– The right is reserved, to the extent permitted by applicable law, to change any of these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site. The Effective Date of the current version of the Terms and Conditions is at the top of this page. Your continued use of the Site thereafter constitutes your agreement to any and all such changed Terms and Conditions.

– Your right granted by these Terms and Conditions may, with or without prior notice, be terminated. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

– The right is reserved, subject to applicable law, at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.

– Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise.

– Failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall a waiver of your breach of any provision hereof be taken or held to be a waiver of the provision itself.

– In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

– The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

– You agree that no claims or action arising out of, or related to, the use of the Site or these Terms and Conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with or are dissatisfied with the Site, termination of your use of the Site is your sole remedy and the Site shall have no other obligation, liability, or responsibility to you.

– Indemnification: You agree to defend, indemnify and hold the Site, its parents, subsidiaries, affiliates, partners, platform service provider, sellers of products on the Site, licensors, officers, directors, employees, representatives and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Sites or the Site Content in violation of any law, rule, regulation or these Terms and Conditions, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Site’s infrastructure.

– Disputes: Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent courts in Nairobi, Kenya. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of Kenya.

– Consent to Receive Notices Electronically by Posting on the Site and Via Email: You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) in relation to these Terms and Conditions electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that provided to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify your withdrawal of such consent by emailing customercare@himitsu.in and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 2 hereof, shall automatically terminate. Unfortunately, the benefits of this Site cannot be provided to any user that cannot consent to receipt of Notices electronically. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in the Privacy Policy.

– General: You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement concerning your use of the Site and the purchase of the various products thereat, and supersede and govern all prior proposals, agreements, or other communications. If you have any questions regarding these Terms and Conditions, please email customercare@himitsu.co.ke.