Terms and Conditions

INTRODUCTION

Welcome to the ǑZHEA website. The terms and conditions set out here govern our relationship with you and apply to your use of our website. By using our website, you agree to be bound by the legally binding terms and conditions set out below. If you do not wish or agree to be legally bound by them then please do not access or use the ǑZHEA website.

You should print a copy of these Terms & Conditions for your future reference. We reserve the right to change these Terms & Conditions at any time and changes will be posted online on our website. Your continued use of the website after any such changes are posted shall signify your agreement to and acceptance of any such changes.

When you register as a user of our website you are warranting to us as follows;

1. That all personal information provided by you is true, accurate and complete in all respects and that it is up to date; and
2. You will immediately notify us of any changes to such personal information previously provided; and
3. You will not misrepresent yourself as anyone else or utilize the name of any third party or parties that you are not authorized to use. Similarly, you will not use any credit or debit card or cards or any other means of payment that does not belong to you or that you are not authorized to use.

We provide you and other customers with access to our website strictly in accordance with these Terms & Conditions and any order placed by you is deemed to be placed strictly in accordance with these Terms & Conditions. We may at any time vary, modify, suspend ( either temporarily or permanently) any part or all of the website without notice and you agree and confirm that we shall not have any liability to you or any third party or parties as a result of such variation, modification and /or suspension of the website.

If you at any time have any questions relating to our Terms & Conditions, then please call or email us: +254 794 933 441, +254 712 156 653, info@ozhea.com

CUSTOMER SERVICE

This document is an electronic record in terms of the Kenya Information and Communications Act, 1998 (as amended) and any applicable rules made thereunder, the Kenya Data Protection Act, 2019, the Kenya Electronic Transactions Act, and other relevant statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the ozhea.com website (www.ozhea.com ) (hereinafter referred to as "ozhea.com") and its services and tools are governed by the following terms and conditions as applicable to ozhea.com. If you transact on ozhea.com, you shall be subject to the policies that apply to such transactions on the website. By merely using the website, you are contracting with ǑZHEA FASHION CENTER, a business registered in the Republic of Kenya under the Registration of Business Names Act, with its registered office in Nairobi, Kenya, and these Terms and Conditions constitute your binding obligations.

For the purposes of these Terms of Use, wherever the context so requires, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering as a Registered User using the computer systems of ozhea.com.

When you use any of the services provided by ozhea.com, including but not limited to Customer Reviews, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services. These shall be deemed to be incorporated into this Terms of Use and shall be considered an integral part of it. ǑZHEA FASHION CENTER reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes signifies that you accept and agree to such changes.

In compliance with the Kenya Data Protection Act, 2019, OZHEA Fashion Center is committed to protecting your personal data and will only collect, process, store, and use such information in accordance with the law, ensuring that your privacy rights are respected at all times.

As long as you comply with these Terms of Use, ozhea.com grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

MEMBERSHIP ELIGIBILITY

Use of the ozhea.com website is available only to persons who can form legally binding contracts under the laws of the Republic of Kenya, including but not limited to the Law of Contract Act (Cap. 23) and other applicable statutes.

If you are a minor, i.e., under the age of 18 years, you shall not register as a member of ozhea.com and shall not transact or use the ozhea.com website. If you are under 18 years of age and wish to use or transact on ozhea.com, such use or transaction may only be made by your legal guardian or parent who has registered as a user of ozhea.com.

ozhea.com reserves the right to terminate your membership and refuse to provide you with access to ozhea.com if it is brought to the attention of OZHEA FASHION CENTER, or discovered through reasonable verification, that you are under the age of 18 years or otherwise legally ineligible to contract under Kenyan law.

In accordance with the Kenya Data Protection Act, 2019, OZHEA FASHION CENTER will not knowingly collect, store, or process personal information from minors without the verified consent of their parent or legal guardian.

YOUR ACCOUNT AND REGISTRATION OBLIGATIONS

If you use ozhea.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current, or incomplete, and OZHEA FASHION CENTER has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or otherwise not in accordance with these Terms of Use, OZHEA FASHION CENTER reserves the right to indefinitely suspend, terminate, or block access to your membership and refuse to provide you with access to the Website.

COMMUNICATIONS

When you use the Website or send emails, messages, or other forms of data or information to ozhea.com, you agree and understand that you are communicating with OZHEA FASHION CENTER through electronic records. You consent to receive communications via electronic means from OZHEA FASHION CENTER periodically, and as and when required. OZHEA FASHION CENTER may communicate with you by email, SMS, or by such other electronic or physical mode of communication as it deems appropriate, in compliance with the Kenya Information and Communications Act, 1998 and the Kenya Data Protection Act, 2019.

CHARGES

Membership on ozhea.com is currently free, and OZHEA FASHION CENTER does not charge any fee for browsing or buying on ozhea.com. However, OZHEA FASHION CENTER reserves the right to charge fees and change its policies from time to time. In particular, OZHEA FASHION CENTER may, at its sole discretion, introduce new services and modify some or all of the existing services offered on ozhea.com. In such cases, OZHEA FASHION CENTER reserves the right, without prior notice to you, to introduce fees for new services or amend/introduce fees for existing services.

Unless otherwise stated, all fees shall be quoted in Kenya Shillings (KES). You shall be solely responsible for ensuring compliance with all applicable Kenyan laws when making payments to OZHEA FASHION CENTER.

