DialACoke.com Terms of Service
Terms and Conditions of use
Welcome to DialaCoke.com (the/this "Site" or “Website” or “App” or “Service”)
These Terms and Conditions ("Terms and Conditions") apply to this Site, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.
By accessing this Site, you confirm your understanding of these Terms and Conditions.
If you do not agree to these Terms and Conditions, you agree to refrain from using this Site.
We reserve the right to supplement and amend these Terms and Conditions, without notice to you, which revised Terms and Conditions shall be updated on this Site.
You are responsible for ensuring that you receive and review the amended and updated Terms and Conditions made available on this Site.
Changes to these Terms and Conditions shall be effective when uploaded on the Site.
Your continued use of this Site constitutes your acceptance of the revised Terms and Conditions.
Kindly review the Terms and Conditions listed below diligently prior to using this Site as your use of this Site indicates your agreement to be wholly bound by its Terms and Conditions without modification.
You agree that if you are unsure about the meaning of any term and/or condition stipulated herein and/or do not understand same, that you will contact us for clarification prior to proceeding to use this Site.
These Terms and Conditions fully govern the use of this Site. No extrinsic evidence, whether oral or written, will be incorporated.
- “Site” means this Website DialaCoke.com
- “Consumer” means the person (natural or juristic) accessing and using this Website/Site, and “you” is referred to as the Consumer.
- “Terms and Conditions” means these terms and conditions.
- “We/us” means the owner of this Site, being The Coca-Cola Company and its affiliates.
- Headings are used for convenience only and shall not be used in interpreting these Terms and Conditions.
- One gender includes all genders.
- Words indicating the singular shall also include the plural and vice versa as the context requires.
- The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it.
4 Trading Details
Whenever you buy a product through this Site, you will be contracting with Nairobi Bottlers Limited, a limited liability company incorporated in the Republic of Kenya, with its principal address Airport North Road, Embakasi P.O. Box 18034 00500 Nairobi, Kenya.
5 Use of the Site
5.1 Age requirement to use the Site
No persons are permitted to use this Site unless they are 18 years or older, or if younger than 18 accesses this Site under the supervision of a parent or legal guardian.
By accessing this Site, you agree that you are in compliance with the age requirements.
5.2 Application of these terms and conditions
This website may only be used in accordance with these Terms and Conditions.
By accessing and using this Site, you agree to these Terms and Conditions.
If you do not agree to these Terms and Conditions, you agree to refrain from using this Site.
5.3 Licence to use this Site
You are hereby granted a non-transferable, revocable and non-exclusive license to use this Site, in accordance with the Terms and Conditions of Use, for the purpose of:
- shopping for items sold on the Site;
· gathering information regarding our products and services and making purchases.
Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance and in writing.
The following actions without limitation are strictly prohibited: -
· accessing our servers or internal computer systems;
· interfering in any way whatsoever directly or indirectly with the functionality of this website;
- gathering or altering any software codes;
- infringing any intellectual property rights.
Should you be in breach of any of these Terms and Conditions, as may be determined at our sole discretion, we have the right to revoke the licence granted to you as stipulated herein and to deny you access to this Site and its contents, without any liability to you and without prejudice to any such rights and remedies we have at law or otherwise.
5.5 Provision of accurate information
Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
5.6 Save keeping of passwords
Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure.
The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account.
We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
5.7 Consent to promotion content
During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.
6 General Requirements and Warranties
By placing an order, you represent and warrant that:
- the information you have provided is current, accurate, truthful and complete;
- you have full power, authority and capacity to execute and deliver each transaction and any other documentation relating thereto, and to perform your obligations specified herein and have taken all necessary action to authorize such execution, delivery and performance;
- you shall be fully and directly responsible to us for all of the liabilities and obligations incurred by us in these Terms and Conditions;
- any execution, delivery and performance of a transaction shall not violate or conflict with any law applicable to you, your constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance;
- all governmental, regulatory and other consents that are required to have been obtained by you in relation hereto have been so obtained and are in full force and effect and all conditions of any such consents have been complied with;
- You shall comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction or regulatory authority which apply in respect of us or you from time to time;
- You shall promptly give (or procure to be given) to us such information and assistance as we may reasonably require from you to enable us to perform in terms hereof;
- You have been and are compliant with all tax and reporting obligations relating to these Terms and Conditions; and
- If you are a corporate entity, no order has been made or resolution passed, or petition presented for your winding up or for a provisional liquidator to be appointed in respect of you and no meeting has been convened for the purpose of your winding-up and no receiver has been appointed in respect of you or of all or any of your assets.
7 Our Products
The images of the products on this Site are for illustrative purposes only.
Although we have made every effort to have the products displayed accurately (including the colour, typefaces and layout), we do not guarantee that the actual product looks exactly as displayed.
We disclaim all representations and warranties that the content or information on this Website is accurate, complete, and/or up to date.
8 User Submissions and Communications
Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and we shall not be obligated to return same to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content.
You shall not use a false e-mail address or phone number, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or transactions. We have the right, but are not obligated to, remove or edit any Submissions made by you.
