Click and Ship Limited (“Zitto”) owns and operates the website www.zitto.co.ke (“Website”) and offers its services under the following terms of use (hereinafter collectively referred to as the “Agreement”) that constitutes a legal agreement between you and the company.
You should carefully read the terms of services and only use our site if you agree and consent to the agreement. By using the website, you agree to be legally bound by the agreement and the privacy statement set forth herein just as if you had signed them. These Terms expressly supersede prior agreements or arrangements with you. The company may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
We are constantly looking for ways to improve and expand, we therefore may amend these terms from time to time. The amended terms shall be effective upon posting of such updated terms on the site or the amended policies or supplemental terms on the applicable service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms and acceptance of the amendments. These terms and conditions apply to all our services directly or indirectly and made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website through whatever platform you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
For the purpose of this Agreement, the following terms shall have the following meaning;
“We”, “Us”, “Our”, “Company” as used interchangeably in this agreement refers to Zitto or Click and Ship Limited and its affiliated partners.
“Personal Data” means any information or data that relates to an identified or identifiable natural person (“data subject”), or data considered to be personal data as more specifically defined in the Data Protection Act No. 24 of 2019, Kenya.
“Privacy Laws” means any law, statute, directive, or regulation regarding privacy, data protection, information security obligation and/ or the processing of personal data as provided in the Data Protection Act with regard to processing of personal data and the transfer of such data.
“Services” means any service offered by Zitto as provided in this agreement.
“Shipping Price” means the fee provided on the website for the delivery of any product to the user.
“Total fees” means, in respect of a user/customer order, the aggregate of the goods ordered, the shipping price, the transaction fees that Zitto may impose and any applicable fees, value added or similar taxes.
“Third Parties” means any agents, carriers, forwarders, custom brokers, warehousemen, sellers and any other person to whom goods have been entrusted by the user for sell, transportation, cartage, packaging, handling and/ or delivery and/ or storage.
“User” means any person who uses the website for the provision of the company’s services, including their employee, agent and/ or representative who has been authorised by the account holder to use their account.
In this Agreement; words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders. Headings and sub-headings to this agreement are for convenience and reference purposes only and shall not affect the interpretation hereof.
Unless otherwise provided, Zitto will collect the total fees from a user at the time that the user submits an order. Orders shall not be processed unless and until such time as the total payment is made. Failure to make a payment will result in not processing or cancellation of an order without further notice to you. It is your responsibility to ensure that the payment details are complete and accurate.
1. Payments: Transactions can be done via PayPal, credit card, bank to bank wire transfer or through use of Wallet provided on the website. Assisted purchase requests will not be placed and packages will not be shipped until your payment clears.
USERS UNDERSTAND AND AGREE THAT WITH RESPECT TO THE USE OF THE SERVICES PROVIDED ON THE WEBISTE OR THE USE OF THE WALLET, ZITTO DOES NOT COLLECT OR ACT AS A RESERVOIR OF FUNDS FROM THE PAYMENTS MADE BY THE USERS OF THE SITE. CHARGES INCURRED FROM ANY ORDER WILL BE OWED DIRECTLY TO THIRD PARTY PROVIDERS AND ZITTO WILL COLECT PAYMENT OF THOSE CHARGES FROM THE USER, ON THE THIRD-PARTY PROVIDER’S BEHALF AS THEIR LIMITED PAYMENT COLLECTION AGENT, AND PAYMENT OF THE CHARGES SHALL BE CONSIDRED THE SAME AS PAYMENT MADE DIRECTLY BY THE USER TO THE THIRD-PARTY PROVIDER.
2. Refunds: All charges for the paid services are calculated on the website, or otherwise set forth in the Agreement. You agree to pay for the services according to these terms. Charges paid by the user are non- refundable
3. Invoicing and payment: Fees for the service will be invoiced once an order is made and shall be charged based on the rate applicable to your shipment as calculated on the website. You are responsible for maintaining complete and accurate billing, payment, and contact information with Zitto.
4. Taxes: Unless otherwise stated, the total fees are inclusive of any direct or indirect local, foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized use or withholding taxes (collectively “Taxes”), insurance, freight, and incidental charges related to transportation and customs duty. The user is responsible for paying all taxes associated with the service fees and orders made.
In the event of lost or damaged packages, please contact us to file a claim. All claims for lost or damaged packages must be reported to Zitto within 7 days. Any claim outside the specified period will be automatically denied.
