Last Updated: March 22, 2022
- These Terms apply to the Dial a Coke websites, mobile apps, and online services that link back to them.
- These are free services; we’re not promising they’re perfect, use them as-is.
- Follow the law and respect other users.
- Any dispute must be filed in arbitration, in Kenya (unless a small claims court can hear it).
- No judge and no class actions.
- If you submit information or a creation, we own it.
- That includes submissions made on our social media pages or partner pages.
- Purchases will be governed by our Terms of Sale – please read them carefully.
- E-mail us at [insert link to Contact us on the Website].
- Call at [insert customer care number].
Creating an Account. To use certain portions of the Sites, you may be required to create an account (“Account”) and create a password. To create an Account, you must have a unique, valid email address. Accounts cannot be shared. Your user name and password are for your personal use only and should be kept confidential.
Prohibition on Multiple Accounts. Each individual can have only one (1) Account. If you attempt to exceed this limit in any way, we reserve the right, in our sole discretion, to lock, disable, block or delete your Account(s).
Security We maintain safeguards intended to protect the integrity and security of the Sites. However, we cannot guarantee that the Sites will be secure, complete or correct, or that access to the Sites will remain uninterrupted.
Usernames and Passwords. You are responsible for any use or misuse of your username or password. Please promptly notify us of any confidentiality breach or unauthorized use of your username, password, or your Sites Account.
Third Party Web Sites; Links The Sites may contain advertisements and/or links to other web sites and online services. We have no control over such third parties. We do not endorse their products and services. We are not responsible for the availability, accuracy, or security of such sites.
RULES OF CONDUCT
Follow the Law. While using the Site, you are required to comply with these Terms and all applicable laws, rules and regulations.
Respect Others. We also expect users of the Sites to respect the rights and dignity of others. Do not use the Sites to harass, stalk, threaten or otherwise violate the legal rights of others. Do not impersonate anyone. Do not disrupt the operation of the Sites. We reserve the right in our sole discretion to restrict or terminate accounts that do not comports with these Rules of Conduct and to remove any materials that violate these Terms or which we find objectionable.
Indemnity You agree to defend, indemnify and hold harmless us, and our directors, officers, employees, agents, Affiliates, authorized bottlers and distributors, shareholders, licensors, and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Sites, and (b) any violation of these Terms by you or through your account.
Termination. We may terminate your access to the Sites at our sole discretion, at any time, and without prior notice. We may immediately deactivate or delete all related information and files.
DISCLAIMER AND LIMITATION OF LIABILITY
Disclaimer. THE SITES AND ALL OF ITS TEXT, IMAGES, AND SOFTWARE AND ALL SERVICES, PRODUCTS OR MATERIALS (INCLUDING, WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES (COLLECTIVELY, “CONTENTS”) ARE PROVIDED 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 SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE THROUGH OR IN CONNECTION WITH THE SITES.
Limitation of Liability We recognize that some laws provide consumers specific rights and remedies and prohibit waiver of the same. Except with respect to such laws, you waive all damages under any cause of action other than actual damage for out-of-pocket loss. For example, except with respect to such laws, you waive nominal damages, liquidated damages, statutory damages, consequential damages, presumed damages, as well as the imposition of costs and attorney’s fees.
CONFIDENTIALITY OF COMMUNICATIONS
Additional Communications.Any other information you submit on or through the Sites will be treated as non-confidential and non-proprietary. This includes all information you submit directly or indirectly (for example, through the use on a third-party social media site using a hashtag we promote).
The Sites and their Contents, including all trademarks, service marks, and graphical elements, are our sole property unless otherwise expressly noted and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. The Sites and their Contents may also contain various third-party names, trademarks, and service marks that are the property of their respective owners. Subject to these Terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the Sites solely for your own personal, non-commercial purposes and solely in accordance with these Terms.
This license is terminable at any time, and does not grant you any additional rights with respect to the Sites or its Contents. The Coca-Cola Company reserves all other rights. You may not modify, alter or change any Content, or distribute, publish, transmit, reuse, re-post, reverse engineer, or disassemble the Content or any portion thereof for public or commercial purposes, including, without limitation, the text, images, audio and video. Your use of any Content, except as provided in these Terms, without our written permission of is strictly prohibited.
TERMS OF SALE
Whenever you buy a product on this Site, you are purchasing from the local Coca-Cola bottler, Nairobi Bottlers Limited, Embakasi, North Airport Road, Nairobi, Kenya (the Bottler). You will look solely to the Bottler with respect to any disputes, claims, and causes of action arising out of or connected with your purchase of a product through this Site.
General Requirements. By placing an order, you represent and warrant that:
You are at least 18 years of age.
If you are an individual consumer, the product is being ordered solely for your personal use, and you will not market, resell or otherwise distribute the product to any third party for commercial purposes.
If you are a business, the product is being ordered on the Sites solely to promote your own products or services by distributing the product to your customers and others at no cost to the recipient as business gifts or advertising items. You will not resell the product.
