Terms of Service
Effective as from 3rd February 2022.
1. Acceptance of the Terms of Service.
Welcome to Piceldesigns (a.k.a. “we” or “us” or the “Company”). We are excited to have you as user and member of the community. The following terms and conditions (collectively, these “Terms of Service“) apply to your use of www.piceldesigns.co.ke, including any content, functionality and services offered on or via piceldesigns.co.ke (the “Website“). The Terms of Service also include our Privacy Policy, that you can review here: Privacy Policy
You must be at least 18 years old to use Piceldesigns’ Web site(s) and service(s). Collaborating with a parent or guardian is allowed.
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Piceldesigns, because by using the Website (and thus explicitly accepting various check lists set) you accept and agree to be bound and abide by these Terms of Service. Should you disagree with any of the provisions herein, you must leave the Website, but please let us know at info@piceldesigns.co.ke. We’ll be happy to hear your comments and suggestions.
2. Changes to the Terms of Service and the Website.
Piceldesigns reserves the right to update the Website and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on Piceldesigns, and you will be able to track the changes for any new version. Your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.
3. Accessing the Website, Security and Privacy.
We are working hard on improving Piceldesigns, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss. To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password (e.g. “itslongWITHCAPSand99numbers!!”) and you log out from your account at the end of every session. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service. We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free (including updated pricing lists, product descriptions). We manage your personal data according to our Privacy Policy, that you can review in detail here: Privacy Policy
4. Intellectual Property Rights and Use Guidelines.
User also agrees to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use material on the Website, please address your concerns to: info@piceldesigns.co.ke
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content (including orders and resultant processing information such as shipping address). You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses (such as shipping companies), including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content (Example of such content includes reviews, and ratings). For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.
You are permitted to use the Website for your personal, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set herein. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, irrevocable, sub-licensable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services. This should not be mistaken with stand-alone personally identifiable information.
The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
5. User Contributions and Content Standards. Special Disclaimer for legal content.
Piceldesigns contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, threatening or otherwise objectionable.
Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
Not be likely to deceive any person.
Not promote any illegal activity, or advocate, promote or assist any unlawful act.
Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter or advertising.
Not give the impression that they emanate from us or any other person or entity, if this is not the case.
6. Law and Copyright Infringement.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold us harmless from any claims resulting from any action taken by us during or as a result of its investigations and from any actions taken as a consequence of investigations by either us or law enforcement authorities.
If you believe that any User Content violate your copyright, please follow the procedure set forth by Piceldesigns and provide us a written take-down notice including the following information:
A physical or electronic signature of a person authorized 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 us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
A statement that you believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The notice should be addressed to info@piceldesigns.co.ke, or via snail mail to P.O. Box 739 – 00621, Nairobi, Kenya.
7. Delivery and Shipping
We provide global shipping at normal rates for what are called normally habitable geographical locations through shipping companies. Risk is passed to you the client on tender of the provider once products are dispatched from our factory. Shipping timelines are estimated by the carrier and Piceldesigns will not be liable for shipping mishaps (including delays). You must comply with all import laws and make necessary payments for taxes, customs and any other legal compliance with respect to region / locality as necessary and in due time. Piceldesigns or its partners will not be liable for non-compliance or denied-entry
8. Returns and Refunds
Our products are made to order thus we do not take returns. Once a product has been ordered and made, a refund can’t be approved. We however are known for tying high quality flies thus your order is guaranteed fulfillment as per specifications.
9. Discounts, Coupons, Gift Cards / Certificates
From time to time, we run marketing programs some of which embrace discounts. You should be keen to take advantage of these discounts when they are available for when they are not, standard prices shall avail regardless of account status. Gift cards / certificates validity is 3 months from the date of purchase and redemption can be made within the period.
10. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Piceldesigns is at your sole risk. The service (including products and order processing facilities) is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website (includes / including products), and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, non-transferable license to use the Website or purchase from us. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party’s property or information.
11. Geographic Restrictions.
We make no claims that the Website or any of its content is accessible, appropriate or legal from area of access. If you access the Website you do so on your own initiative and are responsible for compliance with local laws.
12. Intellectual Property.
Piceldesigns respects intellectual property rights, and expects you to do the same. The Piceldesigns Service and the content provided through the Piceldesigns Service is the property of Piceldesigns or Piceldesigns’ licensors and protected by intellectual property rights (including but not limited to copyright), and you do not have a right to use the Piceldesigns Service (including but not limited to its content) in any manner not covered by the Agreement. Furthermore, you must not infringe any third party’s intellectual property rights in using the Piceldesigns Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Piceldesigns Service.
13. Technology Limitations and Modifications.
Piceldesigns will make reasonable efforts to keep the Piceldesigns Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. Piceldesigns reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Piceldesigns Service with or without notice.
14. Assignment.
Piceldesigns may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
15. Governing Law and Jurisdiction.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Nairobi County without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the courts of Nairobi.
16. Waiver and Severability.
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Piceldesigns and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
17. English version prevails.
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation. Copyright © 2022 Piceldesigns and its affiliates. All rights reserved.
Piceldesigns,
10th Floor, Western Heights, Karuna road, Nairobi.
P.O. Box 739 – 00621, Nairobi,
Kenya.