Terms & Conditions
Terms & Conditions
This website is owned and operated by ONCE UPON A CHILD (K) LIMITED, a company incorporated in Kenya whose registered office and principal place of business is located along General Mathenge Drive Westlands in Nairobi City County and whose postal Address is P.O. Box 1247-00606, Nairobi, within the Republic of Kenya.
By visiting the Site, you are accepting and consenting to the practices described in these terms of sale and use. We may modify the terms of sale and use from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified terms of sale and use.
Please read the Website Terms before using the website and check back often. We offer a wide range of ONCE UPON A CHILD (K) LTD Services, and sometimes additional terms may apply. When you use a ONCE UPON A CHILD (K) LTD Service (for example Your Profile, Gift Vouchers or ONCE UPON A CHILD (K) LTD applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that ONCE UPON A CHILD (K) LTD Service ("Service Terms"). If you do not agree to any change to the Website Terms, then you must immediately stop using the Site. If you have any queries or questions (whether about our products and services, this website, any of our terms and conditions or otherwise), then please contact us.
In addition to our legal terms and conditions, you may also find it helpful to visit the Help section of our website. Here you will find useful information on our delivery charges, delivery timescales, and returns policy, (as well as helpful information relevant to other questions you may have.
To use some of the services or features made available to you on this Site you will need to register. During registration you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address; firstname.lastname@example.org We may also change registration requirements from time to time. You can update or correct your details at any time by going to Your Account.
We may provide you with and/or ask you to use passwords or other means to allow you to access certain areas of the Website and/or to maintain your account security. The account password and account information you provide should be unique and kept secure and confidential, and you must notify ONCE UPON A CHILD (K) LTD immediately on Telephone number +254786 178 771 of any breach of security or unauthorised use of your account. ONCE UPON A CHILD (K) LTD
will not be liable to you or any person for losses caused by any unauthorised use of your account and /or arising from failure to protect your account. You may be liable for ONCE UPON A CHILD (K) LTD's losses or others due to such unauthorised use and /or failure.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through ONCE UPON A CHILD (K) LTD is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of Kenya.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the ONCE UPON A CHILD (K) LTD terms of eligibility, who have been issued a valid credit/debit Voucher or other payment method by a financial institution acceptable to ONCE UPON A CHILD (K) LTD, whose applications are acceptable to ONCE UPON A CHILD (K) LTD and who have authorised ONCE UPON A CHILD (K) LTD to process a charge or charges on their credit/debit Voucher or other means of payment in the amount of the total purchase price for the merchandise which they purchase. ONCE UPON A CHILD (K) LTD reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where ONCE UPON A CHILD (K) LTD feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit Voucher number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit Voucher, to obtain an initial credit/debit Voucher authorisation and to authorise individual purchase transactions.
Your order is an offer to ONCE UPON A CHILD (K) LTD to buy the product(s) in your order. When you place an order to purchase a product from ONCE UPON A CHILD (K) LTD, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). If you are using certain ONCE UPON A CHILD (K) LTD Services (e.g. ONCE UPON A CHILD (K) LTD mobile applications) the Order Confirmation may be posted on a Message Centre on the website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Message Centre of the website confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract is with ONCE UPON A CHILD (K) LTD. Without affecting your right of cancellation set out herein, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
ONCE UPON A CHILD (K) LTD offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to ONCE UPON A CHILD (K) LTD. Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit Voucher within thirty days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period. ONCE UPON A CHILD (K) LTD will store a record of your transactions for a minimum of one year.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
Please note further that completion of the online checkout process does not constitute our acceptance of your offer to purchase products or services from us. Our acceptance of your order will take place only when we despatch the product(s) or commencement of the services that you ordered from us. Prior to despatch of the product(s), ONCE UPON A CHILD (K) LTD has the right to decline an order for any reason, including legal and regulatory reasons.
We will notify you by email as soon as possible to acknowledge that we have received and are processing your order. The duration of our contract with you will start from when you order and we take payment and dispatch the products, until the last day of your right to cancel. If we cannot supply you with the product or service you ordered, we will not process your order, inform you of this in writing (including email) and, if you have already paid for the product or service, refund you in full as soon as reasonably possible.
If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules, ONCE UPON A CHILD (K) LTD has the right to stop or cease to fulfil the order at any time, including after despatch of products and/or notification to you that the order has been received and is being processed. You acknowledge that ONCE UPON A CHILD (K) LTD shall incur no liability in such circumstances.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order.
Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order.
Completion of the contract between you and ONCE UPON A CHILD (K) LTD will be perfected when we dispatch the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been dispatched.
The sale contract is therefore concluded at ONCE UPON A CHILD (K) LTD’s dispatch office in Nairobi and the language of the contract is English.
Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of ONCE UPON A CHILD (K) LTD.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out within these terms of sale.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion.
