Effective Date: 04.03.2024
These Terms and Conditions (“Terms”) govern your access to and use of the website, products, and services provided by TotalEnergies Marketing Kenya PLC (“we,” “our,” “us”). By accessing or using our website and services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you should not use our website or services.
1. Acceptance of Terms
By accessing or using our website, including any content, services, or features available through the website, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other applicable agreements, including our Privacy Policy and Cookie Policy. If you do not agree to these Terms, you should immediately discontinue using the website.
2. Changes to Terms
We may update or revise these Terms from time to time to reflect changes in our practices, services, or legal obligations. Any updates or changes to these Terms will be posted on this page with an updated “Effective Date.” We encourage you to review these Terms periodically to stay informed about any updates. Continued use of the website after such changes constitutes your acceptance of the revised Terms.
3. Use of Website and Services
- Eligibility: By using our website or services, you represent and warrant that you are of legal age to form a binding contract and are not prohibited by any applicable laws from accessing our website or services.
- Account Creation: Some services on our website may require you to create an account. You agree to provide accurate, complete, and up-to-date information when registering for an account. You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account.
- Prohibited Uses: You agree not to use the website or services for any unlawful, harmful, or fraudulent purpose, or in any manner that could damage, disable, overburden, or impair the website’s functionality or interfere with others’ use of the site.
4. Intellectual Property Rights
All content on the website, including but not limited to text, graphics, logos, images, videos, software, and other materials (“Content”), is the property of TotalEnergies Marketing Kenya PLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or otherwise exploit any Content without prior written consent from TotalEnergies or the appropriate rights holder.
5. Products and Services
- Product Availability: While we strive to provide accurate and up-to-date information about the availability of our products and services, we cannot guarantee that all products will be in stock at all times or that the website’s content is free from errors or omissions.
- Pricing: All product prices listed on the website are subject to change without notice. We reserve the right to correct any pricing errors that may appear.
- Delivery and Services: The delivery of products or services may be subject to additional terms and conditions. We make reasonable efforts to ensure timely delivery but cannot guarantee specific delivery dates.
6. Payment
- Payment Methods: We accept various payment methods, which may include credit/debit cards, mobile money, and other electronic payment systems.
- Billing Information: You agree to provide accurate and complete billing information when making a purchase. You are responsible for paying all fees and charges associated with your purchase.
7. Limitation of Liability
To the fullest extent permitted by law, TotalEnergies Marketing Kenya PLC and its affiliates, directors, officers, employees, agents, or partners are not liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website, services, or products, including any errors or omissions in the content, loss of data, or interruption of service.
8. Indemnification
You agree to indemnify, defend, and hold harmless TotalEnergies Marketing Kenya PLC and its affiliates, officers, directors, employees, agents, or partners from any claims, losses, damages, liabilities, or expenses (including reasonable legal fees) arising from your use of the website, violation of these Terms, or infringement of any rights of others.
9. Termination
We reserve the right to suspend or terminate your access to the website or services at any time, without notice, for any reason, including but not limited to violations of these Terms, unlawful conduct, or failure to comply with applicable laws.
10. Governing Law
These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles. Any legal action or proceeding related to these Terms shall be brought exclusively in the courts of Kenya.
11. Dispute Resolution
In the event of a dispute, we encourage you to contact us directly so that we can attempt to resolve the issue. If the dispute cannot be resolved through informal negotiation, it may be submitted to binding arbitration or any other dispute resolution process agreed upon by both parties.
12. Third-Party Links
Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of use of such third-party sites. We encourage you to review the terms and privacy policies of any third-party websites you visit.
13. Contact Information
For any questions or concerns regarding these Terms, please contact us at:
TotalEnergies Marketing Kenya PLC
Email: [email protected]
Phone: +254700855262
Website: totalenergieslimited-public.com
