CUSTOMER TERMS & CONDITIONS

PART A: DEFINITIONS

Accurate information: Information provided by you in the Order which must be accurate and complete. You must inform Thirsty John’s if there’s a change to your details.

Agreement is an agreement between you and Thirsty John’s to supply the Goods, and consists of the Order and these Terms.

Delivery Address is the address where the Goods are to be delivered as stated on the Order,

Delivery Area: Area’s which Thirsty John’s has the sole discretion to deliver orders. Orders for delivery to addresses that are not in Thirsty John’s delivery area cannot be processed. We’ll let you know if your Delivery Address is not in an area where Thirsty John’s delivers Goods for any delivery option.

Delivery Fee is the fee payable for delivery of ordered items to your Delivery Address and handling and other costs associated with processing your Order, including but not limited to a Pickup Order. Fees and conditions may vary depending on your location and the delivery option you select.

Goods are items in an Order, and include packaging,

Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information,

Licensed Premises means the licensed premises as per each liquor license of each store and outlined here, and referred to jointly and severally as the context requires,

M-PESA Services or M-Pesa refers to the money transfer services provided by Safaricom including issuance, management and redemption.

Order(s) is an order(s) by you to purchase the Goods from any licensed wine and spirit shop within the Thirsty John’s network and includes any order made using the Website and Mobile applications,

Personal Details includes your name, phone numbers, email addresses, comments, the Delivery Address and payment details.

Pickup Collection Point is the partner vendor outlet selected by you to collect the Goods consistent with your Pickup Order. Pickup facilities are available from selected locations where the vendors offer this service.

Pickup Order means the Order you place using our Self Pickup option available on the Website and Mobile applications.

PIN means your secret 4-digit identification numbers being the password for managing your money transfer account.

Platform is any native, online portal maintained by Thirsty John’s.

Product List is the list of Goods displayed on the Website and Mobile applications.

Push Notifications An automated pop-up send by an application to a user’s device when the application is not open. This refers to the M-Pesa payment confirmation request.

Options Items is any options provided as part of the Product List.

Tax(es) is any applicable tax by a jurisdiction applied on the business.

Transaction/Payment means the movement of money in and out of our M-Pesa Account, Bank Account or cash payment.

Terms mean these terms, and any additions or variations, and any other accompanying conditions by thirsty John’s.

Website and Mobile applications include without limitation online and mobile electronic interfaces.

PART B. THE AGREEMENT

An Agreement exists between you and Thirsty John’s once Thirsty John’s receives and accepts an Order at the relevant Licensed Premises, Vendor stores and Thirsty John’s has no obligation to supply the Goods until the Order has been accepted.

Each Order may be accepted by the Licensed Premises (Vendor Partners) at their absolute discretion and partners expressly reserve the right to limit sales to reasonable quantities as determined at the sole discretion of Thirsty John’s and Vendor partners. Each Order generates a separate Agreement. Persons under 18 years of age are not permitted to place an Order. Thirsty John’s and its vendor partners reserve the right to accept or revoke any order placed.

These Terms and Supplemental and in addition to the M-PESA Terms and Conditions. In the event of any inconsistency between previous terms and the M-PESA Terms and Conditions or any other relevant Terms and Conditions, these terms and Conditions shall prevail.

PART C: TERMS

Terms of Use for Website and Mobile applications.

These terms of use (Terms) govern your use of thirstyjohns.delivery and all related sites, (Website and Mobile applications and Social Media Sites) including all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content). Please read these Terms carefully. BY USING THE WEBSITE AND MOBILE APPLICATIONS YOU ARE AGREEING TO THESE TERMS. You must not use the Website and Mobile applications if you do not agree with these Terms.

You may only use the Website and Mobile applications and the content on the Website and Mobile applications for personal, non-commercial, legal purposes unless Thirsty John’s provides express written consent; if you are 18 years and over as we do not take alcohol delivery orders nor deliver alcoholic products to persons under the age of 18.


Personal Information.

Thirsty John’s Ventures and its affiliated companies and partners collect your information when you register or place an order on any Thirsty John’s Platform. Our privacy policy details how Thirsty John’s collects, uses and discloses your personal information, how you can access your personal information or raise a complaint about the use and management of your personal information.

