terms & conditions

AIRDUKA SHOP

TERMS AND CONDITONS

1. Introduction

1.1 Welcome to AIRDUKA SHOP (“we”, “our”, “us”).

1.2 AIRDUKA SHOP (herein referred to as the “Website/App”) is a service provided by PRIDE MART LTD (herein referred to as “the Company”).

1.3 These Terms and conditions (“Terms”) govern your use of our mobile application and website located at https://shop.airduka.com/ and the sale of products listed on the Website/App.

1.4 Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

1.5 If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing info@airduka.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

2. Eligibility

2.1 By accessing or using our Website/App, you warrant and represent that;

  • a) You are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of use.
  • b) You are competent to enter a contract under the Applicable Laws.
  • c) You have a valid registered mobile number
  • d) You agree to comply with our terms and conditions of use

2.2 If you are not Eligible, please immediately abandon all attempts to register with us or use our services.

2.3 You acknowledge that we rely completely on the information provided by you and we shall not be held liable if you or anyone who uses your Account to access the services on the Website/App is not eligible to use the same.

3. Registration of Accounts

3.1 When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Website/App.

3.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any activities or actions that occur under your account and/or password, whether your password is with our Website/App or a third-party Website/App. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

3.4 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

4. Subscriptions

4.1 A subscription plan that best meets a merchant's needs can be selected from those available on our Website/App.

4.2 Any merchant who fails to renew their current subscription plan will immediately transition to a Non-Subscription Model (NSM), where they will be responsible for paying AIRDUKA SHOP a commission for each product sold through the website/app.

4.3 The commission does not apply to merchants who have signed up for a paid subscription plan.

5. Terms of sale

5.1 AIRDUKA SHOP is open for third parties to sell their products on our website.

5.2 AIRDUKA SHOP does not represent the merchant or the buyer in transactions.

5.3 AIRDUKA SHOP does not control and is not liable to or responsible for the price change, quality, safety, lawfulness or availability of the products or services offered for sale on the Website/App or the ability of the merchants to complete a sale or the ability of buyers to complete a purchase.

5.4 None of the products listed on the Website/App are owned or sold by us. The buyer and merchant agree that we would be held free from any liability in relation to the products listed on our website/app.

5.5 The Merchant undertaKes to incorporate in its website all the details that buyers will need to make an informed buying decision, including:

  • a) A comprehensive description of the goods on offer;
  • b) Details of return and refund policies;
  • c) Customer service contact details, including email address and telephone number;
  • d) The total price of the goods or services on offer, including any relevant taxes and delivery charges, with the price quoted in Kenya Shillings;
  • e) The Merchant’s physical address; and
  • f) The Merchant's full name and online address.

5.6 Payment for your orders will be made as you complete the purchase.

5.7 No credit facilities will be available and payment must be made in full.

5.8 Our website/app accepts the use of voucher codes for orders placed online. The marketing voucher codes which are accepted on our website/app entitle you at the time of ordering a product to a discount on the order being placed on our website/app. Our voucher codes may not be exchanged for cash. We reserve the right to cancel or withdraw our voucher codes at any time.

5.9 You will be required to provide a delivery address as part of the check-out process. All ordered products will be delivered to that address.

5.10 Delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence. You agree not to hold the Merchant liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.

5.11 AIRDUKA SHOP will keep you updated on the status of your purchase throughout the ordering process until it is delivered to your selected location. Our delivery and shipping policy outlines our delivery timelines. These are our company objectives and not a contractual guarantee.

5.12 AIRDUKA SHOP may accept or decline any order placed by a Buyer at its absolute discretion without liability to you.

5.13 AIRDUKA SHOP reserves the right to discontinue any program or offer on its Website/App.

5.14 We reserve the right, without prior notice, to limit the order quantity of any Products available on our online store.

5.15 These items may not be listed on AIRDUKA SHOP:

  • a) Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services. Apparatus such as personal massagers/vibrators and sex toys and enhancements.
  • b) Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver.
  • c) Cable TV descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free
  • d) Child pornography in any form.
  • e) Copyright unlocking devices which include Mod chips or other devices designed to circumvent copyright protection
  • f) Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials
  • g) Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software
  • h) Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods
  • i) Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs including but not limited to salvia and magic mushrooms
  • j) Drug test circumvention aids which include drug cleansing shaKes, urine test additives, and related items
  • k) Endangered species, which includes plants, animals or other organisms (including product derivatives) in danger of extinction
  • l) Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrollment in online gambling sites, and related content
  • m) Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles
  • n) Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property
  • o) Illegal goods which include materials, products, or information promoting illegal goods or enabling illegal acts
  • p) Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes
  • q) Offensive goods which include literature, products or other materials that: a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors b) Encourage or incite violent acts c) Promote intolerance or hatred.
  • r) Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals
  • s) Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a recognized and licensed medical practitioner in Kenya or anywhere else.
  • t) Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
  • u) Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications
  • v) Securities, which includes stocks, bonds, mutual funds or related financial products or investments.
  • w) Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products
  • x) Traffic devices, which includes radar detectors/ jammers, license plate covers, traffic signal changers, and related products
  • y) Weapons, which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments
  • z) Wholesale currency, which includes discounted currencies or currency, exchanges
  • aa) Live animals or hides/skins/teeth, nails and other parts of animals.
  • bb) Multi-Level Marketing schemes or Pyramid / Matrix sites or websites using a matrix scheme approach
  • cc) Any intangible goods or services or aggregation/consolidation business. ff. Work-at-home information
  • dd) Drop-shipped merchandise
  • ee) Any product or service, which is not in compliance with all applicable laws and regulations both -local and international -including.
6. Payments

