Terms & Conditions
This Fractional Warehouse website (“Site”) is made available to you, the user, member or customer subject to the terms and conditions set out below (“Terms”)
1. WHO ARE WE?
The Site is operated by Fractional Warehouse Ltd (Company Number PVT-AJUMERJ) a company registered in the Republic of Kenya with its registered office being 1st Floor, Tower 1, The Mirage, Waiyaki Way, Nairobi, Kenya. Fractional Warehouse and the Terms apply to all other related companies and businesses which form part of the Fractional Warehouse. References to “we” “us” and “our” in these Terms refer to the above entities.
2. CONTENT ON THIS SITE
Your use of this Site and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on this Site is either owned by us (or third parties who license such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission. The names ‘Fractional Warehouse’, and any other business names and logos displayed on this Site may be trademarks belonging to us or other companies in Fractional Warehouse (“Trade Marks”).
To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilise any part of this Site or Content, for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation with Fractional Warehouse without our prior written permission (at our sole discretion).
3. LINKS TO OTHER WEBSITES
This Site may link to third party websites from time to time. These links are provided for your convenience only. We do not control third-party websites and are not responsible for their content or how they operate. Where this Site includes any links to third party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third-party websites or any purchase you make through them.
4. YOUR USE OF THIS SITE
You must only use this Site for legal purposes in accordance with these Terms and are prohibited from using our Site to engage in any fraudulent activity or in a manner that (in our reasonable opinion) is liable to damage our business or harm, other users. Your use of our Site is subject to our membership rules and other policies or guidelines that we may communicate to you from time to time.
ou also undertake that any personal data and other information you may provide to us when registering or signing up to any services on this Site is complete, accurate and up to date. In relation to any material you submit to us or post on this Site, you undertake to us that either you own this material or have the necessary rights, clearances and or approvals you need to submit or post such material.
You agree to compensate us in relation to any third party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 4.
5. OUR LIABILITY
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
Subject the above paragraph we do not accept any liability for damage to any computer or device that you use to access this Site or in relation to any loss of data when you use this Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up to date virus or malware protection on your computer or device.
While we will correct any errors on this Site that come to our attention as soon as we reasonably can, we do not undertake or warrant that this Site or the Content will be completely free from bugs or errors or that this Site will be available on an uninterrupted basis. You accept that access to this Site (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.
We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Site or its Content, including, without limitation, any decision you take on the basis of information provided through this Site, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. Except as set out above, we will not be liable for (1) any indirect, consequential or special loss or damage; or (2) any lost revenue, profits or other economic loss (whether direct or indirect), however arising from your use of this Site.
6. PRIVACY & SECURITY
We take the collection, usage and security of your personal data seriously.
Fractional Warehouse receives and processes certain types of personal data about its customers. This allows us to provide our services to our customers.
7. CHANGES TO THESE TERMS
We may amend these Terms at any time, for example, where we add new services or features or where there is a change in applicable law. All such changes will take effect once these Terms have been updated and you will be assumed to have accepted any such changes if you continue to use the Site after the latest update.
8. PURCHASE OF PRODUCTS OR SERVICES
If you elect to purchase any products or services which we offer to you through this Site, (or any affiliated website of the Fractional Warehouse) this may be subject to new and/or additional terms and conditions which will be notified to you at the time.
9. INVALIDITY & WAIVER
If any of these Terms are found by a court or a regulator, to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
10. GOVERNING LAW
In the event of any dispute between you and us concerning these Terms, the laws of The Republic of Kenya will apply. If you wish to take court proceedings against us, you should do so within The Republic of Kenya, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language, and such requirement cannot lawfully be excluded under these Terms, in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.