By completing an order or signing up, you agree to receive
messages associated with finalizing your order, which may contain offers from third parties, and
- messages asking you to review your purchase and
- promotional emails, SMS and push notifications.
You may unsubscribe from promotional messages via a link provided in each message.
If you would like us to remove your personal information from our database, unsubscribe from emails and/or SMS, please message or contact Customer Service at DialaCoke.com or dial +254 727 093 444 or email firstname.lastname@example.org
Any communications sent to us shall be received upon actual receipt by us.
All communications from us to you shall be sent to the mobile number or email address provided by you as registered on your account.
Telephonic conversations with you may be recorded without the use of a warning tone and may be used as evidence in a dispute.
All communications between us shall be in English.
9 Information Available on Website
You accept that the information contained in this website is provided as is and is intended for information purposes only and that it is subject to change without notice.
Although we take reasonable steps to ensure the accuracy of information and we believe the information to be reliable when posted, it should not be relied upon and it does not in any way constitute either a representation or a warranty or a guarantee of any nature whatsoever.
Submissions or opinions expressed on this Site by individuals does not reflect our opinion.
We make no representations as to the merchantability of any products listed on our Site, and we hereby disclaim all warranties, whether express or implied, as to the merchantability and/or fitness of the products listed on our website for any particular purpose.
We shall not be held responsible or made liable for any damages or injury which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our Site.
We understand that certain state laws do not allow limitations on implied warranties or limitation of certain damages, these disclaimers may therefore not apply where these laws are applicable.
10 Links and Thirds Party Websites
We may include links to third party websites at any time, however, such links should not be construed as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
Where users access a link to another website, he/she does so at his/her own risk.
We accept no responsibility for any content, including, but not limited to, information, products and services, available on third party websites.
Creating a link to this website is strictly forbidden without our prior written consent. Furthermore, we reserve the right to revoke our consent without notice or justification.
Should you use a third-party website to purchase any of our products, you shall be bound by the terms and conditions of such third party website in addition to our Terms and Conditions relating amongst others to product specifications, delivery, return and refund of products. An example of such a third-party website are Amazon.com.
11 Intellectual Property
All intellectual property rights and database rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain at all times vested in us or our licensors. Use of such material will only be permitted as expressly authorized by us or our licensors.
Any unauthorised use of the material and content of this Website is strictly prohibited and you agree not to, or facilitate any third party to, copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
12 Data Protection
The Coca-Cola Company and its affiliates are committed to protecting your privacy.
The personal information you provide to us will include your contact details.
The Coca-Cola Company and its affiliates will not sell or disclose any personal data to any third party unless required to do so by law.
Where a phone number is requested, you hereby grant us the authority to provide such information to third party suppliers and providers who we may engage to provide services and with the option of opting out of such additional services.
13 Website content and service access
While The Coca-Cola Company tries to maintain the integrity and security of the Website and the servers from which the Website is operated, The Coca-Cola Company does not guarantee that the Website will be or remain secure, complete or correct, or that access to the Website will be uninterrupted.
The Website may include inaccuracies, errors and materials that violate or conflict with these Terms and Conditions.
Additionally, it may be possible for third parties to make unauthorized alterations to the Website.
If you become aware of any unauthorized third-party alteration to the Website, contact us at The Coca-Cola Company, P.O. Box 1734, Atlanta, GA, USA 30301 with a description of the material(s) at issue and the URL or location on the Website where such material(s) appear.
Furthermore, you accept that service interruption may occur in order to allow for Site improvements, scheduled maintenance or may also be due to factors beyond our control.
14 Offer and acceptance
The parties accept that an offer is only made once you have selected the item you intend to purchase, chosen your preferred payment method, proceeded to the checkout and completed the checkout process.
Both parties agree that the acceptance of the offer is not made when the seller contacts you by phone or by email to confirm that the order has been placed online.
Your offer is only accepted when we dispatch the product to you and inform you either by email or by phone of the dispatch of your ordered product.
Before your order is confirmed, you may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.
Please note that that dispatch of orders is not guaranteed and where an order cannot be processed and/or released for dispatch, we reserve the right to refuse or cancel any order placed for any reason whatsoever.
15 Payment and Pricing
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, in which event we reserve the right to refuse or cancel any order.
If an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and payment made.
If we are unable to provide the services or products, we will inform you of this as soon as possible.
A full refund will be given where you have already paid for the products.
The only payment method we currently accept is MPESA.
16 Use of Voucher Codes
Our Site accepts the use of voucher codes for orders placed online.
The marketing voucher codes which are accepted on our Site entitle you at the time of ordering a product to a saving on the order being placed on our Site.
Vouchers may also be issued to customers in exchange for advance payments made to us via transfer to our bank accounts for products intended to be purchased on the Site.
Our voucher codes may not be exchanged for cash.
Except for vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
17 Order and Delivery
This Site is only for delivery of products to customers within Kenya.
We make every effort to deliver goods within the estimated timescales set out on our Site; however delays are occasionally inevitable due to unforeseen factors.
We shall not be liable for any delay or failure to deliver the products within the estimated timescales where they did not occur due to our fault or negligence.
You shall order and pay for the products using the procedure specified on this Site.
