Welcome to www.mediluxe.co.ke (the “Website”). The following are the Terms and Conditions, read together with the Privacy Policy, that governs your purchase and use of the products and services (the “Products”) from mediluxe.co.ke, and constitute a legally binding agreement, between you (“the Customer” or “the User”) and MEDIPOINT  Beauty Ltd which is the licensed operator of MEDILUXE in Kenya.

By visiting, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.mediluxe.co.ke, you are deemed to have agreed to all the following Terms and Conditions of Sale/Service. So, before you use this Website, please read these Terms and the Privacy Policy carefully, as you agree to be bound by them. If you do not accept these Terms and Conditions, please do not use this Website.

By continuing usage of the Website, you are consenting to be bound by these T&Cs for use and access of the Website

The Services constitute a technology platform that enables users of MEDILUXE’s website provided as part of the Services to order for beauty products. The Services are made available solely for your personal, non-commercial use.

1. Eligibility

You will be “Eligible” to use the Services only when you fulfil all the following conditions:

You have attained at least 18 (eighteen) years of age.

You are competent to enter a contract under the Applicable Laws.

You agree to comply with our terms and conditions of use

If you are not Eligible, please immediately abandon all attempts to register with us or use our services.

You acknowledge that we rely completely on the information provided by you and we shall not be held liable if you or anyone who uses your Account to access the services on the Website is not eligible to use the same.

2. Customer Eligibility

Customers or Users must be over 18 years of age. mediluxe.co.ke is not intended for children under the age of 18. We will not knowingly collect information from mediluxe.co.ke visitors in this age group. If you are below 18 years of age, please stop any further use of the Website.

3. Price & Payment

All our product prices include all applicable statutory taxes. We make every effort to make sure that the pricing and availability of Products on our Website are accurate and up to date. However, rarely, there may be an error on the pricing of a product or an error related to product availability. In such cases, we are not responsible for any typographical errors or other errors and we reserve the right to cancel the sale. We reserve the right to correct any inaccuracies or omissions related to the pricing and product availability/descriptions, even after you have submitted your order, and to change or update any other information at any time without prior notice. You can make the payment via any one of the following methods:

Mpesa

Debit and Credit Card

4. Use of Information on the Website

The information provided on the Website or through our services is intended for informational purposes only and is not intended for any other purposes.

The information on this Website is not a substitute for professional medical advice or treatment for specific medical conditions. It is important that you do not make medical decisions, and you should always seek the advice of your physician or other qualified healthcare professional with any questions you may have about your medical condition.

MEDILUXE does not endorse any views or opinions that may be included in the Website Content or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and mediluxe.co.ke.

5. Cookie Policy

Visiting MEDILUXE’s website with your browser settings adjusted to accept cookies tells us that you want to use MEDILUXE’s products and services and that you consent to our use of cookies and other technologies to provide them to you as described in this notice and in our Privacy Policy. See below for information on how to modify the settings in your device to notify you when you receive a new cookie and disable cookies altogether.

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as product recommendations, interest-based advertisements on other Websites (e.g., MEDILUXE Associates with content served by MEDILUXE), and storage of items in your shopping basket between visits. Any reference to “sites” of MEDILUXE includes our MEDILUXE website.

We also use cookies for additional purposes, including:

Identifying you when you sign-in to our site. This allows us to provide you with product recommendations, display personalized content, and recognize you as an MEDILUXE user among other customized features and services we provide.

Delivering content, including advertisements, relevant to your interests on MEDILUXE sites and third- party sites. Our interest-based ads are subject to your preferences as described in the next section.

Keeping track of your specified preferences. This allows us to honour your likes and dislikes, such as whether or not you would like to see interest-based ads. You may generally exercise your preferences through Your Account.

Keeping track of items stored in your shopping basket.

Conducting research and diagnostics to improve MEDILUXE’s content, products and services.

Preventing fraudulent activity.

Improving security.

Cookies allow you to take advantage of some of MEDILUXE’s essential features. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Basket, proceed to Checkout, or use any mediluxe products and services that require you to Sign in.

The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer.