Ordering Via Thirsty John’s Website or Mobile applications.

When placing an order, you confirm that all information provided in registering, completing an order to purchase items are true and correct. The ordered items will remain the property of The authorized vendor until fully paid for.

You agree to be solely responsible for the use and transaction of your MPesa and any other form of payments and that you will always have sufficient funds to complete an order and associated charges. Its is forbidden to carry out transactions on behalf of another individual and might expose you to Proceeds of Crime and Anti- Money Laundering Act.

You also agree the address/es provided and any other addressed provided are the locations deliveries will be made to and we cannot deliver to an address not provided during the order placement.

You agree you have the authority to use and transact using the payments information provided this includes bank cards, phone numbers such as M-Pesa phone numbers and PayPal account details. It is an offence to supply and transact using illegally acquired payment methods.

Thirsty John’s takes orders on behalf of its registered and licensed vendors and reserves the right to review prices without any due notice.

Condition for Delivery and Times

It is against the law to sell, supply or serve alcohol to or obtain alcohol to persons under the age of 18 years.

Any order shall be deemed as confirmed when placed through Thirsty John’s Website and accompanying Mobile applications, the preferred delivery location identified or collection method clearly stated.

You agree we may rely on a person who is at the address provided for the delivery and who takes receipt of your ordered products as being the authorized for this purpose.

If we see or determine the delivery circumstances may not be suitable for any reason, including safety concerns, any likely recipient of the ordered product appears to our delivery staff to be under the heavy influence of alcohol or drugs, under the age of 18 years or acting for or on behalf of a person who we consider may be unsuitable for any reason will we will not do the delivery.

Thirsty John’s works with local liquor stores to ensure prompt delivery times and will endeavour to deliver within the times nominated. You accept that delivery times may vary due to unforeseen circumstances from time to time.

Order Returns/Non-Collection

Thirsty John’s will only offer refunds where a delivery was not able to be completed, a pickup was not collected during collection time frames at the selected store after your order has been confirmed as ready or where an ordered product is not available. In the absence of a re-delivery arrangement or re-collection, you agree that we may deduct an amount from the refund amount on account of costs incurred by us in returning the relevant products to our vendor store or storage site. You agree that we may make such deductions where we were unable to deliver due to circumstances beyond our reasonable control such as wrong address or the delivery precondition above were not meet.

Where an order was damaged by one of our personnel, we will endeavour to redeliver the product/s or a refund may be offered after the return of the damaged goods are verified by the vendor and Thirsty John’s.

You may email us about any delivery or Pick-up matters through our contact us page.

Cancellations by Us

We may cancel your order before delivery in whole or part even after the order has been paid for. In case of Pick-up Orders, we may make such cancellations before collection of the ordered products. Any such cancellation shall be by giving you such reasonable cancellation notice as we can provide using any of the contact details we have for you. The circumstances in which we may cancel your order are if;

  • Any of the ordered items are not available.
  • There was an error in the description of any ordered products or their prices as advertised by the vendor.
  • Your order is in breach of these or any other relevant terms and conditions or is contrary to a person’s rights or any law.
  • The order is not within our delivery zones or any stores operating hours.
  • These terms and conditions provide we may not deliver your order.

Cancellations by you

You agree and accept you cannot change or cancel an order if it has been placed. If you wish to change or cancel your order please contact our customer service team as soon as possible via email to at [email protected]

You may check your order status and we might be able to make changes before its completion. Please contact us promptly with your request to confirm whether we might be able to change or cancel your order if time allows. We will make all attempts to accommodate your request, however, unfortunately, no guarantees are given once an order is placed.

Ownership

The Website and Mobile applications and all content is operated and owned by Thirsty John’s Ventures and its affiliated organizations operating as thirstyjohns.delivery with the principal place of business on Ngong Road, Nairobi, Kenya and all town and locations in the County where we operate.