The costs of delivery (if applicable) will be as displayed to you on this Site.
During the order process we will let you know when we will provide the products to you and indicate the estimated delivery times.
We are not responsible for delays outside our control. If the supply of the products is delayed by the courier or an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.
If no one is available at your address or any other address provided by you to take delivery, we will notify you of how to rearrange for delivery.
If, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may terminate the services.
If you do not allow us to access your property to deliver the products (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we will terminate the services.
We may require certain information from you so that we can supply the products to you. If so, we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may terminate the services or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result.
We will not be responsible for supplying the products late or not supplying any part of them caused by you not giving us the information we need within a reasonable time of us asking for it.
18 Title and Risk
You shall take up any risk of any damage and/or loss to a product from the time we deliver the product to the address provided by you or in the event of unsuccessful delivery for reasons attributable to you.
You are responsible for the product from the date we deliver it to you.
You shall own a product only after we have received full payment for it.
19 Returns and Refunds
You may cancel your order and request a refund of your products ordered and paid for any time prior to dispatch by selecting the “cancel my order” option under the “My orders” option on your account.
Should your order have been dispatched and delivered and is defective, you may return the order and request a refund within 48 hours after delivery, in which case you will be required to lodge a return and refund request form on-line.
Any approved refunds will be made within 7 business days.
In the event of termination of the services and/or your account for reasons due to us, we will refund you any payments made in advance.
Where the services and/or your account is terminated for reasons due to you, we will refund you any advance payments made less costs reasonably incurred by us as a result of such termination.
You agree to indemnify and hold us, our affiliates, officers, directors, agents and/or employees, as the case may be, harmless from any claim or demand, including legal fees, related to your breach of these Terms and Conditions and use of this Site.
21 Disclaimer and Limitation of Liability
The Website and any software, services, products or materials (including without limitation third party products and services, and submissions and creations) made available through or in connection with the website are provided by us on an 'as is' basis without any warranties of any kind, whether express, implied or statutory.
You agree that you must evaluate, and that you bear all risks associated with, the use of the website, including without limitation any reliance on the accuracy, completeness or usefulness of any software, services, products or materials (including third party products and services, and submissions and creations) available through or in connection with the website.
The Coca-Cola Company and the affiliated entities disclaim all warranties with respect to the Website and any software, services, products, content and/or materials (including without limitation third party products and services, and submissions and creations) obtained through or in connection with the Website, to the fullest extent permissible under applicable law, including without limitation the warranties of title, merchantability, fitness for a particular purpose and noninfringement.
Neither the Coca-Cola Company nor any affiliated entity will be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind in connection with the Website, the services, or the software, under any contract, negligence, strict liability or other theory, including without limitation damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Website, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses.
In particular, and without limitation, neither The Coca-Cola Company nor any affiliated entity will be liable for damages of any kind resulting from your use of or inability to use the Website or resulting from any content posted on the Website by The Coca-Cola Company or any third party.
Your sole remedy for dissatisfaction with the Website is to stop using the Website.
The sole and exclusive maximum liability to The Coca-Cola Company for all damages, losses and causes of action, whether in contract, tort (including without limitation negligence) or otherwise, shall be the total amount paid by you, if any, to access and use the Website.
22 Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws of Kenya.
Each party hereby agrees to submit to the jurisdiction of the Kenyan courts subject to the dispute resolution procedure hereunder.
23 Dispute Resolution
Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these Terms and Conditions, shall first be referred to the parties for internal resolution within a period of 14 days after referral of the dispute, failing which shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators.
The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party.
The venue of the arbitration shall be Nairobi. The language used in the arbitration proceedings shall be English.
The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995.
Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions for any reason of whatsoever nature.
Upon any termination of this agreement, you shall immediately cease all access to and use of the Site 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 Site in whole or in part.
Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
We nor our affiliated entities shall be liable to you or to any other person/entity as a result of any such suspension or termination.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices in operating the Site, your sole and exclusive remedy is to discontinue using the Site.
If any portion of these terms or conditions is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any other section listed in this document.
26 Miscellaneous Provisions
26.1 No partnership
These Terms and Conditions do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Coca-Cola Company or its affiliates.
26.2 Transfer of rights
You shall not assign or cede your rights and obligations under this agreement without our prior written consent.
We reserve the right to transfer, assign or sub-contract the benefit of the whole or part of any rights or obligations under these Terms and Conditions to any third party.
26.3 Rule of construction
The rule of construction (contra proferentem) that the agreement be interpreted against the party who was responsible for its drafting is hereby excluded.
26.4 Waiver of rights
No waiver or relaxation of any of the provisions or terms of these Terms and Conditions shall operate as an estoppel against us in respect of any of its rights in terms hereof.
No failure by us to enforce any provision of these Terms and Conditions shall constitute a waiver of such provisions or affect in any way our rights to require the performance of such provision at any time in the future, nor shall a waiver of a subsequent breach nullify the effectiveness of the provision itself.
26.5 Survival of clauses
The clauses in these Terms and Conditions dealing with Intellectual Property, Data Protection, Title and Risk, Indemnity, Liability and Dispute Resolution shall survive termination.