYA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE).
EXCEPT AS EXPRESSLY STATED HEREIN, SENDY WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF ANY PURCHASE OR DELIVERY SERVICES PROCURED THROUGH THE SERVICES. IN ANY CASE, SENDY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OF LIABILITY.
Notice
Sendy may give notice by means of a general notice on the Services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account, or by a notification message displayed on your account page. Such notice shall be deemed to have been given upon publication on the Services or upon the expiration of 12 hours after sending (if sent by email or telephone). It shall be your responsibility to keep your contact information (including email address) current and you will be deemed to have received any notice issued based on the contact information in your account, whether or not you actually receive it. You may give notice to Sendy, with such notice deemed given when received by Sendy, at any time through the email address support@sendyit.com.
Sendy reserves the right to close or suspend your account without prior warning should you contravene any of these Terms or any future amendments and additions thereto.
Assignment
You may not assign these Terms without the prior written approval of Sendy. Sendy may assign these Terms without your consent to (a) a parent, subsidiary or affiliate; (b) an acquirer of Sendy’s equity, business or assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
Data Privacy
Sendy’s collection and use of personal information in connection with the Services is described in our Data Privacy Policy located at https://www.sendyit.com/privacy-policy the terms of which are incorporated into these Terms. Any data, including personal data, shared with Sendy will be used in accordance with this Data Privacy Policy.
By accessing or using the Services, you hereby freely, unequivocally and expressly authorise Sendy to receive, record, process, store and transfer your data, including personal data, in accordance with the law.
Miscellaneous Provisions
Responsibility. If you authorise, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement with Sendy and/or these Terms, you shall be deemed to have taken the action yourself.
Severability. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of the Terms shall remain in full force and effect.
Waivers. Any failure by Sendy to enforce any right or provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be acknowledged and agreed in writing.
Successors and Assigns. These Terms will be binding upon, and inure to the benefit of Sendy and any contracting parties and their respective successors and assigns.
No Agency. No partnership, contract of employment, agency, joint venture or franchise relationship shall be created between you, Sendy or any third party provider as a result of this Agreement or use of the Services.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiary to any agreement entered into with Sendy.
International Sale of Goods, Export and Import Control. Services, content, and products derived or obtained from the Services may be subject to Kenya import or export laws, and/or the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, to: (a) obtain any export, re‐export or import authorizations required by Kenya or your local laws; and (b) not provide services, content, or products from the Services to any prohibited countries and/or prohibited entities as identified in any Kenyan legislation.
Choice of Law. These Terms are governed by and construed in accordance with the laws of Kenya without giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded. Disputes under this Agreement shall be resolved primarily by amicable settlement, failing which they will be subject to the jurisdiction of the Courts of Kenya.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Sendy does not control. During use of the Services, you may, without limitation, enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party providers, advertisers or sponsors. You acknowledge that different terms of use, warranties, representations and privacy policies may apply to your use of such third party services and content and in no event shall Sendy be responsible or liable for any representations, products or services of such third party providers. You acknowledge that your access and use of the Services in connection with third party services may be subject to terms set forth in the applicable third party’s terms and conditions. You acknowledge that the availability of the products, goods or services of third party providers on the Services is not an endorsement of the same by Sendy. You hereby further acknowledge that where third party providers of goods and/or services require your agreement to additional or separate terms and conditions prior to your use of or access to such goods or services, Sendy will have no responsibility nor liability arising from such agreements between you and the third party providers.
Any third party interactions, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. Sendy and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third party. Sendy does not endorse any sites on the Internet that are linked through the Services, and in no event shall Sendy or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
Sendy may rely on third party advertising and marketing supplied through the Services and other mechanisms to subsidize the Services. By agreeing to these Terms you agree to receive such advertising and marketing. Sendy may compile and release information regarding you and your use of the Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.
You agree that you shall defend, indemnify and hold Sendy, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees and agents harmless from and against any and all claims, costs, damages, demands, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (a) your violation or breach of any of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of logistics or transport services arranged via the Services; (c) your use or misuse of the Services or services or goods obtained through your use of the Services; (d) Sendy’s use of your data and user content in accordance with these Terms; or (e) your Shipment.
THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY SENDY. SENDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES. SENDY MAKES NO REPRESENTATIONS OR WARRANTIES THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR‐FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED, OR (F) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SENDY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS SUPPLIED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. SENDY DOES NOT GUARANTEE THE SUITABILITY, LEGALITY, REGULATORY COMPLIANCE, QUALITY OR ABILITY OF A TRANSPORTER, SHIPPER OR SHIPPED ITEMS SCHEDULED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU.
SENDY AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF DATA, LOST REVENUE AND/OR PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE) RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE OF SENDY, EVEN IF SENDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SENDY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICES, EVEN IF SENDY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SENDY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SENDY’S REASONABLE CONTROL. THE SERVICES MAY BE USED BY YOU TO CONNECT WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT SENDY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY PRODUCTS, GOODS AND/OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
SENDY WILL NOT BEAR ANY RESPONSIBILITY NOR INCUR ANY LIABILITY TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY TRANSPORTERS AND YOU EXPRESSLY WAIVE AND RELEASE SENDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE TRANSPORTERS. SENDY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH TRANSPORTERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER THE LAWS OF THE REPUBLIC OF KENYA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE).
