As a condition of your use of this Website and mobile app, you warrant that:
You are at least 18 years of age;
You possess the legal authority to create a legally binding obligation
You possess the legal authority to create a legally binding obligation;
You will use this website in accordance with these terms and conditions;
You will only use this website to make legitimate actions in relation to the business carried out by the proprietor of Futuresoft Technologies Limited;
You will inform such other persons about the terms and conditions that apply to the actions you have undertaken while on this platform, including all rules and restrictions applicable thereto;
All information supplied by you on the app and the website is true, accurate, current and complete;
You fully understand that the material displayed on the site and App is provided without any guarantees, conditions or warranties as to its accuracy or as to any omissions;
If you have an account on the App or the Website, you will safeguard your account information and will be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions.
Futuresoft Store is a site operated by Future soft Technologies Ltd. on behalf of Futuresoft Technologies Ltd. Company a company incorporated in Kenya under the Companies Act, 2015. For the purposes of the usage of the website, "seller", "we", "us" and "our" all refer Futuresoft Store
In this Terms and Conditions Manual unless the context otherwise requires the following words or phrases have the following meaning -:
“We”, “Us” and “Our” refers to Futuresoft Store
“Account Holder” means a customer who has an existing account with the company; such customer can also be referred to as “you”, “user”, or “subscriber”
“Agreement” refers to the Terms and any other terms and conditions notified by the Company to the Account Holder that apply to the sale and supply of the Products and Services;
“Company” means Futuresoft Technologies Ltd.
“Services” refers to the delivery of product to the Account Holder’s address as issue by them during their registration;
“Product” refers to the goods or related items items for sale on the store.futuresoft.co.ke web site.
We grant you a revocable and non-exclusive license to use this site, in accordance with the Terms and Conditions of Use.
That all users are aware that the website and the app. Are for such for the following; shopping for products sold on the site, gathering prior information regarding our products and services and making purchases.
Commercial use or use on behalf of any third party should only be as explicitly permitted by us in advance.
Certain services and related features made available on the Site may require registration or subscription. All users warrant that such subscription indicates that they are solely responsible for their accounts and for keeping passwords and other key account identifiers safe and secure.
All subscribers agree to promptly update the information on their accounts when necessary. Failure to make changes by the subscriber when required is an outright misleading act by a subscriber to us and all misactions by us should be attributed to the subscribers failure to act as required.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller places an order through the application. Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
The Company takes reasonable care to ensure that all details relating to the prices are correct. The Company further reserves the right to refuse orders where Product and Price information has been incorrectly published. Prices are inclusive of VAT unless otherwise stated.
Futuresoft Store reserves the right to change the price of her products displayed on the website at any time without prior notification.
This Site is only for delivery of products to customers within Kenya. We make every effort to deliver goods within the estimated time scales set out on our Site; however delays are occasionally inevitable due to unforeseen factors.
We shall not be liable for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
The users agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale especially where the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
The Users are fully aware that we are apprehensive and prohibit actions which include but are not limited to: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, infringing any intellectual property rights.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
Commentary and other materials posted on our site are not intended as advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
All information on the website is subject to Copyright protection.
Our site contains information relating to us. However, we are not liable for any action you may take, or for any loss or damage suffered, as a result of relying on such information or advice.
These Terms and Conditions and update your records from time to time.
We aim to update our site regularly, and may change the content at any time without notice. If the need arises, we may suspend access to our site. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy
Due to the nature of the internet, we cannot guarantee that our site will always be accessible. Our site may be unavailable or suspended to allow for repairs, maintenance or the introduction of new facilities or services.
Any email or attachment sent to us will not be encrypted and we therefore do not accept any liability if emails sent by you are compromised (including, but not limited to, their security or confidentiality).
By virtue of accessing our site, users warrant that they consent to the privacy policy by our website and that all information will be processed in accordance to the policy. Further you you consent to such processing and agree that all data provided by you is accurate.
All users are responsible for keeping your username and password confidential and for restricting access to your computer to prevent unauthorized access to your account. We work under the pretext that all information that is provided during the registration process is accurate and complete. Where this is however false, the user is responsible for any loss incurred by us as a result of such misinformation.
We reserve the right to refuse access to the site, and to terminate accounts, remove or edit content or cancel orders at our discretion. If we cancel an order it will be without charge to you unless such cancellation is due to the users actions or lack thereof.
These Terms and Conditions of Use shall be interpreted and governed by the laws in force in the Republic of Kenya. In case any dispute or difference arises between the users and us touching or relating either to the website or the App:
the parties shall in the first instance attempt to resolve such dispute by amicable negotiation;
should such negotiations fail to achieve a resolution within twenty-one (21)days or such other period as the parties thereto agree, either party may declare a dispute by written notification to the other party, whereupon such dispute shall be referred to arbitration under the following terms;
such arbitration shall be resolved under provisions of the Arbitration Act (Cap.49, Laws of Kenya) (as amended from time to time);
The tribunal shall consist of one arbitrator to be agreed upon between the parties failing which such arbitrator shall be appointed by the Chairperson for the time being of the Institute of Arbitrators (Kenya Branch) upon the application of either party who shall not be of less than five (5) years standing as an Advocate of the High Court of Kenya;
The award of the arbitral tribunal shall be final and binding upon the parties to the extent permitted by law and either party may apply to a court of competent jurisdiction for enforcement of such an award. The award of the arbitral tribunal may take the form of an order to pay an amount or to perform or to prohibit certain activities.
We reserve the right to change or update these Terms and Conditions from time to time without prior notice to you. The current version of the T&Cs will be displayed within the Website from the date on which any changes come into effect. Continued use of the Site following any changes to the Terms and Conditions shall constitute your acceptance of such changes.
We reserve the right to without prior notice to you, to immediately terminate the Terms and Conditions of Use or revoke any all of your rights granted under the Terms and Conditions of Use.
Upon any termination of this agreement, you shall immediately cease all access to and use of the Site. Consequently, we shall immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination.
If you are dissatisfied with Site or with any terms, conditions, rules, policies, guidelines, or practices of Futuresoft Technologies ltd. in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then the part shall be severed from these Terms and Conditions of Use and shall not affect the validity or enforceability of any other section listed in this document.
The user agrees to indemnify us, our affiliates, officers, directors, agents and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.
Thank you for visiting our site.