Terms Of Use
TABLE OF CONTENTS
Effective FEB 01 2024
These terms and conditions outline the rules and regulations for the use of our website, community, app, product and services located at www.theomesas.com and physical locations.
This Agreement constitutes a legally binding agreement between everyone who enrolls in any of our website, community, app, product and services (“Member”). If you are a member and/or use any of our website, app, community, products and services, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.DO NOT CONTINUE TO USE THE OMESA’S WEBSITE,APP,COMMUNITY,PRODUCTS AND SERVICES, IF YOU DON’T AGREE TO ALL THE TERMS OF USE,PRIVACY POLICY AND CONDITIONS KINDLY DO NOT CONTINUE THE USE OF ANY OF OUR WEBSITE,APP,COMMUNITY,PRODUCTS AND SERVICES.
DEFINITION OF TERMS
The following terminology applies to these Terms of Use, Privacy Policy, Disclaimer Notice and all Policies and/or Agreements: "Client" ,"Member" and "You" refers to you, the person log on this website and complaint to the company's terms of use. "The Company", "Ourselves", "We", "Our" and "Us", refers to us (The Omesa’S). "Party" and "Parties", refer to both the Client and us. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with a subject to, prevailing law of Kenya. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
1.USER ACCOUNTS
1.1 To access and use the Services, you must register for an account (“Account”). To complete your Account registration, you must provide us with your full legal name, address, phone number, a valid email address, payment method and any other information indicated as required (“Personal Data”). We may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
1.2 These conditions must be met: (i) older or equal to 18 years, or (ii) at least the age required in the jurisdiction where you reside and from which you use the Services to open an Account.
1.3 The email provided (“Login Email”) when registering for The Omesa’S Account; cannot be changed. Though it can be changed if you request, and you have provided full identification and is identical and correct without doubt.
1.4 You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the Email Address you provide to Us, and your Email Address must be capable of both sending and receiving messages. Your email communications with The Omesa’S can only be authenticated if they come from your authenticated Email Address.
1.5 You confirm that you are receiving any Services provided by us for the purposes of carrying out a personal activity and not for any business activity unless permitted by us in writing and in advance.
1.6 You are solely responsible for keeping your login email and password (“Access Information”) secure. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.
1.7 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without express written permission by us.
1.8 You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services.
1.9 You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.
1.10 You understand that your Materials may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. “Materials” means Your Trademarks, copyright content, any photos, images, videos, graphics, written content, audio files, code, information, or other data provided or made available by you or your affiliates to us and/or its affiliates.
1.11 You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that
1.12.1 Violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
1.12.2 is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Kenyan or international law; or
1.12.3 Includes any bugs, viruses, worms, trap doors, trojan horses or other harmful code or properties.
1.13 Technical support in respect of the services is only provided to our users.
1.14 You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the sites, through the community or otherwise, including the submission of Product Ratings & Reviews, Questions & Answers, and all other data: profile information, documents, text, music, sound, photographs, graphics, video, forum postings, comments or other materials (collectively, "Third-Party Content"). We will not accept content from you unless you are a registered user of our site.
1.15 You will not interfere with or disrupt the sites, servers or networks connected to the sites, or disobey any requirements, procedures, policies or regulations of networks connected to the sites, including by using any device, software or routine to bypass robot exclusion headers. We reserve all rights not expressly granted in and to the Content.
If you have any questions concerning your account kindly do not hesitate to email us [accounts@theomesas.com] or by chat (“contact us” or “let’s chat” button at the bottom of your screen) method.
2.THE OMESA’S COMMUNITY
The Omesa’S Community is an online social platform located on www.theomesas.com and application. To become a community member, you must register for an account. After you become a community member, some of the information associated with your account can be seen by everyone on your Profile page and some information can only be seen by you on your Profile page. Everyone will be able to see your featured profile photo or avatar and banner photo, your provided name, the number of members that you follow and that follow you, your shared “About” content, and your shared social handles; unless you adjust the privacy settings on your Profile so that these personal traits are seen only by you on your Profile.
We may change community policies and guidelines from time to time. Your participation in the community is subject to the community terms of use, which are incorporated herein by reference and located here (click to view)
3.TERMS OF SALE, SUBSCRIPTION, GIFT CARD AND LEAF POINTS.