If you do not insure your shipment, you cannot recover money if they are lost or damaged during transit. Insurance for packages lost during the transit is only covered for the value entered in the customs declaration. The user shall be required to prove value entered by invoice or order.
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitute a breach of the terms, which may result in immediate termination of your account on our website.
You are responsible for safeguarding the password that you use on your account and for any activities and actions under your password. Any breach of security should immediately be notified to us.
You are responsible for providing accurate value and costs for your package. Failure to do so constitutes a breach of the terms and you will be liable for any difference in charges incurred by the company during customs clearance or any applicable taxes incurred.
Zitto does not guarantee delivery of packages that do not comply with the country of export regulations or import regulations of Kenya.
You are responsible for determining and following the regulations of your shipment, including all customs requirements of Kenya.
You are responsible for the accuracy of all customs declarations and documentation and for all custom duties in Kenya. Any such duties and charges are in addition to the fees earned by Zitto for its package/ mail forwarding service.
You acknowledge that you have a duty to and are solely liable for providing all information required by the laws of Kenya which is the final destination of your package and the laws and regulations of any country of origin and that you are responsible for maintaining all records required under all applicable customs or other government agency laws. Zitto assumes no responsibility to act as a record keeper or record keeping agent for you.
The user shall be responsible for knowing the country’s import restrictions. The company will not be responsible if your shipment is detained or retuned due to import restrictions imposed in Kenya.
For more information on prohibited and restricted imports, please refer to the second and third schedule of the East Africa Community Customs Management Act, 2004.
The company’s responsibility for shipped packages shall not exceed the amount of handling fees (excluding actual shipping fees).
You agree to indemnify, hold harmless and defend Zitto from and against all claims, demands, actions, suit, damages and liabilities, losses, settlement, judgements, costs and expenses including but not limited to lawyers fees and costs whether or not involving a third party claim which arise from delivery of your package/ mail through Zitto.
Zitto will not be responsible for any damage arising from an error or omission caused by you for providing false or inaccurate information or for failing to provide all necessary information.
Each party represents and warrants that it has the legal capacity to enter into this agreement.
Zitto represents and warrants that it will provide the services in a manner consistent with industry standards reasonably applicable to the provisions thereof. The company however does not warrant that the use of the service will be error- free or uninterrupted.
Zitto warrants and guarantee that it shall deliver the packages safely and in good conditions within the provided timelines.
Zitto will not be liable to you for any delay, breach or failure to perform its obligations under these Terms and Conditions or any loss, costs or expenses the user may incur which are caused or contributed to by an event beyond our reasonable control, for example Acts of God, fire, floods, natural catastrophe, failure or delay of supplies, inability to obtain goods or services necessary to perform the services, civil disturbances, insurrections, riots, wars (declared or undeclared), acts of terrorism, strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general.
A registered user to the Website shall;
We may notify, suspend or terminate temporarily or permanently the account of any user at any time and take appropriate legal action if;
All provisions of the terms which by their nature should survive termination shall survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Zitto may in its sole discretion, for any reason or no reason and at any time alter and/or discontinue providing its services, with or without notice. The company will not be liable for any damage or loss caused by such an alteration/ termination of our service. You are under no obligation to use the Zitto service and may simply choose to stop using it at any time.
By agreeing to these terms, you agree that should any dispute arise between you and Zitto with regard to the interpretation, rights, obligation and/ or implementation of any one or more of the provisions of these agreement. The parties shall in the first instance attempt to resolve such dispute by amicable negotiations.
Should such negotiation fail to achieve a resolution within fifteen (15) days, either party may declare a dispute by written notification to the other whereupon such dispute shall be referred to arbitration under the following terms;
Each of the parties waives any immunity in respect of their obligations under this agreement that may be acquired from the jurisdiction of any court or any legal or arbitral process for any reason including, but not limited to the service of notice, attachment prior to judgement or attachment in aid of execution.
The User shall not assign this agreement without the prior written approval of the company but we may assign without the user’s consent to
These terms shall be governed and construed in accordance with the laws of Kenya.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If any of these terms is held to be invalid or unenforceable by a court of law, the remaining provisions of these terms will remain in effect.
These terms and conditions constitute the entire understanding between you and Zitto with respect to its object, replacing any and all instruments, agreements, letters and / or contracts, oral or written agreements between the parties with respect to the subject matter described herein prior to the date of your registration as a user.
Nothing in the terms and conditions will constitute a partnership, franchise relationship or contract of employment between the parties. We will do our best to resolve any disputes over this agreement. If you wish to take court proceedings against us you must do so in the Republic of Kenya.