Welcome to AplicoHill.com. Aplico Hill Ltd and/or its affiliates (“Aplico Hill”) provide website features and other products and services to you when you visit or shop at AplicoHill.com, use Aplico Hill products or services in connection with any of the foregoing (collectively, “Aplico Hill Services”). Aplico Hill provides the Aplico Hill Services subject to the following conditions.
By using Aplico Hill Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Aplico Hill Services, and sometimes additional terms may apply. When you use an Aplico Hill Service (for example, Your Profile, Gift Cards) you also will be subject to the guidelines, terms and agreements applicable to that Aplico Hill Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Aplico Hill Services, to understand our practices.
When you use Aplico Hill Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Aplico Hill Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Aplico Hill Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Aplico Hill or its content suppliers and protected by the Republic of Kenya and international copyright laws. The compilation of all content included in or made available through any Aplico Hill Service is the exclusive property of Aplico Hill and protected by the Republic of Kenya and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Aplico Hill Service are trademarks or trade dress of Aplico Hill in the Republic of Kenya and other countries. Aplico Hill’s trademarks and trade dress may not be used in connection with any product or service that is not Aplico Hill’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Aplico Hill. All other trademarks not owned by Aplico Hill that appear in any Aplico Hill Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Aplico Hill.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Aplico Hill or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Aplico Hill Services. This license does not include any resale or commercial use of any Aplico Hill Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Aplico Hill Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Aplico Hill or its licensors, suppliers, publishers, or other content providers. No Aplico Hill Service, nor any part of any Aplico Hill Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Aplico Hill. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Aplico Hill without express written consent. You may not use any meta tags or any other “hidden text” utilizing Aplico Hill’s name or trademarks without the express written consent of Aplico Hill. You may not misuse the Aplico Hill Services. You may use the Aplico Hill Services only as permitted by law. The licenses granted by Aplico Hill terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Aplico Hill account to use certain Aplico Hill Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Aplico Hill does not sell products for children, it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Aplico Hill Services only with involvement of a parent or guardian. Aplico Hill reserves the right to refuse service, terminate accounts, terminate your rights to use Aplico Hill Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Aplico Hill reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Aplico Hill a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Aplico Hill and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Aplico Hill for all claims resulting from content you supply. Aplico Hill has the right but not the obligation to monitor and edit or remove any activity or content. Aplico Hill takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Aplico Hill respects the intellectual property of others.
RISK OF LOSS
All purchases of physical items from Aplico Hill are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Aplico Hill does not take title to returned items until the item arrives at our center. At our discretion, a refund may be issued without requiring a return. In this situation, Aplico Hill does not take title to the refunded item.
Aplico Hill attempts to be as accurate as possible. However, Aplico Hill does not warrant that product descriptions or other content of any Aplico Hill Service is accurate, complete, reliable, current, or error-free. If a product offered by Aplico Hill itself is not as described, your sole remedy is to return it in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Aplico Hill and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Aplico Hill.
With respect to items sold by Aplico Hill, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Aplico Hill is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any Aplico Hill Service if you are the subject of the Republic of Kenya sanctions or of sanctions consistent with the Republic of Kenya law imposed by the governments of the country where you are using Aplico Hill Services. You must comply with all the Republic of Kenya other export and re-export restrictions that may apply to goods, technology, and services.
Parties other than Aplico Hill operate stores, provide services or software, or sell product lines through the Aplico Hill Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Aplico Hill. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Aplico Hill does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE APLICO HILL SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APLICOHILL SERVICES ARE PROVIDED BY APLICO HILL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. APLICOHILL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APLICO HILL SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APLICO HILL SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APLICO HILL SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, APLICO HILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APLICO HILL DOES NOT WARRANT THAT THE APLICO HILL SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APLICO HILL SERVICES, APLICO HILL’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM APLICO HILL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, APLICO HILL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY APLICO HILL SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY APLICO HILL SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Aplico Hill Service, or to any products or services sold or distributed by Aplico Hill or through AplicoHill.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Aplico Hill Service, you agree that the laws of the Republic of Kenya, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Aplico Hill.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Aplico Hill Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Aplico Hill Ltd.
phone: (254) 720-822226
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
Aplico Hill accepts service of subpoenas or other legal process only through Aplico Hill Ltd. Subpoenas or other legal process may be served by contacting us:
Aplico Hill Ltd.
phone: (254) 720-822226
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Aplico Hill devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please contact us.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
Aplico Hill Ltd.
phone: (254) 720-822226