3.1 TERMS OF SALE
Purchasing or shopping from us is guided through the terms of sale. The terms may change from time to time. You shopping with us is subject to those terms, which are incorporated herein by reference and located here (click to view)
3.2 TERMS OF SUBSCRIPTION
Joining the paid service requires you to have registered for an account (“Member”) and provide one or two payment methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. We may change subscription policies from time to time. You being a subscriber is subject to the subscription policy, which are incorporated herein by reference and located here (click to view)
3.3 GIFT CARD
Buying a gift card from our site requires you to have registered for an account (“Member”) and provide one or two payment methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. We may change subscription policies from time to time. You being a purchaser or user of the gift card, you are subject to the terms, which are incorporated herein by reference and located here (click to view)
3.4 LEAF POINTS
Getting leaf points requires you to have registered for an account (“Member”) and provide one or two payment methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and buy products or services from our site or stores.
For shopping: 1Ksh Spent You get 1 Leaf Point.
To redeem: For every 100 Leaf Points you get Ksh.10 Discount.
4.PROMOTIONS TERMS AND CONDITIONS
Promotions run by us shall be guided in accordance with “Promotion’s Terms Of Use” where applicable. The terms may change from time to time. You participating in any of the promotions is subject to those terms, which are incorporated herein by reference and located here (click to view)
EFFECTIVE FROM FEB 1 2024
5.RETURN AND REFUND POLICY
You are bound to the policy if you require any of the two services; refund and/or return service. For Refund Policy and for Return Policy.
7.BILLING AND ORDER CANCELATION
Kindly adhere to the cancelation process and terms at the respective subscription and ordering.
For Subscription and Orders.
10. STORE CREDIT
Store credits may be earned and managed in accordance with our own discretion, as may be amended from time to time. We reserve the right to cancel or withdraw our store credit rewards for any reason in our discretion, including if we suspect fraud or foul play. Delay in payments reduces your chance to get store credit again. This is limited to in-store purchases, and we require some KYC Data from you for eligibility. You have to have been our customer for over a month.
8.PARTNER PROGRAM TERMS AND CONDITIONS
The terms may change from time to time. You participating in any of the partner or related program is subject to those terms, which are incorporated herein by reference and located here (click to view)
To contact partner support:
E-mail: partnercare@theomesas.com
Phone/SMS: +254 727 310 740
Social Media: @theomesas
9.CUSTOMER CONDUCT OF CONDUCT POLICY
At Omesa’S, customer satisfaction is our top priority. We strive to solve all customer problems in a professional and amicable way. However, we will not tolerate any unreasonable and/or unacceptable behaviors to us, our employees and our partners.
9.1 Unacceptable behaviors to either of us, our employees and partners are and not limited to:
9.1.1 Aggressive, abusive and threatening language, which may include; any and all direct and implied threats on any communication channel, intimidating language, personal and/or verbal abuse, sexist racist and/or derogatory remarks: rudeness, inflammatory statements, swearing and unsubstantiated allegations.
9.1.2 Excessive number of complaints compared to total purchase value
9.1.3 Persistently making habitually demanding or vexatious complaints; despite having been fully addresses on the dispute with a reasonable and fair solution provided by our terms and conditions.
9.1.4 Asking, expecting and demanding our employees to breach established company guidelines e.g., more refund than what was paid to us.
9.1.5 Repeatedly changing the nature(focus) of the complaint or the desired outcome, part way after a formal decision has been made available to them.
9.1.6 And any behaviors we might deem unreasonable and/or unacceptable at our own discretion.
9.2 For such behaviors', we may:
9.2.1 At our own discretion terminate all orders and services rendered to you as an individual. We might even deny you access back into our websites and physical shops.
9.2.2 Give you several warnings to refrain from such behaviors in future interactions with us or receive the above remedy.
9.2.3 There will be no further correspondence in the matter, if you persist with such behavior.
11.NON-EXCLUSIVITY LICENSE
Subject to the terms and conditions of this Agreement, We hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
14.RESERVATION OF RIGHTS
We reserve the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. We may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of The Omesa’S (and its employees, partners), its users and the public.