THE QUALITY OF THE LOGISTICS OR TRANSPORT SERVICES OBTAINED THROUGH THE USE OF THE SERVICES IS ENTIRELY THE RESPONSIBILITY OF TRANSPORTER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU, AND YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU USE THE TRANSPORTER SERVICES ENTIRELY AT YOUR OWN RISK.
EXCEPT AS EXPRESSLY STATED HEREIN, SENDY WILL NOT BE LIABLE TO YOU FOR ANY CLAIMS ARISING OUT OF ANY LOGISTICS AND/OR TRANSPORT SERVICES PROCURED THROUGH THE SERVICES. IN ANY CASE, SENDY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OF LIABILITY.
The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communication. Sendy is not responsible for any delays, delivery failures, or any other liability, costs or damage resulting from such problems.
Sendy may give notice by means of a general notice on the Services, electronic mail to your email address in your account, telephone or text message to any phone number provided in connection with your account, or by a notification message displayed on your account page. Such notice shall be deemed to have been given upon publication on the Services or upon the expiration of 12 hours after sending (if sent by email or telephone). It shall be your responsibility to keep your contact information (including email address) current and you will be deemed to have received any notice issued based on the contact information in your account, whether or not you actually receive it. You may give notice to Sendy, with such notice deemed given when received by Sendy, at any time through the email address support@sendyit.com
Sendy reserves the right to close or suspend your account without prior warning should you contravene any of these Terms or any future amendments and additions thereto.
You may not assign these Terms without the prior written approval of Sendy. Sendy may assign these Terms without your consent by Sendy to (a) a parent, subsidiary or affiliate; (b) an acquirer of Sendy’s equity, business or assets; or (c) a successor by merger. Any purported assignment in violation of this section shall be void.
Sendy’s collection and use of personal information in connection with the Services is described in our Data Privacy Policy located at https://www.sendyit.com/privacy the terms of which are incorporated into these Terms. Any data, including personal data, shared with Sendy will be used in accordance with this Data Privacy Policy.
By accessing or using the Services, you hereby freely, unequivocally and expressly authorize Sendy to receive, record, process, store and transfer your data, including personal data, in accordance with the law.
You hereby freely, unequivocally and expressly consent to the transfer of your data, including personal data, to third parties to be used for credit checks and other verification purposes.
By accessing or using the Services, you hereby agree and undertake not to disclose to any person any confidential information concerning the business, affairs, customers, data, clients or suppliers of Sendy and the Transporters save as is expressly required by law. You also unequivocally agree not to use any information obtained through the Services for any purpose other than to procure transport services from a Transporter through the Services. Any violation of this provision shall warrant a charge, for each such violation, that shall be determined by Sendy in its sole discretion, bearing in mind: (1) the loss and expense occasioned by such loss; and (2) any deterrence measures Sendy may wish to pursue.
If you provide Sendy any feedback, suggestions, or other information or ideas regarding the Service (“Feedback”), you hereby assign to Sendy all rights in the Feedback and agree that Sendy has the right to use such Feedback and related information in any manner it deems appropriate. Sendy will treat any Feedback you provide as non-confidential and non-proprietary. You agree that you will not submit to Sendy any information or ideas that you consider to be confidential or proprietary.
You shall not, except with the prior written consent of Sendy, attempt to solicit or entice away; or solicit or entice away, from the service of Sendy, the services of any Transporter, for any duration of time however brief. This provision shall continue in force for one (1) year subsequent to termination of usage of the Services. In the event of a violation, you shall be jointly and severally liable with the Transporter to Sendy and shall be charged, for each such violation, an amount equal to twenty-five percent (25%) of all revenues paid by you to the Transporter.
Responsibility. If you authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of these Terms with Sendy, you shall be deemed to have taken the action yourself.
Severability. If any portion of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from these Terms, and the rest of the Terms shall remain in full force and effect.
Waivers. Any failure by Sendy to enforce any right or provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be acknowledged and agreed in writing.
Successors and Assigns. These Terms will be binding upon, and inure to the benefit of Sendy and any contracting parties and their respective successors and assigns.
No Agency. No partnership, contract of employment, agency, joint venture or franchise relationship shall be created between you, Sendy or any Transporters as a result of these Terms or use of the Services.
No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiary to any agreement entered into with Sendy.
International Sale of Goods, Export and Import Control. Services, content, and products derived or obtained from the Services may be subject to Kenya import or export laws, and/or the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, to: (a) obtain any export, re‐export or import authorizations required by Kenya or your local laws; and (b) not provide services, content, or products from the Services to any prohibited countries and/or prohibited entities as identified in any Kenyan legislation.
Choice of Law. These Terms are governed by and construed in accordance with the laws of Kenya without giving effect to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and are hereby expressly excluded.