6.1 While availing of any of the payment method(s) offered at AIRDUKA SHOP, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  • a) Lack of authorization for any transaction(s), or
  • b) Exceeding the lireset limit mutually agreed by you and between your "Bank(s)", or
  • c) Any liayment issues arising out of the transaction, or
  • d) The decline of transactions for any other reason/s.

6.2 All payments made against the purchases/services on AIRDUKA SHOP by you shall be compulsorily in Kenya Shillings acceptable by the Central Bank of Kenya. AIRDUKA SHOP does not accept any other form of currency with respect to the purchases made on the website/app.

7. Delivery, returns and refunds

Delivery, returns of products by buyers and acceptance of returned products by Merchants shall be managed by us in accordance with the delivery and shipping policy and returns and refund policy on AIRDUKA SHOP, as may be amended from time to time.

8. Communications from AIRDUKA SHOP

By using our Website/App, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@airduka.com.

9. Contests, sweepstaKes and promotions

Any contests, sweepstaKes or other promotions (collectively, “Promotions”) made available through our Website/App may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

10. Posting your content on AIRDUKA SHOP

10.1 Our Website/App allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on the Website/App, including its legality, reliability, and appropriateness.

10.2 User(s) understand and agree that the Website/App acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Website/App.

10.3 By posting Content on our Website/App, you represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on our Website/App does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity.

10.4 You retain all of your rights to any Content you submit, post or display on our Website/App and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on our Website/App. However, by posting Content on our Website/App, you grant us the right and license to promote, use, modify, publicly perform, publicly display, reproduce, and distribute such Content on various platforms owned by the company.

10.5 You agree that this license includes the right for us to make your Content available to other users of the Website/App, who may also use your Content subject to these Terms.

10.6 AIRDUKA SHOP has the right but not the obligation to monitor and edit all Content provided by users.

10.7 AIRDUKA SHOP reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Website/App which in AIRDUKA SHOP’s reasonable belief is unlawful or could subject AIRDUKA SHOP to liability or in violation of the Agreement or is otherwise found inappropriate in AIRDUKA SHOP's opinion. AIRDUKA SHOP reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.

10.8 In connection with any of the foregoing, AIRDUKA SHOP reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by AIRDUKA SHOP at its sole discretion. User(s) agree that AIRDUKA SHOP shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event AIRDUKA SHOP taKes any of the actions mentioned in this provision.

11. Prohibited use of AIRDUKA SHOP

While using the Website/App, you will not:

i. post Information or content or list items in an inappropriate category or areas on our Website/App;

ii. post items you do not have a right to link to or include;

iii.post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;

iv. post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user(s), disrespect another's culture or make any other derogatory or inappropriate comments;

v.post counterfeit or stolen items;

vi.post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;

vii. post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;

viii. post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;

ix. post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;

x. post any Information or content or list items that (in our sole discretion) may not be considered to be in compliance with general Kenyan law, rules, morals, values, ethics and traditions;

xi. post Information or content or list items which may (in our sole discretion) threaten national security;

xii. post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;

xiii. use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);

xiv. use contacts made by buying or selling on the Website/App to solicit (including by emailor otherwise) sales on other items directly and/or from another Website/App;

xv. manipulate or attempt to manipulate the Website/App in any way including the prices of any item or services on the Website/App (either alone or in conjunction with other user(s)s);

xvi. take any action that may undermine the Website/App's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Website/App or use of such information for purposes unrelated to AIRDUKA SHOP);

xvii. distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

xviii. distribute viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming technologies that may harm the Website/App, or the interests or property of the Website/App's user(s)s;

xix. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

xx. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

xxi.interfere or attempt to interfere with the proper working of the Website/App;

xxii.use contacts made by buying or selling on the Website/App to solicit (including by email or otherwise) sales on other items directly and/or from another Website/App;

xxiii. manipulate or attempt to manipulate the Website/App in any way including the prices of any item or services on the Website/App (either alone or in conjunction with other user(s);

xxiv. attempt to take over another user(s)'s account or carry out any hacking or phishing of the Website/App or user(s) accounts and related features;

xxv. export or re-export any Website/App tools except in compliance with the export control laws of any relevant jurisdictions;

xxvi. copy, modify, or distribute any content from the Website/App or otherwise infringe the Website/App's copyright material and/or trademarks in any way;

xxvii.violate any laws, rules, regulations, guidelines, third party rights or our policies;

xxviii.abuse AIRDUKA SHOP's policies or terms and conditions posted on the Website/App from time to time.

