Terms and Conditions of Use
Use of the Site
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.
Both parties agree that this website may only be used under these Terms and Conditions of Use. If you do not agree with the Terms and Conditions of Use or do not wish to be bound by them, you agree to refrain from using this website.
We grant you a non-transferable, revocable, and non-exclusive license to use this Site, under the Terms and Conditions of Use, for such things as shopping for hygiene items sold on the site, gathering prior 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. These Terms and Conditions of Use specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of this website, gathering or altering any underlying software code, and infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
Any breach of these Terms and Conditions of Use shall result in the immediate revocation of the license granted in this paragraph without prior notice to you. Should we determine at our sole discretion that you are in breach of any of these conditions, we reserve the right to deny you access to this website and its contents and do so without prejudice to any available remedies at law or otherwise.
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. 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 a password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site 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.
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.
User Submissions
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 shall not be returned 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, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.
By completing an order or signing up, you agree to receive a) emails associated with finalizing your order, which may contain relevant offers from third parties, b) emails asking you to review Rafiki Pest control and your purchase, and c) promotional emails, SMS and push notifications from Rafiki Pest Control. You may unsubscribe from promotional emails via a link provided in each email. If you would like us to remove your personal information from our database, and unsubscribe from emails and/or SMS, please email Customer Service via *protected email*.
Information Available on the Website
You accept that the information contained in this website is provided as-is, where is, 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 the 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.
Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.
We make no representations as to the merchantability of any products listed on our website, 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 that may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure, or defect in the information, content, materials, software or other services included on or otherwise made available through our Website. 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.
Accessibility of Website
We aim to ensure accessibility to the website at all times, however, we make no representation of that nature and reserve the right to terminate the website at any time and without notice. You accept that service interruption may occur to allow for website improvements, or scheduled maintenance or may also be due to outside factors beyond our control.
Links and Thirds Party Websites
We may include links to third-party websites at any time. However, the existence of a link to another website should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
In the event the user follows a link to another website, he or she does so at his or 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.
Intellectual Property
Both parties agree that 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 unauthorized 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.
Data Protection
Any personal information collected concerning the use of this website will be held and used under our Privacy Policy, which is available on our Site.
Indemnity
You agree to indemnify and hold us, our affiliates, officers, directors, agents, and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms of Use and User Agreement.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.
Arbitration
Any disputes, controversies, or differences arising out of the implementation, interpretation, or performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed under the rules of the Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained, 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 under the Arbitration Act 1995 Chapter No. 4. 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.
Termination
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. 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. You furthermore agree that the Site shall not be liable to you or any other person 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 of Imagine Care in operating the Site, your sole, and exclusive remedy is to discontinue using the Site.
Severability
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 of Use and shall not affect the validity or enforceability of any other section listed in this document.
Miscellaneous Provisions
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.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Use to any third party is prohibited unless agreed upon in writing by the seller.
We reserve the right to transfer, assign, or subcontract the benefit of the whole or part of any rights or obligations under these Terms and Conditions of Use to any third party.
Terms and Conditions of Sale
You confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. You agree that if you are unsure of the meaning of any part of the Terms and Conditions of Sale, you will not hesitate to contact us for clarification before making a purchase.
These Terms and Conditions of Sale fully govern the sale of goods and services purchased on this Site. No extrinsic evidence, whether oral or written, will be incorporated.
Formation of Contract
Both parties agree that browsing the website and gathering information regarding the services provided by the seller does not constitute an offer to sell, but merely an invitation to treat. 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 there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
Acceptance of Electronic Documents
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.
Payment and Pricing
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. If an item is mispriced, we may, at our 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 your credit/debit card charged. If we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given when you have already paid for the products.
Mode of Payment
Payments shall be made by
Mpesa Paybill: 880100
Account: 504903
CHEQUE ADDRESSED to RAFIKI PEST CONTROL LTD
Physical Address: Nairobi, Kenya. Rafiki Pest Control does not accept cash payments.
