TERMS AND CONDITIONS

Welcome to Healthwise! This website is operated by HEALTHWISE HYPERMARKET LTD. By using our website or purchasing any products from us, you agree to abide by the following terms and conditions (“Terms of Service”).

Please carefully read these Terms of Service before accessing or using our website. Your access to and use of our site implies your acceptance of these terms. If you do not agree to all the terms and conditions outlined in this agreement, you may not access the website or use our services.

These Terms of Service apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

We may update, change, or replace any part of these Terms of Service by posting updates or changes on our website. It is your responsibility to review this page periodically for changes. Your continued use of our website following any updates constitutes acceptance of those changes.

Our online store is hosted on WooCommerce for WordPress, providing us with the e-commerce platform to sell our products and services to you.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or you have obtained consent from your legal guardian if you are a minor, to use this site.

Our products must only be used for lawful purposes, and you must comply with all applicable laws in your jurisdiction, including copyright laws.

You are prohibited from transmitting any harmful code, such as worms or viruses.

Violation of these terms will lead to immediate termination of services.

GENERAL CONDITIONS

We reserve the right to refuse service to any individual at our discretion, without providing a reason, at any time.

You acknowledge that your content, excluding credit card information, may be transferred unencrypted and may undergo transmissions over various networks, as well as modifications to meet technical requirements of networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, including access to the Service or any contact on the website facilitating the service, without our explicit written consent.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do not guarantee the accuracy, completeness, or timeliness of information provided on this site. The content is intended for general information purposes and should not be solely relied upon for decision-making without consulting more reliable sources. Any reliance on the material is at your own risk.

 

This site may include historical information, which may not be current and is provided for reference only. We reserve the right to update or modify the site’s content at any time without obligation to update past information. You are responsible for monitoring any changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products may change without prior notice.

We reserve the right to modify or discontinue the Service, or any part of it, at any time without notice.

We are not liable to you or any third-party for any changes in prices, modifications, suspension, or discontinuation of the Service.

PRODUCTS OR SERVICES

Certain products or services may only be available online through our website, with limited quantities and subject to our Return & Refund Policy for returns or exchanges.

We strive to accurately display product colors and images; however, we cannot guarantee precise color representation on every computer monitor.

We reserve the right to limit sales of products or services by person, region, or jurisdiction, as well as to restrict quantities offered. Descriptions and pricing of products may change at our discretion, and we may discontinue products at any time. Any offers made on this site are void where prohibited.

We do not guarantee that purchased products or services will meet your expectations or that Service errors will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to reject any orders placed with us and may limit or cancel quantities per person, household, or order at our discretion. This includes orders made under the same customer account, credit card, or billing/shipping address. If we modify or cancel an order, we’ll attempt to notify you using the contact information provided during checkout.

We may restrict orders that seem to be from dealers, resellers, or distributors.

You agree to provide accurate, complete, and current purchase and account information for all transactions. It’s your responsibility to update your account details, including email address and credit card information, to ensure successful transactions and communication.

For further information, please refer to our Refunds and Returns Policy.

OPTIONAL TOOLS

We may grant you access to third-party tools, over which we have no control or monitoring.

You acknowledge that we provide access to these tools “as is” and “as available,” without any warranties, representations, or conditions, and without endorsement. We bear no liability arising from or related to your use of these optional third-party tools.

Your use of optional tools provided through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and accept the terms provided by the relevant third-party provider(s).

In the future, we may introduce new services and features on the website, which will also be subject to these Terms of Service.

THIRD-PARTY LINKS

Our Service may include content, products, and services from third parties.

Links on our site may redirect you to third-party websites not affiliated with us. We do not review or assess the content or accuracy of these sites and bear no responsibility or liability for any third-party materials, websites, or products and services.

We are not responsible for any damages or harm arising from transactions, purchases, or use of goods, services, or content on third-party websites. Before engaging in any transaction, carefully review the third-party’s policies and practices.

Any issues regarding third-party products should be addressed directly to the third-party.

USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you submit comments, ideas, or materials to us, whether at our request or unsolicited, you agree that we may use, edit, publish, or distribute them without restriction.

We are not obligated to keep comments confidential, compensate for them, or respond to them. We reserve the right to monitor and remove content that we deem unlawful, offensive, or violates intellectual property rights or these Terms of Service.

Your comments must not infringe upon any third-party rights, contain unlawful or abusive material, or contain malware. You must provide accurate information and not impersonate others when commenting.

You are solely responsible for your comments’ accuracy, and we are not liable for any comments posted by you or third parties.

 PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

At times, our site or Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, and availability. We reserve the right to correct such errors, inaccuracies, or omissions and to modify or cancel orders if necessary, without prior notice. (including after you have submitted your order).

We are not obligated to update or clarify information on the Service or related website, including pricing information, except as required by law. The absence of a specified update date should not imply that all information has been modified or updated.

PROHIBITED USES

In addition to other restrictions outlined in the Terms of Service, the following actions are prohibited on the site or its content:

(a) Using the site for unlawful purposes.

(b) Soliciting others to engage in unlawful acts.

(c) Violating any regulations, rules, laws, or ordinances.

(d) Infringing upon our intellectual property rights or those of others.

(e) Engaging in harassment, abuse, defamation, or discrimination based on various factors.

(f) Providing false or misleading information.

(g) Uploading or transmitting viruses or malicious code.

(h) Collecting personal information of others.

(i) Engaging in spamming or phishing activities.

(j) Using the site for obscene or immoral purposes.

(k) Interfering with the security features of the Service or related websites.

Violation of these prohibitions may result in termination of your use of the Service or related websites.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the service will be accurate or reliable.

You acknowledge that we may remove or cancel the service at any time, without notice to you.

Your use of the service is at your sole risk. The service, as well as all products and services provided through it, are provided “as is” and “as available,” without any representation, warranties, or conditions of any kind, whether express or implied. This includes implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated by us.

In no event, Healthwise, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including lost profits, revenue, savings, data, or

replacement costs, arising from your use of the service or any products obtained through it. This includes any errors or omissions in content or any loss or damage incurred as a result of content posted, transmitted, or made available through the service. This limitation of liability applies regardless of the legal theory, even if advised of the possibility of such damages. In jurisdictions where exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Healthwise, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by a third party due to or arising from your breach of these Terms of Service or any documents they reference, or your violation of any law or the rights of a third party.

SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by law. The unenforceable portion will be considered severed from these Terms of Service, and this determination will not affect the validity and enforceability of any remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement.

These Terms of Service will remain effective unless terminated by you or us. You can terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by discontinuing use of our site.

We may also terminate this agreement at any time without notice if, in our sole judgment, you fail to comply with any term or provision of these Terms of Service. In such a case, you will remain liable for all amounts due up to the date of termination, and we may deny you access to our Services or any part of them.

ENTIRE AGREEMENT

The failure of either party to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.

These Terms of Service, along with any policies or rules posted by us on this site or related to the Service, constitute the entire agreement between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any previous versions of the Terms of Service).

Any uncertainties in interpreting these Terms of Service will not be construed against the party responsible for drafting them.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed under the laws of Kenya.

CHANGES TO TERMS OF SERVICE

You can always find the latest version of the Terms of Service on this page.

We reserve the right, at our discretion, to update, modify, or replace any part of these Terms of Service by posting updates and revisions on our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service after changes to these Terms of Service are posted constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at admin@healthwise.co.ke