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Terms and Conditions
Last updated: July 24, 2018

Welcome to dil.africa. Dayibson Investments Limited and/or its affiliates ("DIL.AFRICA") provide website features and other products and services to you when you visit or shop at dil.africa, use DIL.AFRICA products or services, use DIL.AFRICA applications for mobile, or use software provided by DIL.AFRICA in connection with any of the foregoing (collectively, " DIL.AFRICA Services"). DIL.AFRICA provides the DIL.AFRICA Services subject to the following conditions.

By using DIL.AFRICA Services, you agree to these conditions. Please read them carefully.

We offer a wide range of DIL.AFRICA Services, and sometimes additional terms may apply. When you use a DIL.AFRICA Service (for example, Your Profile, DIL.AFRICA Video, Your Media Library, DIL.AFRICA devices, or ) you also will be subject to the guidelines, terms and agreements applicable to that DIL.AFRICA Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our privacy policy, which also governs your use of DIL.AFRICA Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use DIL.AFRICA Services, 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 e-mails, texts, mobile push notices, or notices and messages on this site or through the other DIL.AFRICA Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through any DIL.AFRICA Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of DIL.AFRICA or its content suppliers and protected by Kenya and international copyright laws. The compilation of all content included in or made available through any DIL.AFRICA Service is the exclusive property of DIL.AFRICA and protected by Kenya and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any DIL.AFRICA Service are trademarks or trade dress of DIL.AFRICA in Kenya and other countries. DIL.AFRICA's trademarks and trade dress may not be used in connection with any product or service that is not DIL.AFRICA's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DIL.AFRICA. All other trademarks not owned by DIL.AFRICA that appear in any DIL.AFRICA Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DIL.AFRICA.

PATENTS

One or more patents owned by DIL.AFRICA apply to the DIL.AFRICA Services and to the features and services accessible via the DIL.AFRICA Services. Portions of the DIL.AFRICA Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, DIL.AFRICA 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 DIL.AFRICA Services. This license does not include any resale or commercial use of any DIL.AFRICA Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any DIL.AFRICA 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 DIL.AFRICA or its licensors, suppliers, publishers, rightsholders, or other content providers. No DIL.AFRICA Service, nor any part of any DIL.AFRICA Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DIL.AFRICA. 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 DIL.AFRICA without express written consent. You may not use any meta tags or any other "hidden text" utilizing DIL.AFRICA's name or trademarks without the express written consent of DIL.AFRICA. You may not misuse the DIL.AFRICA Services. You may use the DIL.AFRICA Services only as permitted by law. The licenses granted by DIL.AFRICA terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own DIL.AFRICA account to use certain DIL.AFRICA Services, and you may be required to be logged in to the 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. DIL.AFRICA does sell products to children, but it sells them to adults, who can purchase with a mobile money service, credit/debit card or other permitted payment method. If you are under 18, you may use the DIL.AFRICA Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their DIL.AFRICA Household. Alcohol listings on DIL.AFRICA are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. DIL.AFRICA reserves the right to refuse service, terminate accounts, terminate your rights to use DIL.AFRICA Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DIL.AFRICA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DIL.AFRICA a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DIL.AFRICA and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DIL.AFRICA for all claims resulting from content you supply. DIL.AFRICA has the right but not the obligation to monitor and edit or remove any activity or content. DIL.AFRICA takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

DIL.AFRICA respects the intellectual property of others.

RISK OF LOSS

For orders that require shipment using third parties, such purchases from DIL.AFRICA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

DIL.AFRICA does not take title to returned items until the item arrives at our center. At our discretion, a refund may be issued without requiring a return. In this situation, DIL.AFRICA does not take title to the refunded item.

PRODUCT DESCRIPTIONS

DIL.AFRICA attempts to be as accurate as possible. However, DIL.AFRICA does not warrant that product descriptions or other content of any DIL.AFRICA Service is accurate, complete, reliable, current, or error-free. If a product offered by DIL.AFRICA itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on DIL.AFRICA and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on DIL.AFRICA.
With respect to items sold by DIL.AFRICA, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by DIL.AFRICA is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by DIL.AFRICA, such as the DIL.AFRICA App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

OTHER BUSINESSES

Parties other than DIL.AFRICA operate stores, provide services or software, or sell product lines through the DIL.AFRICA Services. In addition, we may 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 DIL.AFRICA. 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). DIL.AFRICA 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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DIL.AFRICA SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIL.AFRICA SERVICES ARE PROVIDED BY DIL.AFRICA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DIL.AFRICA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIL.AFRICA SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIL.AFRICA SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIL.AFRICA SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, DIL.AFRICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIL.AFRICA DOES NOT WARRANT THAT THE DIL.AFRICA SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIL.AFRICA SERVICES, DIL.AFRICA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DIL.AFRICA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DIL.AFRICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DIL.AFRICA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DIL.AFRICA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any DIL.AFRICA Service, or to any products or services sold or distributed by DIL.AFRICA or through DIL.AFRICA will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, DIL.AFRICA reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue. DIL.AFRICA is operated by Dayibson Investments Ltd. a company wholly registered in Kenya.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of DIL.AFRICA Services. 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.

OUR ADDRESS

Dayibson Investments Limited,
P.O. Box 6301,
Nairobi, Kenya

ADDITIONAL DIL.AFRICA SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with DIL.AFRICA Services (the "DIL.AFRICA Software").
  1. Use of the DIL.AFRICA Software. You may use DIL.AFRICA Software solely for purposes of enabling you to use the DIL.AFRICA Services as provided by DIL.AFRICA, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the DIL.AFRICA Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the DIL.AFRICA Software in whole or in part. All software used in any DIL.AFRICA Service is the property of DIL.AFRICA or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the DIL.AFRICA Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the DIL.AFRICA Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the DIL.AFRICA Software at any time and without notice to you.
  5. Conflicts. In the event of any conflict between these Conditions of Use and any other DIL.AFRICA or third-party terms applicable to any portion of DIL.AFRICA Software, such as open-source license terms, such other terms will control as to that portion of the DIL.AFRICA Software and to the extent of the conflict.

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 using our online. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Dayibson Investments Limited,
P.O. Box 6301,
Nairobi, Kenya
Written claims concerning copyright infringement must include the following information:
  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and e-mail address;
  5. 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; and
  6. 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.