Non-payment and Default
Rafiki Pest Control LTD may terminate this agreement and send the outstanding balance to a debt collection agency if payment is not received immediately after service for domestic projects or within seven days (7) from the date payment is due for commercial projects. Interest will be charged on amounts overdue for payment at the rate of 2% until paid and calculated daily. In the event legal action is necessary to collect money due, we shall be entitled to recover from the client all reasonable costs of collection, including reasonable attorney fees and expenses, in addition to the outstanding balance due.
Booking Fees
Booking fees shall be made to Rafiki Pest Control LTD to facilitate the reservation process. All amounts paid hereunder shall be nonrefundable once paid. We’re not usually able to refund your booking fee in any circumstances, even if an event is canceled. This is because we have already paid the credit card charges incurred by processing your original order and these charges are non-refundable.
Use of Voucher Codes
Our Site accepts the use of voucher codes for orders placed online. The marketing voucher codes that 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 under our refund policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
Delivery
This Site is for the delivery of products and services to customers in the world. 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 be under no liability 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 agree not to hold the seller liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Sale if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
Theft by Servant
Staff shall not steal, embezzle, misappropriate, or divert Rafiki Pest Control LTD properties and money, or another employee’s materials from our places of work. Theft activities shall be reported immediately to Investigative agencies for recovery and punitive measures. To remedy the situation, you’ll be expected to repay ten times what was stolen to M-Pesa pay bill 880100 account 504903 and write an apology letter to the company *protected email*, otherwise, there shall be immediate employment termination and prosecution to recover the stolen properties. An award of Kes 5,000 with a promotion will be given to whoever uncovers or reports the theft and provides image evidence, audio evidence, or video evidence. Everything will be handled privately, secretly and nothing will become public.
Theft at Client’s Site
While at the client’s site, staff shall not steal money, properties, or gadgets. The client is solely responsible for security by checking staff before they leave and signing the report to ascertain no theft occurred, so ensure reports are signed. Any theft activities shall be reported immediately to Investigative agencies for recovery and punitive measures by the client. Rafiki Pest Control LTD shall immediately terminate your employment without pay.
Image Rights Waiver
By working /shopping/getting services at Rafiki Pest Control LTD, you are entering an area where photography, audio, and video recording may occur, please be aware that by entering any of its premises you consent to be photographed, filmed, and/or otherwise recorded without compensation and waive and release any claims you may have related to the use of recorded media of you at the event for any purpose whatsoever in perpetuity in connection with Rafiki Pest Control LTD by example, use of the website, in social media, news, and advertising or any payment for use of such recorded media, do not work or shop if you do not agree to the foregoing.
Trade Secrets
During employment, you shall do what is reasonably necessary to prevent unauthorized misappropriation or disclosure and threatened misappropriation or disclosure of the Company’s or any of its subsidiaries’ Trade Secrets and, after the termination of employment, shall not use or disclose the Company’s or any of its subsidiaries’ Trade Secrets as long as they remain, without misappropriation, Trade Secrets.
Damage to Utilities
Delivery of the services requires handling equipment and various tools, the client will be responsible for giving directions and relevant instructions to Rafiki Pest Control LTD’s designated personnel. Rafiki Pest Control LTD will exercise due care in performing its services but the client will be liable for any damage caused by any such services unless caused by the negligence of Rafiki Pest Control LTD’s designated personnel.
Indemnity
You agree to indemnify us, our affiliates, officers, directors, agents, and/or employees, as the case may be, free from any claim or demand, including reasonable legal fees, related to your breach of these Terms and Conditions of Sale.
Applicable Law and Jurisdiction
These Terms and Conditions shall be interpreted and governed by the laws in force in Kenya. Each party hereby agrees to submit to the jurisdiction of the Kenyan courts and to waive any objections based upon venue.
