Terms and Conditions
Overview
Please read these conditions carefully before using Ivotia.com. By using Ivotia.com, you signify your agreement to be bound by these conditions.
1. Electronic Communications
When you use Ivotia.com or send e-mails, text messages, and other communications from your desktop or mobile device to us,
you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by email, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Ivotia
Services, such as our Message Centre.
For contractual purposes, you consent to receive communications from us electronically
and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any
legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form
of communication.
2. Recommendations And Personalisation
As part of the Ivotia.com, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalise your experience.
3. Copyright, Authors' Rights And Database Rights
All content included in or made available through any Ivotia.com, such as text, graphics, logos, button icons, images, audio
clips, digital downloads and data compilations is the property of Ivotia or its content suppliers and is protected international
copyright, authors' rights and database right laws.
You may not extract and/or re-utilise parts of the content of any Ivotia without our express written consent. In particular, you may
not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for reutilisation any substantial parts of the content of Ivotia.com, without our express written consent. You may also not create and/or
publish your own database that features substantial parts of Ivotia.com (e.g., our prices and product listings) without our express
written consent.
4. Trademarks
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any
Ivotia Service are trademarks or trade dress of Ivotia. Ivotia's trademarks and trade dress may not be used in connection with
any product or service that is not Ivotia's, in any manner that is likely to cause confusion among customers or in any manner
that disparages or discredits Ivotia.
All other trademarks not owned by Ivotia that appear in any Ivotia Service are the property of
their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ivotia.
5. Licence And Access
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable
fees, Ivotia or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and
make personal and non-commercial use of the Ivotia.com.
This licence does not include any resale or commercial use of
Ivotia.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Ivotia
Service or its contents; any downloading or copying of account information for the benefit of another merchant; or (with the
exception of any use by researchers or competent authorities to ensure compliance with applicable laws) any use of data
mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Ivotia or its
licensors, suppliers, publishers, rights holders, or other content providers. No Ivotia.com content, nor any part of Ivotia.com, may
be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express
written consent.
You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images,
text, page layout, or form) of Ivotia without our express written consent. You may not use any meta tags or any other "hidden
text" utilising Ivotia's names or trademarks without our express written consent.
You may not misuse the Ivotia.com. You may use Ivotia.com only as permitted by law. The licences to use Ivotia.com granted by
Ivotia terminate if you do not comply with these Conditions of Use or any Service Terms
6. Your Account
You may need your own Ivotia account to use certain Ivotia Services, and you may be required to be logged into the account
and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may
charge any other valid payment method associated with your account.
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you
may use Ivotia.com only with the involvement of a parent or guardian.
If you use Ivotia.com you are responsible for maintaining the confidentiality of your account and password and for restricting
access to your computer and your mobile devices, and to the extent permitted by applicable law you agree to accept
responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the
password is kept confidential and secure and should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You
are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes
to the information you have provided.
You must not use Ivotia.com:
- (i) in any way that causes, or is likely to cause, any Ivotia Service, or any access to it to be interrupted, damaged or impaired in any way, or
- (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or
- (iii) to cause annoyance, inconvenience or anxiety
We may terminate your Ivotia account(s) or restrict your access to and use of Ivotia Services if you are in breach of applicable
laws, these Conditions of Use, any Service Terms, or any guidelines or policies on this website (such as our Community
Guidelines). For example, we may terminate your Ivotia account(s) or restrict use of Ivotia services in cases of fraud or where
required to do so by applicable laws or law or government or other competent authority.
We will only terminate your Ivotia account(s) or restrict your access to and use of Ivotia Services with advance notice, except
when you seriously fail to comply with applicable laws, when we are unable to provide advance notice for legal reasons or when
providing advance notice could expose Ivotia to liability, harm other customers or users, or compromise the Ivotia Services.
In any event, we will inform you in writing of the termination of your Ivotia Account(s) or the restriction of your access and use of
Ivotia Services. The notification will inform you of your right to appeal the decision.
You may close your Ivotia account(s) at any time by accessing the "Your Account" page and selecting "Close your Ivotia
Account".
7. Intellectual Property Claims
Ivotia respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please inform us on info@ivotia.com.
8. Other Business
Parties other than Ivotia operate stores, provide services, or sell product lines on this website. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. You should carefully review their privacy statements and other conditions of use.