In the course of using the any Thirsty John’s platforms
You must not:

  • By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website, Mobile applications and Social media sites or any Content contained on the Website and Mobile applications.
  • Do anything that imposes an unreasonable or disproportionately large load on the Website, Mobile applications and Social media sites, or interferes or disrupts any process or any network or access connected to the any Thirsty John Platform.
  • Breach the security of the Website, Mobile applications and Social media sites, test or scan the vulnerability of the said platforms, or make any unauthorized modifications to any part of the Website, Mobile applications and Social media sites.
  • Interfere with any other persons use or enjoyment of the Website, Mobile applications and Social media sites.
  • Post, or transmit to the Website, Mobile applications and Social media sites applications any abusive, obscene, defamatory, or otherwise inappropriate material;
  • Use any robot, spider, scraping device, deep-link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website and Mobile applications, or to reproduce or separately store or use such content.
  • Use the Website, Mobile applications and Social media sites or any content in any way that is unlawful, illegal or breaches the rights of Thirsty Johns or any third party and,
  • Use the Website, Mobile applications and Social media sites in any way that otherwise breaches these Terms.

In addition to these Terms, Thirsty John’s Privacy policy applies to the Use of the Website and Mobile applications and various parts of Social media sites and are subject to other terms and conditions. You should review these other terms and conditions carefully and not use any Thirsty John’s platform or applications if you do not agree to these other terms and conditions.

Third-Party Website and Mobile applications

The Website and Mobile applications may contain links to other web sites controlled by third parties (Third Party Website and Mobile applications and Social Media Platforms). Thirsty John’s is not responsible for any content on Third Party Websites, Mobile applications and Social media sites nor does it endorse or approve such content. If you choose to visit these Third-Party Websites and Mobile applications you do so at your own risk and should make your enquiries before relying on any content contained on such Third-Party Website, Mobile applications and Social media sites. Thirsty John’s makes no representations about the quality or accuracy of material available on Third Party Website, Mobile applications and Social media sites, or that such material does not infringe the intellectual property rights of a third party.

Product/Service Reviews

The Website, Mobile applications and Social media sites may allow you to provide personal comments on selected products. In doing so:

  • Your comments must reflect your genuinely held opinion of the product.
  • Your comments must not be obscene, abusive, illegal, threatening, defamatory, objectionable, invasive of privacy, injurious to third parties or be misleading as to the origin of the content.
  • Your comments must not infringe the intellectual property rights of a third party or user.
  • You must not use a false email address or impersonate any person or entity; and
  • You acknowledge that we may remove or edit your comments.

If you provide comments on a product, you grant Thirsty John’s and relevant third parties the right to use and display your comments for any purpose concerning the product throughout the world.

Intellectual Property

All Content on the Website, Mobile applications and Social media sites are owned, controlled by, or licensed to Thirsty John’s Ventures and affiliated companies. Except for viewing the Content for your personal non-commercial use, Thirsty John’s does not grant you any rights to use the Website, Mobile applications and Social media sites content for any other purpose unless it expressly consents in writing.

Limitation of Liability

Thirsty John’s Ventures does not warrant or guarantee:

  • The accuracy or completeness of any information available on the Website and Mobile applications;
  • That access to the Website and Mobile applications will be uninterrupted or error-free.
  • That any defects will be corrected immediately; or.
  • That the Website and Mobile applications will be free from viruses or other contamination

Except where prohibited by law, Thirsty John’s will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website and Mobile applications, including use of any information on it. You use the internet and the Website and Mobile applications at your own risk. Nothing in these Terms limits your rights under Kenyan Consumer Law.

Termination of Use

You may stop using the Website and Mobile applications at any time for any reason.

Thirsty John’s reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website and Mobile applications of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

Thirsty John’s may disclose any information we may have about a user concerning an investigation or allegation that your use of the Website and Mobile applications is in breach of these Terms, or is in breach of law or other regulation. Thirsty John’s reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief.

Variation to Terms

Thirsty John’s Ventures may vary these Terms at any time, and by continuing to use the Website and Mobile applications you consent to any variations. Thirsty John’s Ventures will not notify you of these variations and it is your responsibility to regularly check these Terms for any variations.

Governing Law

These Terms are governed by the laws of Kenya, and any dispute concerning these Terms or your access or use of the Website and Mobile applications will be the exclusive jurisdiction of the Courts of Kenya.

Miscellaneous

If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.

Any failure by Thirsty John’s Ventures to act or enforce these Terms immediately will not be considered a waiver of Thirsty John’s Ventures right to take any such action.

Contact
Queries regarding these terms and conditions should be directed to the Thirsty John’s staff on [email protected]