We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
Payment can be made by Visa, Master Card Voucher, PayPal, debit card, credit card and Mobile Money (M-pesa, Airtel money), and any other electronic mode which may be clearly displayed on the Site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now'. Once this transaction is complete, you will then return to ONCEUPONACHILD.COM Payment will be debited and cleared from your account upon dispatch of your order by ONCE UPON A CHILD (K) LTD. You confirm that the credit/debit Voucher that is being used is yours or that you have been specifically authorised by the owner of the credit/debit Voucher to use it. All credit/debit Voucher holders are subject to validation checks and authorisation by the Voucher issuer. If the issuer of your payment Voucher refuses to authorise payment to ONCE UPON A CHILD (K) LTD, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit Voucher transactions on this site are processed using a secure online payment gateway that encrypts your Voucher details in a secure host environment. If you are a registered ONCE UPON A CHILD (K) LTD user, we will securely store your credit/debit card, Voucher details on our systems. These details will be fully encrypted and only used to process Voucher transactions which you have initiated.Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
ONCE UPON A CHILD (K) LTD Gift Vouchers are sold subject to the following terms and conditions:
No fees are imposed on ONCE UPON A CHILD (K) LTD Gift Vouchers and they do not expire. Gift Vouchers can be redeemed against all products on the www.oneuponachild.com site. Gift Vouchers are non-transferable, can only be used on the ONCE UPON A CHILD (K) LTD site for which they are issued and may not be returned or redeemed for cash.If your order total is less than the value of the Gift Voucher, the remaining balance will be credited to your account and
will be redeemed against subsequent orders. You may check your Gift Voucher balance online via your My Account page.
If your order exceeds the value of the Gift Voucher and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit Voucher.
If you return products you have purchased using a Gift Voucher, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
Virtual Gift Vouchers will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch. ONCE UPON A CHILD (K) LTD is not liable for delivery of a Virtual Gift Voucher to an incorrect or non-existent email address, this is the sole responsibility of the purchaser.
ONCE UPON A CHILD (K) LTD is not responsible if a Gift Voucher is lost, stolen, destroyed or used without permission. ONCE UPON A CHILD (K) LTD reserves the right to cancel a Gift Voucher if we deem such action necessary.Promotion codes cannot be applied to the purchase of Gift Vouchers with the exception of free shipping codes which can be applied to Boxed Gift Vouchers orders. VAT and any other applicable tax is applicable on any products purchased with a ONCE UPON A CHILD (K) LTD Gift Voucher.
Prices shown on the Site are in Kenya Shillings and are inclusive of VAT and exclusive of delivery charge.
All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
SALE PRICE ADJUSTMENT POLICY
ONCE UPON A CHILD (K) LTD may at its discretion offer a Sale Price Adjustment on items purchased prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your ONCE UPON A CHILD (K) LTD account in the form of a store credit which will be valid for 3 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
INSURANCE AND DELIVERY
You will own the goods on and from the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.
ONCE UPON A CHILD (K) LTD insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by ONCE UPON A CHILD (K) LTD, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
The signature may be waived at your discretion, please note, that if no signature is collected, you agree to our terms and conditions and, confirm that ONCE UPON A CHILD (K) LTD can leave your package(s) outside the premises at the delivery address provided by you without obtaining a signature for proof of delivery. You authorise ONCE UPON A CHILD (K) LTD to leave the package(s) at the delivery address without obtaining a signature and release and indemnify ONCE UPON A CHILD (K) LTD from liability for any loss or damage that may result from leaving the package(s) at your delivery address without obtaining a signature.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.
Delivery charge: Delivery charge shall differ depending on the location of the delivery address.
Free delivery: we may offer free delivery on orders over specified amounts and to Areas/places as we may indicate.
Free delivery applies only to purchases in a single order delivered to a single address. Offer excludes furniture, gift cards. The basket value is calculated inclusive of any other promotions.
RETURNS AND EXCHANGES
RECEIVING YOUR RMA If you wish to return an item, a Returns Merchandise Authorisation (RMA) number should be requested online within 3 days of receiving your order. Please refer to our Returns & Exchanges policy for details on how to request an RMA.
RETURNING YOUR PURCHASE
Making a return for a refund, store credit, or exchange is easy using Returns service. All returns must be made within 3 days of receiving an RMA. Please refer to our Returns & Exchanges policy for further information.
Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.
We offer a flexible returns policy to make your online shopping experience even easier. However, customers returning items repeatedly may be refused at our discretion.
All shoes should be tried on a carpeted surface before wear.
UNDERWEAR & SWIMWEAR
Boxers, briefs, and swimwear should be tried on over underwear. Returns will not be accepted if hygiene seals are broken and or items are soiled and will be sent back to the customer.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within 2 months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty.If your item is faulty when you receive it, you can return it for a replacement. Simply request your Returns Merchandise Authorisation (RMA) number and return the faulty goods to us within 3 days of the day you received them.If you discover a fault after this time, but within 2 months of purchase, you can still return it. Where possible, we will offer to repair the item. If it cannot be repaired and the same product is still available, we will send you a replacement. If the same product is no longer available, you are entitled to a full refund.If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability.
We have made every effort to display as accurately as possible the colours of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any colour will be accurate.