12.DISCLAIMER
As seen in the previous sections, this is just an addition. All other disclaimers will be located here.
13.CONTENT SUBMISSION, THIRD-PARTY CONTENT AND THIRD-PARTY SITES
As seen in section 1, Section 2 and Section 3 about your content submission. This is just an addition to the guidelines on your submissions (“third-party content”)
13.1 CONTENT POSTED ON SOCIAL MEDIA CHANNELS
From time to time, we may reach out to you and ask for permission to use content you posted on social media channels (such as, by way of example, Instagram, Facebook, Twitter, TikTok, etc.), including photography, videos, captions, and or related content (your "Social Media Content"). When you agree to allow us to use your Social Media Content, the terms in this section apply (unless you and we agree in writing to different terms):
We will have the worldwide and perpetual right, without payment to you, but not the obligation, to do the following:
a. To Publish your Social Media Content on our website, App or social media account managed by us.
b. To Publish your Social Media Content in our marketing materials in any form, medium or technology whether now or hereafter known, including, but not limited to, materials on theomesas.com, our emails, content in social media channels, and in-store materials;
c. To use only specific elements of your Social Media Content (e.g., only your photography, video and/or only excepts from your caption), and to make edits to the Social Media Content, in connection with the foregoing.
You represent and warrant that:
a. No person other than you appears or is mentioned in the Social Media Content;
b. You took the photograph or video and have all the rights to the Social Media Content;
c. You actually used any products tagged, shown or mentioned in the Social Media Content in conformity with the product instructions;
d. If your Social Media Content contains a "look" based on use of various products, that "look" is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in the Social Media Content, and you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products;
e. Any statements or testimonials that are included in your Social Media Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;
f. If you have received any compensation, incentive, or other benefit from us or any third party in exchange for posting the Social Media Content, using any product, or mentioning or tagging any products or brand in your Social Media Content, or if you have a material connection to us or any other company or brand mentioned or tagged in your Social Media Content, then (i) you have disclosed this clearly in your caption clearly and conspicuously, and (ii) in connection with any use made by us of your Social Media Content, We shall have the right to prominently disclose, in a manner determined by us in its discretion, that you received such compensation, incentive or other benefit; and
g. You have the right to grant us the right to use your Social Media Content as set forth in these terms and such use by us. We will not violate the rights of any third party.
13.2 MODIFICATION OF CONTENT
All Content that you submit is not confidential and may be used at our sole discretion. We may or may not pre-screen Content. However, we and our designers will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, we and our designers will have the right to remove any Content that we deem, in our sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. We do not guarantee that you will have any recourse through us to edit or delete any Content you have submitted. We reserve the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, Community Posts are generally posted within minutes to four business days. However, we reserve the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not us, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of us, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
13.3 DISCLAIMER
We may provide content of third parties ("Third Party Content"), or links to Third Party Sites, as a service to those interested in this information. We do not monitor, approve or have any control over any Third-Party Content or the Third-Party Sites and the inclusion of links to Third Party Content or Third-Party Sites does not imply any association or relationship between us and such third party. We do not guarantee, endorse or adopt the accuracy or completeness of any Third-Party Content or any Third-Party Site. We are not responsible for updating or reviewing Third Party Content or Third-Party Sites. Your use of Third-Party Content and Third-Party Sites is at your own risk. Third Party Content, including comments from third party users submitted to us through the Community, do not necessarily reflect the views of The Omesa’S.
Third Party Content includes, without limitation, product reviews, ratings, Questions & Answers and other material that was originally posted on Third Party Sites (including, without limitation, websites hosted by brands carried in Omesa’S). Also AD’s from google.
15.DISCLAIMER OF WARRANTIES
WE ARE PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability of information is subject to change without notice.
16.LIMITATION OF LIABILITIES
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID TO US. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY
We provide the Sites and the Community and all other applications and services on the Sites as a forum only. We are not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third-Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for informational and entertainment purposes only. More generally, Content posted via or on the Sites or any Third-Party Site, including through the Community, is not controlled by us. We cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and we shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community. You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein. In respect of the services offered to you free of charge we will not be liable to you for any loss or damage of any nature whatsoever. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the our services, products, community and/or these general terms of use.