USE OF OZHEA.COM WEBSITE (WWW.OZHEA.COM)

You agree, undertake and confirm that your use of ozhea.com shall be strictly governed by the following binding principles, in compliance with the Laws of Kenya, including but not limited to the Penal Code (Cap. 63), the Computer Misuse and Cybercrimes Act, 2018, the Kenya Data Protection Act, 2019, and any other applicable laws:

1. Prohibited Content and Conduct

You shall not host, display, upload, modify, publish, transmit, update, or share any information, material, or content that:

1. Belongs to another person without lawful authority to use it.
2. Is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, discriminatory (including racial or ethnic bias), disparaging, related to or encouraging money laundering, gambling, terrorism, or otherwise unlawful in any manner; or is misleading in any way.
3. Promotes or depicts sexually explicit content, exploitation of children, racism, bigotry, hatred, or physical harm against any person or group.
4. Harasses, bullies, or advocates harassment of another person.
5. Involves unsolicited communications, "spam," chain letters, or pyramid schemes.
6. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or otherwise prohibited by law.
7. Infringes any third party's rights, including intellectual property rights, rights of privacy, or publicity.
8. Promotes piracy, including unauthorized copies of copyrighted material, pirated software, music, or digital content.
9. Contains hidden pages, restricted access content, or malicious code.
10. Exploits individuals in a sexual, violent, or otherwise inappropriate manner, or solicits personal information from anyone without consent.
11. Provides instructions for illegal activities (e.g., creating weapons, hacking, violating privacy, or making viruses).
12. Contains any image, video, or recording of another person without lawful consent.
13. Attempts to gain unauthorized access to ozhea.com, its networks, or user accounts, or solicits login credentials for unlawful purposes.
14. Engages in commercial activities without prior written consent from ǑZHEA FASHION CENTER (e.g., contests, advertising, barter, or unauthorized sales).
15. Solicits or promotes gambling in any form prohibited under Kenyan law.
16. Interferes with another user's lawful use of ozhea.com.
17. Links to websites that contain prohibited or harmful content.
18. Infringes patents, trademarks, copyrights, trade secrets, or other proprietary rights.
19. Violates any law in force in the Republic of Kenya.
20. Misleads or deceives users about the origin of content.
21. Impersonates another person or misrepresents your identity.
22. Contains malware, viruses, worms, Trojan horses, or other harmful code.
23. Threatens the unity, security, or public order of Kenya, or incites violence or discrimination.
24. Offers or trades prohibited or restricted items under Kenyan law.
25. Creates any liability or causes loss to OZHEA FASHION CENTER, its partners, or service providers.

2. Website Security and Access Restrictions

You shall not:

• Use automated tools ("robots," "spiders," scraping tools) to access or copy content from ozhea.com.
• Attempt to hack, probe, scan, or test the vulnerability of ozhea.com or its networks.
• Bypass authentication or security measures.
• Overload the website infrastructure with excessive traffic or data requests.
• Forge headers or manipulate identifiers to disguise message origins.

3. User-Generated Content and Licensing

By posting or submitting content on ozhea.com, you grant OZHEA FASHION CENTER a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, adapt, and distribute such content in accordance with the ozhea.com Privacy Policy. You confirm that you have all legal rights to the content you provide.

4. Monitoring, Removal, and Disclosure

OZHEA FASHION CENTER reserves the right (but is not obligated) to monitor all content posted on ozhea.com and remove any material that violates these Terms of Use or applicable law.

We may disclose your information to law enforcement, regulators, or courts where required by law or in connection with investigations into suspected criminal activity, in accordance with the Kenya Data Protection Act, 2019.

5. Third-Party Dealings and Advertisements

Your correspondence or dealings with third-party advertisers found on ozhea.com are solely between you and the advertiser. OZHEA FASHION CENTER is not responsible for any losses or disputes arising from such dealings.

6. User Safety Notice

While OZHEA FASHION CENTER strives to maintain a safe online environment, you acknowledge that:

• Other users may post harmful or offensive content.
• You may be exposed to inappropriate material.
• Publicly sharing personal information may lead to unwanted contact.

You are advised to exercise caution in your online interactions.

7. Cybersecurity Offences

Any participation in cyberattacks, including but not limited to DoS/DDoS attacks, will result in immediate termination of your access, reporting to law enforcement, and legal action under the Computer Misuse and Cybercrimes Act, 2018.

CONTENTS POSTED ON SITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on ozhea.com is owned, controlled or licensed by or to ǑZHEA FASHION CENTER, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws of the Republic of Kenya.

While we make every effort to display our products as accurately as possible, the colours and appearance of products on our website may differ from the actual products due to lighting during photography or variations in monitor settings. We cannot guarantee that your device display will accurately reflect the true colours of the product. By making a purchase, you acknowledge and accept that there may be minor differences between the product images displayed on our website and the actual products received.

Except as expressly provided in these Terms of Use, no part of ozhea.com and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website, or other medium for publication or distribution for any commercial enterprise without ǑZHEA FASHION CENTER's express prior written consent.

You may use information on ozhea.com products and services purposely made available for downloading from the site, provided that you:

1. Do not remove any proprietary notice language in all copies of such documents;
2. Use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media;
3. Make no modifications to any such information; and
4. Do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials posted or transmitted to the site ("User Content"). Such User Content will become the property of ǑZHEA FASHION CENTER, headquartered in Nairobi, Kenya, and you grant ǑZHEA FASHION CENTER worldwide, perpetual, and transferable rights to use such User Content in accordance with our Privacy Policy, including for promotional and advertising purposes in any media, whether now known or hereafter devised. You are not entitled to any payment or compensation for such use.