USE OF THE WEBSITE
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including ONCE UPON A CHILD (K) LTD Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by ONCE UPON A CHILD (K) LTD. Any reproduction or redistribution of the above listed Content is prohibited and may result in
civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. ONCE UPON A CHILD (K) LTD tries to ensure that the information on this site is accurate and complete. ONCE UPON A CHILD (K) LTD does not promise that ONCE UPON A CHILD (K) LTD's Content is accurate or error-free. ONCE UPON A CHILD (K) LTD does not promise that the functional aspects of the Site or ONCE UPON A CHILD (K) LTD's Content will be error free or that this Site, ONCE UPON A CHILD (K) LTD Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.The personal opinions of the manufacturers, designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of ONCE UPON A CHILD (K) LTD and we accept no responsibility for any such views expressed in any media.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to any submissions made by them.
We may include hyperlinks on this Site to other websites or resources operated by parties other than ONCE UPON A CHILD (K) LTD, including advertisers. ONCE UPON A CHILD (K) LTD has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the
privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While ONCE UPON A CHILD (K) LTD will use reasonable endeavours to verify the accuracy of information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for purpose. Nothing in these terms of sale and use shall limit your rights as a consumer under the laws of Kenya.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the terms of sale and use.
At our request, you agree fully to defend, indemnify and hold harmless ONCE UPON A CHILD (K) LTD immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms of sale and use by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder. This defence and indemnification obligation will survive these terms of sale and use and your use of the Site and the Services.
TRADEMARKS AND COPYRIGHT
The logos, brands, brand names and labels displayed on our website are the property of the manufacturers of the products and may be protected by copyright. While we make all efforts to ensure only reasonable and fair use of them, we shall not be held liable for any infringement by the users of our website.
If you are a copyright, or trademark owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing:
A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
GENERAL LEGAL TERMS
Theseterms of sale and use constitute the whole legal agreement between you and ONCE UPON A CHILD (K) LTD and govern your use of the Services and completely replace any prior agreements between you and ONCE UPON A CHILD (K) LTD in relation to the Services. Notwithstanding the foregoing, you understand that ONCE UPON A CHILD (K) LTD may make changes to the terms of sale and usefrom time to time. When these changes are made, ONCE UPON A CHILD (K) LTD will make a new copy of these terms of sale and use available at http://www.mrporter.com. You agree that ONCE UPON A CHILD (K) LTD is under no obligation to provide you with notices regarding changes to theseterms of sale and use. You understand that it is your responsibility to check these terms of sale and use regularly for changes.
Modifications to the Services: ONCE UPON A CHILD (K) LTD is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which ONCE UPON A CHILD (K) LTD provides may change from time to time without prior notice to you. You further acknowledge and agree that ONCE UPON A CHILD (K) LTD may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ONCE UPON A CHILD (K) LTD's sole discretion, without prior notice to you.
Confidentiality: You understand that ONCE UPON A CHILD (K) LTD grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of
such materials. ONCE UPON A CHILD (K) LTD reserves the right to revoke these exceptions either generally or in specific cases.
Liability in the Event of Breach: You agree that you will comply with all of the provisions of theseterms of sale and use. You understand that you are solely responsible for (and that ONCE UPON A CHILD (K) LTD has no responsibility to you or to any third party for) any breach of your obligations under theseterms of sale and useand for the consequences (including any loss or damage which ONCE UPON A CHILD (K) LTD may suffer) of any such breach.
No Waiver: You agree that if ONCE UPON A CHILD (K) LTD does not exercise or enforce any legal right or remedy which is contained in these terms of sale and use (or which ONCE UPON A CHILD (K) LTD has the benefit of under any applicable law), this will not be taken to be a formal waiver of ONCE UPON A CHILD (K) LTD's rights and that those rights or remedies will still be available to ONCE UPON A CHILD (K) LTD.
Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms of sale and useis invalid, then that provision will be removed from the terms of sale and usewithout affecting the rest of the terms of sale and use. The remaining provisions of the terms of sale and usewill continue to be valid and enforceable.
Governing Law: The terms of sale and use, and your relationship with ONCE UPON A CHILD (K) LTD under the terms of sale and use, shall be governed by the laws of Kenya. You and ONCE UPON A CHILD (K) LTD agree to submit to the exclusive jurisdiction courts of the republic of Kenya and waive any claim or defence of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. Violation of terms of sale and use: Please report any violations of the terms of sale and use by emailing customer care email@example.com Independent Relationship: You and ONCE UPON A CHILD (K) LTD are independent contractors, and these terms of sale and use, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and ONCE UPON A CHILD (K) LTD. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent.
Neither party is authorised to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the terms of sale and use. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorised so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the terms of sale and use.
Dispute Resolution: Should any dispute arise between any of the parties hereto with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, the parties to such dispute shall in the first instance attempt to resolve such dispute by amicable negotiation. Should such negotiations fail to achieve a resolution within Twenty (20) days, either party may refer the dispute to court.