17.INDEMNIFICATION
You agree to defend, indemnify and hold harmless The Omesa’S (and its officers, directors, agents, subsidiaries, joint ventures, employees, partners and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification will survive the termination of these Terms of Use and your misuse of the Sites and the Community.
18.DMCA
If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide us with designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):
• An electronic or physical 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 Sites;
• 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;
• Your name, address, telephone number and email address (if available); 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 are authorized to act on the copyright owner's behalf.
Reach us by:
E-mail: copyright@theomesas.com
Phone: +254 727 310 740
Social media platforms handle- @theomesas
19.PRIVACY POOLICY
By submitting your email address in connection with your account, you agree that we and our third-party service providers may use your email address to contact you about your members account or content you have submitted to the Sites, including the community, or for other administrative purposes and for any other purpose permitted or required by law. Our Privacy Policy provides further details on the way we may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.Located Here
20.INTELECTUAL PROPERTY & TRADEMARK
All logos and trademarks of The Omesa’S are property of The Omesa’S Family. And all the other logos are the property of their respective owners. Use them according to the specification in their terms and conditions. For our full information regarding our intellectual property and trademarks. Check here
21.DISPUTE RESOLUTION
If a dispute should arise between you and us, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by calling +254 727-THE OMESA’S or by sending an email to care@theomesas.com.You can use the help center for other questions. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute
.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
21.1 AGREEMENT TO ARBITRATE DISPUTES
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TO HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A KENYAN RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
WE BOTH AGREE TO ARBITRATE: You and we agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate The Omesa’S intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO THE COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes should be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND US WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at arbitrationoptout@theomesas.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.
22. CHOICE OF LAW/APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Kenya, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Kenya. By using any our Services and Products, you agree that applicable law will be Kenyan Law, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.
23.SEVERABILITY
The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.
24.TERM AND TERMINATION
The term of these Terms of Use will begin on the date of your completed registration for use of a Service and continue until terminated by either us or you, as provided below the “Term”. You may cancel your Account and terminate the Terms of Use at any time by contacting our support and then following the specific instructions indicated to you in our response.
Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Use for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Use will be without prejudice to any rights or obligations which arose prior to the date of termination.
Upon termination of the Services by either party for any reason:
26.1 We will cease providing you with the Products and/or Services and you will no longer be able to access your Account;
26.2 Unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
26.3 Any outstanding balance owed to us for your use of the Services through the effective date of such termination will immediately become due and payable in full.
26.4 If there are any outstanding Fees owed by you at the date of termination of the Service, you will receive a final invoice via email. Once that invoice has been paid in full, you will not be charged again.
27.MODIFICATIONS
We reserve the right, in our sole and absolute discretion, to update or change any portion of the Terms of Use at any time. We will provide you with reasonable advance notice of changes to the Terms of Use that materially adversely affect your use of the Services or your rights under the Terms of Use by sending an email to the Primary Email Address or providing notice through other means of communication. However, we may make changes that materially adversely affect your use of the Services or your rights under the Terms of Use at any time and with immediate effect (i) for legal, regulatory, fraud and abuse prevention, or security reasons; or (ii) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Unless we indicate otherwise in our notice (if applicable), any changes to the Terms of Use will be effective immediately upon posting of such updated terms at this location. Your continued access to or use of the Services after we provide such notice, if applicable, or after we post such updated terms, constitutes your acceptance of the changes and consent to be bound by the Terms of Service as amended. If you do not agree to the amended Terms of Service, you must stop accessing and using the Products and/or the Services
Any questions you may have regarding these terms of use kindly contact us by email. legal@theomesas.com. Or care@theomesas.com or by other means of contact found in our contact page.
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Our Locations
Headquarters | Kwa Maji,Kiserian
Kwa Maji stage also know as Neema road. It is right on the stage. A huge sign written our name is the landmark.
Opposite Matatu Stage(Old) | Kiserian,
After total, there is stage for matatus going to Town. Opposite there is a butchery and shops. Enter into the alley way; you will find us on stall 12b. On top of the door you will find our name written.
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