Arbitration
Any disputes, controversies, or differences arising out of the implementation, interpretation, or performance of these Terms and Conditions, shall be finally settled through arbitration by a single arbitrator to be appointed under the rules of the Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained, 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 under the Arbitration Act 1995 Chapter No. 4. 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.
Severability
If any portion of these Terms or Conditions of Sale 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 of Sale and shall not affect the validity or enforceability of any other section listed in this document.
Miscellaneous Provisions
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.
Assigning or sub-contracting any of your rights or obligations under these Terms and Conditions of Sale to any third party is prohibited unless agreed upon in writing by the seller.
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 of Sale to any third party.
Notice of Copyright Infringement
If you have any complaints about the infringement of your copyright, kindly write to the following address:
Who? Where?
If you believe that your intellectual property has been infringed upon on our website, please notify us by email at service@rafikipestcontrol.com. We expeditiously respond to all concerns regarding copyright infringements.
We request that you provide the following information along with your complaint:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyrighted work for the complaint.
- A proper description of the copyrighted work claimed to have been infringed.
- A description of the location of the infringing material on our Website.
- The address, telephone number, or e-mail address of the complaining party.
- A statement made by the complaining party that he has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law.
- A statement deposed under oath, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the copyright owner. Please note that this procedure is exclusively for notifying Rafiki Pest Control LTD that your copyrighted material has been infringed.
PRODUCT RETURN POLICY
By ordering from us, you agree you’ve read and accepted these terms, which comprise the following:
1) Delivery Charges
All transactions will be required to pay for shipping in the amount of Ksh 299 countrywide. International shipping costs approximately Kes 5,999.
2) Return and Exchange Policy
If for any reason the customer is not satisfied with their purchase we provide a returns service. However, restrictions may apply to certain merchandise, as detailed below and as updated from time to time. Proof of purchase is required to receive a full refund.
The supplier reserves the right to refuse any UNAUTHORIZED returns: those that occur after the three (3) day period or those involving Products that are unaccompanied by a valid complaint.
To facilitate a returns claim, we require the customer to provide the following information to Imagine Care Customer service: customer name, customer telephone number, customer email address, copy of the receipt of purchase, and details of the Customer’s issue with the product.
In addition, all Products MUST BE returned one hundred percent (100%) complete, including all original boxes, packing materials, and other accessories provided. The supplier reserves the right to refuse the return of incomplete products. All returns must be authorized.
2.1 Return restrictions:
2.1.1 Defective Product Returns
Customers may return the most defective Products to Rafiki Pest Control LTD within three (3) days from the purchase date. For all defective items returned a product complaint form should be compiled. After feedback from the service center, the supplier will issue an option on replacement, exchange, repair, or credit note. For all items returned after 3 days the manufacturer warranty will apply.
2.1.2 Non-Defective Product Returns
Rafiki Pest Control LTD does not accept the return or refund of any non-defective product once sold and paid for.
2.1.3 Restricted, Repair-Only Returns
Certain Products can only be returned for repair—not for exchange, replacement, or credit. Such Products should be returned to Rafiki Pest Control LTD, supplier notified which will then be taken to an authorized service center.
2.1.4 Non-Returnable Products
Non-returnable products are damaged, incomplete, used or installed items, and poorly packaged. If the original sealed blister packaging has been opened on items, these will not be accepted.
2.1.5 Non-Tested Products
On every delivery, the customer is required to check, verify and test the item before paying, accepting, or signing a delivery note. Since we test all products before dispatching them, refunds related to non-tested products will not be accepted.
2.1.6 Once Sold Cannot Be Returned Products
Some stores we buy from to resell maintain a strict policy that goods once sold cannot be returned whether the color, specification, packaging, or functionality is wrong. In that case, any products bought from such stores will not qualify for a refund, exchange, repair, or credit note from Rafiki Pest Control LTD.
2.1.7 Procedures for Obtaining Warranty Services
- Warranty product returns will not be accepted without a warranty certificate.
