Welcome to FactoryOutletEA.com (the “Website”). This Website is owned and operated by The Factory Outlet East Africa, its affiliates, agents and licensors (collectively, “we”, “us”, “our” or “The Factory Outlet East Africa”).
These Terms of Use (the “Terms”) constitute the entire agreement between The Factory Outlet East Africa and you, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of these Terms. We may at any time revise these terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for any changes. The most up to date version of the Terms will always be available for your review under the “Terms & Conditions” link that appears at the bottom of this Website and several other places within this Website. By using, visiting, or browsing the Website, you accept to be bound, without limitation or qualification, by these Terms. If you do not accept these Terms, please do not use our services or visit our Website.
Subject to these Terms, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing. Any breach of the Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in these Terms, you may not display, reproduce, distribute, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libellous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Kenyan or international law; or (c) includes any bugs, viruses, worms, trap-doors, Trojan horses or other harmful code or properties.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.
All content provided on this Website is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Website are that of the individual expressing such submission or opinion and may not reflect our opinions. Product representations expressed on this Website are that of the supplier or manufacturer and are not made by us. We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the content made available through the Website. You understand that none of the content available through the Website constitutes a recommendation or solicitation to take or not take any particular action.
This Website permits you to post reviews, comments, and other content; and submit suggestions, ideas, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content.
Except as otherwise provided elsewhere in Terms or on the Website, anything that you submit or post to the Website and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
“FactoryOutletEA.com”, “The Factory Outlet East Africa” and other marks (including graphics, logos, page headers, button icons, scripts, and service names) indicated on our Website are trademarks of The Factory Outlet East Africa. The trademarks may not be used in connection with any product or service that does not belong to The Factory Outlet East Africa, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Factory Outlet East Africa or the Website. All other trademarks not owned by us that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
This Website is controlled and operated by The Factory Outlet East Africa. All material on this Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Parties other than The Factory Outlet East Africa and its subsidiaries may operate stores, provide services, or sell product lines on this Website. In addition, FactoryOutletEA.com may provide a link to other services or sites as part of the Website. Such sites are not under the control of The Factory Outlet East Africa, and we make no representations or warranties whatsoever of the offerings of, any of these websites, businesses or individuals or the content of their websites. Unless we expressly state otherwise, the fact that we have provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations. We do 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.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page or any other page of FactoryOutletEA.com so long as the link does not portray FactoryOutletEA.com or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use the FactoryOutletEA.com logo or other proprietary graphic or trademark as part of the link without express written permission. You may further not present the link to FactoryOutletEA.com in any way that suggests that we have any relationship or affiliation with your site or endorse, sponsor or recommend the information, products or services on your site.
The Website, all the materials and services, included on or otherwise made available to you through the Website is provided by The Factory Outlet East Africa on an “as is” and “as available” basis without any representations or warranties, express or implied except otherwise specified in writing. In no event shall The Factory Outlet East Africa be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or service. Neither shall we be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise.
The risk of loss and title for items purchased by you pass to you upon our delivery to the shipping carrier.
You agree to indemnify and hold The Factory Outlet East Africa and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us and/or the Website, made by any third party arising out of your violation of these Terms.
The Factory Outlet East Africa reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without any prior notice. The Terms will survive indefinitely unless and until The Factory Outlet East Africa chooses to terminate them. Your violation of these Terms will also lead to the termination of this agreement. Upon any termination of this agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part.
The Terms shall be governed by, interpreted and construed in accordance with the laws of Kenya. The place of jurisdiction shall be in Nairobi. If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, in whole or in part, that condition shall be deemed several and shall not affect the validity and enforceability of the remaining part of such provision and all other provisions.