Product Descriptions. We use our reasonable endeavors to make sure that every product on the Sites is shown accurately and that prices are correct. However, occasionally there may be small variations in color, typefaces and layout.
Placing Your Order. When you place an order (by choosing your product, personalizing if applicable and completing the online checkout process), we will send you an order acknowledgement by email. This will detail the products you have ordered. Please note that your completion of the online checkout process does not constitute our acceptance of your order. Our acceptance of your order only takes place when we ship it. A ‘purchase contract’ between you and the Bottler is therefore made at the point of shipment, rather than at the point of payment. If you have cancelled your order, or if we notify you that we cannot accept your order, then no purchase contract will have been made. From time to time, we may not be able to accept an order for the following reasons: (a) Where we cannot obtain authorization for your payment; and (b) If you do not meet any eligibility criteria set out in these Terms of Sale. We reserve the right to cancel your order at any time and issue a full refund.
Ordering multiple products. Orders containing multiple items may be shipped separately.
Payment. You can pay for your goods using M-PESA. M-PESA is a third-party payment service, and we do not accept any liability or responsibility for the efficiency or lack thereof regarding this service.
Shipping. Shipping charges, if applicable, will be added to your order during the checkout process. From time to time, we may offer free shipping promotions, the terms of which will be advertised on the Sites and are subject to change without prior notice. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which are not received.
Circumstances Beyond Our Control. Neither we, nor any courier or carrier service that we use, shall be liable for any failure to perform, where such failure or delay results from any circumstances outside our reasonable control; these circumstances to include but not be limited to any adverse weather conditions, such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, acts of governmental authorities, pandemic, riot, terrorism, act of God, or from any industrial dispute or strike.
Changing or Canceling an Order. We can assist with making changes to order quantities or shipping addresses until 5 PM EAT on the day the order was placed. Please contact our Customer Service Team at [insert customer phone number], who will be happy to assist.
Returns and Refunds. As our goods are consumable, we generally do not accept returns or refunds. Where an item is faulty, if you are eligible for a refund, we will reimburse the price you have paid for the product or products onto the credit or debit card with which you paid. Alternatively, we may offer a coupon or voucher (if applicable) or replace the item free of charge. Refunds cannot be given if the fault is a result of your own actions such as product misuse or if personalization is misspelled. We reserve the right to refuse a refund request. You can request a refund by using our Contact Us form. If you created an account, you can also request a refund online in your order history. Abuse or misuse of the refund policy may result in the refusal of future refunds.
Reporting a Problem.If for any reason you are not happy with your order, please contact our Customer Service Team by calling [insert customer care number] or using our Contact Us form. You will need to quote your order number, and the details of the problem with the order. We aim to acknowledge any complaint within 1 working day and will do our best to resolve it within 28 days.
DISPUTE RESOLUTION TERMS (PLEASE READ CAREFULLY)
Choice of Arbitrator and Rules. Any disputes, claims, and causes of action arising out of or connected with your use of the Sites (each, a “Dispute”) , including without limitation a purchase through the Sites, must be submitted exclusively to the Chartered Institute of Arbitrators – Kenyan Chapter.
Mandatory (Individual) Arbitration. You agree that any Dispute between us shall be resolved exclusively in individual (non-class) arbitration. The parties intend to be bound to the Arbitration Act, Act No. 5 of the Laws of Kenya. An arbitration means there will be no court proceedings.
Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute, applying these Terms. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration. The arbitrator shall not have the power to hear any Dispute as a class action, mass action, or representative action. The arbitrator shall not have any power to issue relief to anyone but You or us.
Exception to Arbitration (Small Claims Court). Disputes that can be fully resolved in small claims court need not be submitted to arbitration.
Choice of Venue (Kenya). You agree that any Disputes shall be heard exclusively in Nairobi, Kenya unless otherwise agreed to by the Parties or determined by the arbitrator. You consent to jurisdiction in Kenya for all purposes.
Class Action Waiver. You agree that any Dispute between us shall be resolved in an individual action. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute.
Remedies Available in Arbitration. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except injunctive relief.
Injunctive Relief. The arbitrator may not issue any injunction. If either party in a Dispute seeks injunctive relief, the arbitrator will complete arbitration of the Dispute, issue an award of monetary compensation (if any), and then the party seeking injunctive relief may file an action in the High Court of Kenya, solely for injunctive relief. The findings of fact and conclusions of law of the arbitrator shall not be submitted as evidence or constitute precedent in this subsequent suit.
Notices. Notices to you may be made via posting to the Site, by email, orby regular mail, in our sole discretion. Notices to us should be made using the contact information below.
Evidence.You agree that a printed version of these Terms and of any notice given in electronic form, including by posting to the Site, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms.
Force Majeure. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our control.
Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail through our Contact Us page.
Changes to the Sites. We may modify or discontinue the Sites and its Contents at any time, in our sole discretion.
Changes to the Terms. We may change these Terms or the Policies on this Site at any time. We will provide reasonable notice, including by posting a revised version of these Terms through the Sites.