- Products shall not be liable under this warranty if: (i) Consumable parts are damaged (ii) Cosmetic damage (iii) Normal wear and tear or otherwise due to the normal aging of the product.
- Products to be returned for warranty coverage must be within the applicable warranty period.
- RMA turnaround time within three weeks of return.
- Please allow approximately 7-10 business days for refund processing.
3) How to Return an Item
Rafiki Pest Control LTD wants you to be thrilled with your new purchase. However, if you need to return an item, we’re here to help.
3.1 Ship your item back
To return an item to Rafiki Pest Control LTD, use any of the carriers countrywide to send it back. Once received, your refund is processed within 7-10 business days.
3.1 Bring your item to our Store
You can always return the item to any Rafiki Pest Control LTD. Our Specialists will assist you with your return. Your refund will be processed within 7-10 business days.
REPEAT POLICY
By ordering services from us, you agree you’ve read and accepted these terms, which comprise the following:
1) Transportation and Accommodation Charges
All service repeats are Free. All authorized service repeats require your facilitation on transport(to and fro) and accommodation which will be determined by the company staff. Transportation fees of Ksh 999 shall be paid upfront.
2) Repeats Policy
If for any reason the customer is not satisfied with the service and provides substantial video and image evidence, we provide a service repeat for free. However, restrictions may apply to certain repeats, as detailed below and as updated from time to time. Proof of live pests via a video or image is required to receive a service repeat.
The supplier reserves the right to refuse any UNAUTHORIZED repeats: those that occur after 24 hours of cleaning, 60 days on general pests, and 365 days on termites or those involving Services that are unaccompanied by a valid service report.
To facilitate a repeat claim, we require the customer to provide the following information to Imagine Care Customer Service: customer name, customer telephone number, customer email address, copy of the receipt of service, and details of the Customer’s issue with the service.
In addition, all Services MUST HAVE permitted one hundred percent (100%) property access, including all locked rooms. The supplier reserves the right to refuse the repeat of that which had incomplete property access. All repeats must be authorized.
3) Repeats Restrictions:
3.1) On-Time Warranty Service Repeats
Customers may seek service repeats from Rafiki Pest Control LTD within 24 hours on cleaning, 60 days on general pests, and 365 days on termites the service from the service date. For all on-time service repeats sought, a complaint form should be compiled. After feedback from the management or customer care, the supplier will issue an option for a service repeat or not. For all project repeats requested within 24 hours on cleaning, 60 days on general pests, and 365 days on termites the service warranty will apply.
3.2) Expired Warranty Service Repeats
Rafiki Pest Control LTD does not accept service repeats of any project that is reported past the warranty period of 24 hours on cleaning, 60 days on general pests, and 365 days on termites.
3.3) No Warranty Available
If no warranty was issued at the site, you are automatically disqualified.
3.4) Frequency of Repeats
The company is obligated to offer a maximum of one service repeat per warranty. When an extra request is made, the client must pay a discounted 50% of the initial service cost upfront for a new fresh service.
4) Procedures for Obtaining Warranty Services
- Warranty service repeats will not be accepted without a warranty certificate.
- Products shall not be liable under this warranty if: (i) Consumable parts are damaged (ii) Cosmetic damage (iii) Normal wear and tear or otherwise due to the normal aging of the product.
- Repeats to be offered for warranty coverage must be within the applicable warranty period.
- Please allow approximately 7-10 business days for repeat processing.
5) How to Claim a Service Repeat
Rafiki Pest Control LTD wants you to be thrilled with your new service. However, if you need a service repeat, we’re here to help.
5.1) Share Videos and Pictures
To qualify for a service repeat, kindly share video and image evidence. Once received, your repeat is processed within 7-10 business days.
6) Service Cancellation
In the event of a postponed service request after confirmation and while the technician is en route to or present at your residence, a new service fee will be applicable.