On MEDILUXE owned and operated sites and unaffiliated sites, MEDILUXE displays interest-based advertising using the information you make available to us when you interact with our sites, content, or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchasing on our sites, use of devices, apps or software, visiting sites that contain MEDILUXE content or ads, interacting with MEDILUXE tools or using our payment services, like Checkout by MEDILUXE.

Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly.

We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.

MEDILUXE offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from MEDILUXE. You will still see ads but they will not be personalized. Also, as described above, you may modify the settings in most browsers to notify you when you receive a new cookie and disable cookies altogether.

6. Disclaimer of Warranties and Limitation of Liability

All information, Products and services included on or otherwise made available to you through this Website are provided by MEDILUXE on an “as is” and “as available” basis, either express or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.

MEDILUXE assumes no responsibility for any damages or viruses that may infect your computer equipment, mobile phone or other property on account of your access to, use of, or browsing in this site.

MEDILUXE has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website at our sole discretion.

MEDILUXE endorses the effectiveness, quality, or safety of the Products available on its Website.

Please note that while MEDILUXE has made every effort to accurately display the colours of products on its Website, the actual colour you see will depend on your device. We cannot guarantee that your device’s display of any colour will be the same as the colour of the Products delivered to you.

We may let you view our information and communicate with us through Social Media services such as Facebook and Instagram. MEDILUXE explicitly disclaims any responsibility for the terms of use and privacy policies that govern the use of these third-party websites/Apps, which are in no way associated with us.

mediluxe reserves the right to modify or withdraw any part of the Website or any of its content at any time without notice.

7. Disclaimer of Warranties and Limitation of Liability

All information, Products and services included on or otherwise made available to you through this Website are provided by MEDILUXE on an “as is” and “as available” basis, either express or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website/App is at your sole risk.

MEDILUXE assumes no responsibility for any damages or viruses that may infect your computer equipment, mobile phone or other property on account of your access to, use of, or browsing in this site.

MEDILUXE has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the Website at our sole discretion.

MEDILUXE endorses the effectiveness, quality, or safety of the Products available on its Website.

Please note that while MEDILUXE has made every effort to accurately display the colours of products on its Website, the actual colour you see will depend on your device. We cannot guarantee that your device’s display of any colour will be the same as the colour of the Products delivered to you.

We may let you view our information and communicate with us through Social Media services such as Facebook and Instagram. MEDILUXE explicitly disclaims any responsibility for the terms of use and privacy policies that govern the use of these third-party websites/Apps, which are in no way associated with us.

mediluxe reserves the right to modify or withdraw any part of the Website or any of its content at any time without notice.

8. Website Availability

We take all reasonable care to ensure the availability of the MEDILUXE Website 24 hours every day, 365 days per year. However, the Website may become temporarily unavailable due to maintenance, server or other technical issues, or for reasons beyond our control. MEDILUXE does not warrant uninterrupted access to this Website or any linked Website. However, we may, but shall not be obliged to, issue a notice when we know of scheduled maintenance of our Website.

9. Links to third-party Website

We may provide links to third-party websites, our online payment service partners, which process your payments. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such website link.

10. Terms of Sale

Payment for your orders will be made as you complete the purchase.

No credit facilities will be available and payment must be made in full.

You will be required to provide a delivery address as part of the check-out process. All ordered products will be delivered to that address.

MEDILUXE will keep you updated on the status of your purchase throughout the ordering process until it is delivered to your selected location. Our shipping policy outlines our delivery timelines. These are our company objectives and not a contractual guarantee.

MEDILUXE may accept or decline any order placed by a Customer in its absolute discretion without liability to you.

MEDILUXE reserves the right to discontinue any program or offer on its Website.

We reserve the right, without prior notice, to limit the order quantity of any Products available on our online store.

You acknowledge and you agree that you have fully and accurately disclosed your personal information information and consent to its use by MEDILUXE and/or its affiliates.

“YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.”

11. Copyrights, Trademarks, and other Intellectual Property Rights

Payment for your orders will be made as you complete the purchase.

No credit facilities will be available and payment must be made in full.

You will be required to provide a delivery address as part of the check-out process. All ordered products will be delivered to that address.

MEDILUXE will keep you updated on the status of your purchase throughout the ordering process until it is delivered to your selected location. Our shipping policy outlines our delivery timelines. These are our company objectives and not a contractual guarantee.