12. Disclaimer of warranties and limitation of liability

12.1 All information, Products and services included on or otherwise made available to you through this Website/App are provided by the company on an "as is" and "as available" basis, either express or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.

12.2 The company assumes no responsibility for any damages or viruses that may infect your computer equipment, mobile phone or other property on account of your access to, use of, or browsing on this site.

12.3 The company has exerted reasonable efforts to ensure that all information published on the Website/App is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website/App at our sole discretion.

12.4 We may let you view our information and communicate with us through Social Media services such as Facebook and Twitter. The company explicitly disclaims any responsibility for the terms of use and privacy policies that govern the use of these third-party websites/Apps, which are in no way associated with us.

12.5 The company reserves the right to modify or withdraw any part of the Website/App or any of its content at any time without notice.

13. Privacy and data protection

Please review our Privacy Policy, which also governs your use of AIRDUKA SHOP’s services, to understand our practices. By using our Website/App, you accept the terms in our Privacy Policy in full.

14. Intellectual property rights

14.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the company owns all intellectual property rights to the Website/App, including, without limitation, any and all rights, interest in and title to copyright, related rights, patents, utility models, trademarks, trade names and marks, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website/App belonging to AIRDUKA SHOP without obtaining authorization from the company.

14.2 Materials on the Website/App are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.

14.3 You agree to not engage in the use, copying, or distribution of any of the Content/Materials other than as expressly permitted herein, including any use, copying, or distribution of Content/Materials of third parties obtained through the Website/App for any commercial purposes.

14.4 The company respects the intellectual property of our general user(s), Merchants, buyers and everyone else in general. If you believe that your intellectual property rights are being infringed, please report using the contacts stipulated under these Terms and Conditions by submitting the following information:

  • a) Name, email address and phone number of the IP owner
  • b) Organization
  • c) IP right(s) infringed
  • d) Name/Organizational name of the alleged infringer
  • e) Proof of ownership
  • f) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (where applicable)
  • g) Any other information that will assist us handle the infringement.

We respond quickly to the concerns of rights owners about any alleged infringement.

15. Linked third party websites

15.1 This Website/App may contain links or references to other Websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites and the company is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those Websites may use.

15.2 Notwithstanding the fact that the Website/App may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained therein.

15.3 We strongly advise you to read the terms of service and privacy policies of any third-party web Websites or services that you visit.

16. Indemnity

You hereby agree to indemnify, defend, and hold harmless the company and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and anysuch indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.

17. Termination

17.1 These Terms & Conditions notwithstanding, the company reserves itself the right to revoke and terminate your permission to use the Website/Apps and/or to prevent your access to and use of the Website/Apps.

17.2 You agree that the company may, in its sole discretion and without prior notice, terminate your access to the Website/App and block Your future access to the Website/App if the company determines that you have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to the company, for which monetary damages may be inadequate, and you consent to the company obtaining any injunctive or equitable relief that the company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the company may have in law or in equity.

17.3 Any termination will not impact the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. In addition, you agree that the Website/App is not liable to you or to any other person as a result of any such termination or suspension

18. Severability

Should any article in the Terms & Conditions herein be deemed illegal, unenforceable or revoked for any reason, it shall be considered severed from the Terms & Conditions herein, will be removed therefrom, and shall have no bearing on the applicability of the remaining articles.

19. Waiver

Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

20. Assignment

These Terms, and any rights, licenses and obligations granted under these Terms, may not be ceded, delegated, transferred or assigned by you. You agree that the company may, at any time and without restrictions, transfer, cede, delegate or assign any or all of its rights and obligations under these Terms. Any cession, delegation, assignment or transfer by you shall be null and void.

21. Updates, modifications and amendments

21.1 We may need to update, modify or amend our Terms and Conditions as our technology evolves. We reserve the right to make changes to these Terms and Conditions at any time by giving notice to the user(s) on this page.

21.2 We advise that you check this page often, referring to the date of the last modification on the page If a user(s) objects to any of the changes to the Terms and Conditions, the User(s) must cease using our Website/App and/or services immediately.

22. Governing law and Dispute resolution

22.1 These Terms and Conditions and your use of this Website/App and its content will be governed by and construed in all respects in accordance with the laws of Kenya.

22.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Kenya.

19. Acknowledgement

BY USING OUR WEBSITE/APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.

20. Contact Us

If you have any questions about our Returns and Refunds Policy, please contact us:

  • By email: info@airduka.com
  • By phone number: (+254)111 108-000



These Terms and conditions were updated on 2nd September 2022.

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