9. Third Party Sellers & Fees
Sellers agree to refrain from:
- (1) Posting or sharing content that is illegal, harmful, offensive, or infringes on others' rights.
- (2) Participating in unlawful activities such as harassment, promoting gambling, or selling counterfeit products.
- (3) Violating intellectual property or privacy rights, and refraining from spreading false or misleading information.
- (4) Using the website for illegal commercial activities, spamming, or unauthorized access.
- (5) Causing harm to minors, manipulating personal data, or attempting to compromise the website's security.
- (6) Misleading others with false claims or using stolen images for product listings.
- (7) Engaging in unsolicited solicitation, advertising, or placing undue stress on Ivotia.com's infrastructure.
Ivotia.com also reserves the right to disclose user information when required by law and ensures that users' content is used in
compliance with its terms and privacy policies.
Ivotia.com allows third party sellers to list and sell their products onj the platform. In each such case this is indicated on the
respective product detail page. While Ivotia.com helps facilitate transactions that are carried out on the Ivotia.com Marketplace,
Ivotia.com is neither the buyer nor the seller of the seller's items. Ivotia.com provides a venue for sellers and buyers to negotiate
and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely
between buyer and seller. Ivotia.com is not a party to this contract nor assumes any liability arising out of or in connection with it,
nor is it the seller's agent. The third-party seller is responsible for the sale of the products and for dealing with any buyer claims
or any other issue arising out of or in connection with the contract between the buyer and seller.
Please note that some third-party sellers may be selling as private individuals and not as professional traders. In each case this
information is indicated on the Detailed Seller Information page (which you can access by clicking on the seller’s name) and is
based on information provided by the seller to Ivotia.com. If a seller is not a business, please note that your normal statutory
rights under consumer protection laws will not apply.
If the third-party seller’s items are indicated as Fulfilled by Ivotia.com (below), Ivotia.com will manage the delivery and our
customer service will handle any issue related to the order and our 48-hour return guarantee will apply.
If the third-party seller's items are not marked as Fulfilled by Ivotia.com, the seller will be responsible for delivering the order,
and the buyer assumes any associated risks.
Platform Fee:
Ivotia.com charges a 3% fee on all sales made through the platform. This fee is automatically deducted from the transaction amount upon completion of each sale. The fee covers administrative costs, platform maintenance, and provides access to the full range of services available to sellers. The remaining balance, after the platform fee is deducted, is transferred to the seller's account.
Additionally, if a seller requests direct contact with the buyer, bypassing Ivotia's fulfillment services, this 3% fee will be requested
upfront before the buyer’s contact details are released. If the sale is unsuccessful, other than due to the seller's fault, Ivotia will
reimburse the upfront fee. However, if the buyer rejects the product due to false advertising, omission, or misrepresentation by
the seller, the fee will not be refunded. If the buyer simply has a change of mind, the refund will be granted.
To ensure eligibility for a refund, sellers are strongly advised to provide accurate and detailed descriptions of their products.
Refunds will be processed to the original payment method after receipt of the refund request form and verification with the
buyer.
10. Fulfilled by Ivotia
Items ‘Fulfilled by Ivotia” are offered by a third-party seller but dispatch is organized by an Ivotia Fulfilment Centre.
All Ivotia standard delivery rates and policies apply to these items. International delivery may not be available for all items.
When we dispatch your order, we list the carrier, dispatch date and estimated delivery date for your package in Your Account,
and in your delivery confirmation E-Mail.
We also manage all customer service and product returns for items fulfilled by Ivotia, covered by our return guarantee.
11. Amendments To The Conditions Of Use
Membership on Ivotia.com is free. Ivotia.com does not charge any fee for browsing and buying on Ivotia.com. However,
Ivotia.com reserves the right to charge a fee and change its policies from time to time.
Ivotia.com may at its sole discretion
introduce new services and modify some or all of the existing services offered on the platform. In such an event Ivotia.com
reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing
services, as the case may be.
Changes to the Fee and related policies shall automatically become effective immediately once
implemented on Ivotia.com
12. Waivers
If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.
Overview
Welcome to Ivotia.com. Ivotia Ltd provides website features and other products and services to you when you visit or shop at Ivotia.com. By using the Ivotia.com, you agree to the following conditions.