MEDILUXE may accept or decline any order placed by a Customer in its absolute discretion without liability to you.

MEDILUXE reserves the right to discontinue any program or offer on its Website.

We reserve the right, without prior notice, to limit the order quantity of any Products available on our online store.

You acknowledge and you agree that you have fully and accurately disclosed your personal information information and consent to its use by MEDILUXE and/or its affiliates.

“YOU CONFIRM THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE THAT THEY SHALL BE BINDING UPON YOU AND YOUR ASSIGNS, HEIRS AND PERSONAL REPRESENTATIVES.”

12. Copyrights, Trademarks, and other Intellectual Property Rights

MEDILUXE is a Registered Trademark.

As per the Terms and Conditions of MEDILUXE, the Website grants access to Users/Customers to view the content solely for visiting, ordering, and communicating with us only. All materials in this Website, including, but not limited to, images, illustrations, text, logos and page headers, that are part of this Website are copyrights and/or other intellectual properties owned by MEDILUXE. All other trademarks not owned by MEDILUXE 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 MEDILUXE.

You hereby agree that you will not reproduce, duplicate or copy the content of MEDILUXE for any purpose unless you have been specifically permitted to do so in a separate agreement with this Website.

13. User Identification

You hereby agree to indemnify, defend, hold harmless MEDILUXE and its officers, directors, employees, agents, information providers, partners, licensors, advertisers and suppliers from and against all claims, losses, expenses, damages and costs, including reasonable legal fees and costs, resulting from any violation of this agreement, or any activity related to your account, or any information or material you have submitted or will submit to us in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters, and you hereby agree to cooperate fully with us in asserting any available defences.

14. Applicable Law and Jurisdiction

These Terms and Conditions and your use of this Website and its content will be governed by and construed in all respects in accordance with the laws of Kenya.

15. Severability

If any provision of these Terms and Conditions shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

16. No waiver

No failure on the part of MEDILUXE to enforce any part of these Terms and Conditions shall constitute a waiver of any of MEDILUXE’s rights under these Terms and Conditions, whether for past or future actions on the part of any person. Neither the receipt of any funds by MEDILUXE nor the reliance of any person on MEDILUXE actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of MEDILUXE shall have any legal effect whatsoever.

17. Submissions

MEDILUXE reserves sole discretion to accept, edit or reject any and all materials you may send to us (“Submissions”). Such Submissions should not be offensive on moral, religious, racial or political grounds or of an abusive, indecent, threatening, unlawful, obscene, defamatory, menacing or otherwise objectionable nature. Transmitting such offensive materials may violate relevant laws, regulations and ethics of business.

MEDILUXE shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions. By posting, uploading, inputting or providing your Submissions, you hereby grant unrestricted use of the Submissions for any purpose, without compensation to you, including a non- terminable, royalty-free and non-exclusive license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

You also represent and warrant that your Submissions will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.

The User/Customer shall be prohibited to introduce, post, or transmit any information or software, which contains a virus, worm or other harmful components into the MEDILUXE Website.

MEDILUXE does not endorse and is not responsible for any Submissions on its Website. We will not be liable for any loss or harm caused by the Submissions or your reliance on the information, including but not limited to, statements, opinions and reviews posted by the Users/Customers, which may be inaccurate, offensive, obscene, threatening or harassing.

18. Terminations

You agree that MEDILUXE, in its sole discretion and for any or no reason, including without limitation if you breach these Terms and Conditions, may terminate your access to and use of the Website, at any time. You agree that any termination of your access to the Website/App or suspension of your account may be affected without prior notice, and you agree that MYDAWA shall not be liable to you for any such termination. Your right to use the MYDAWA Website/App/Service immediately ceases upon termination of your access/use of the Website/App.

20. Changes to these Terms and Conditions

MEDILUXE reserves the right to amend these terms and conditions from time to time. MEDILUXE will notify you of any material changes or additions to these Terms and Conditions and will provide you with a copy of the amended Terms and Conditions, either under this Website, by use of your email address provided to MEDILUXE or by any other suitable means which ensure that you will be able to take notice of the changes to these Terms and Conditions.