1 Privacy
Please review our Privacy Policy which also governs your use of Ivotia.com, to understand our practices.
2. Electronic Communications
When you use Ivotia.com, or send e-mails, text messages, and other communications from your desktop or mobile device to
us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices.
You agree that all agreements, notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in writing.
3 Copyright
All content included in or made available through Ivotia.com such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Ivotia or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through Ivotia.com is the exclusive property of Ivotia Ltd and protected by international copyright laws.
4. Trademarks
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Ivotia
Service are trademarks or trade dress of Ivotia Ltd. Ivotia's trademarks and trade dress may not be used in connection with any
product or service that is not Ivotia's, in any manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits Ivotia.
All other trademarks not owned by Ivotia that appear in Ivotia.com are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by Ivotia.
5. Licence And Access
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees,
Ivotia or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and
make personal and non-commercial use of the Ivotia Services. This license does not include any resale or commercial use of
any Ivotia Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of
any Ivotia Service or its contents; any downloading, copying, or other use of account information for the benefit of any third
party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in
these Conditions of Use or any Service Terms are reserved and retained by Ivotia or its licensors, suppliers, publishers,
rightsholders, or other content providers. No Ivotia Service, nor any part of any Ivotia Service, may be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Ivotia.
You
may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images,
text, page layout, or form) of Ivotia without express written consent. You may not use any meta tags or any other "hidden text"
utilizing Ivotia's name or trademarks without the express written consent of Ivotia. You may not misuse the Ivotia Services.
You
may use the Ivotia Services only as permitted by law. The licenses granted by Ivotia terminate if you do not comply with these
Conditions of Use or any Service Terms
6. Your Account
You may need your own Ivotia account to use Ivotia.com, and you may be required to be logged in to the account and have a
valid payment method associated with it.
If there is a problem charging your selected payment method, we may charge any
other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your
account and password and for restricting access to your account, and you agree to accept responsibility for all activities that
occur under your account or password.
Ivotia does sell products for children, but it sells them to adults, who can purchase with
a credit card or other permitted payment method. If you are under 18, you may use the Ivotia Services only with involvement of
a parent or guardian Alcohol listings on Ivotia are intended for adults. You must be 18 years of age to purchase alcohol, or use
any site functionality related to alcohol.
Ivotia reserves the right to refuse service, terminate accounts, terminate your rights to
use Ivotia Services, remove or edit content, or cancel orders in its sole discretion.
7. Intellectual Property Complaints
Ivotia respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please email us at info@ivotia.com
8. Returns, Refunds And Title
Ivotia does not take title to returned items until the item arrives at our fulfillment centre, or receipt is confirmed by the seller.
9. Product Descriptions
Ivotia attempts to be as accurate as possible. However, Ivotia does not warrant that product descriptions or other content of any Ivotia Service is accurate, complete, reliable, current, or error-free. If a product offered by Ivotia itself is not as described, your sole remedy is to return it in unused condition.
10. Other Businesses
Parties other than Ivotia operate stores, provide services, or sell product lines through the Ivotia Services. In addition, we
provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services
offered by these businesses or individuals, you are purchasing directly from those third parties, not from Ivotia.
We are not
responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals
(including the content of their Web sites). Ivotia does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review their privacy statements and other conditions of
use.
11. Disclaimer Of Warranties And Limitation Of Liability
THE IVOTIA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IVOTIA SERVICES ARE PROVIDED BY
IVOTIA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IVOTIA MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE IVOTIA
SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THE IVOTIA SERVICES, UNLESS OTHERWISE SPECIFIED IN
WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE IVOTIA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, IVOTIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IVOTIA DOES NOT WARRANT THAT THE IVOTIA SERVICES, INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THE IVOTIA SERVICES, IVOTIA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM IVOTIA
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, IVOTIA
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY IVOTIA SERVICE, OR FROM
ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH ANY IVOTIA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
12. Applicable Law
By using any Ivotia Service, you agree that the laws of Kenya, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Ivotia.
13. Site Policies, Modification, And Severability
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
14. Notice And Procedure For Making Claims Of Intellectual Property Infringement
If you believe that your intellectual property rights have been infringed, please submit your complaint to info@ivotia.com. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon; • A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- 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.