Terms & Conditions

A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the website. The terms “you” and “your” refer to you, as a user of the website. The terms “we,” “us,” “our,” “FIGURA” or “FIGURA Kenya” refer to FIGURA Kenya, a Kenyan business, registered and doing business as FIGURA Kenya.

“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication that we display on or make available through our website (as defined below). “User Content” means Content that you submit or transmit to or through the website, such as reviews, compliments, invitations, advice, and information that you display. “FIGURA Kenya Content” means Content that we create and make available on the website. “Third Party Content” means Content that is made available on the website by parties other than FIGURA Kenya or its users, such as data providers who license data to FIGURA Kenya for use on the website.

This is a binding agreement. By using the internet website located at http://www.figura.ke (the “website”) or any service we offer via the website (the “services”), you agree to abide by these Terms & Conditions, as they may be amended by FIGURA Kenya from time to time in its sole discretion. FIGURA Kenya will post a notice on the website any time these Terms & Conditions have been changed or otherwise updated. It is your responsibility to review these Terms & Conditions periodically, and if at any time you find these Terms & Conditions unacceptable, you must immediately leave the website and cease all use of the website or our services. 

By using one or more of our websites you promise that you are at least 18 years of age. If you are not yet 18 years old (a “minor”), you must have the permission of an adult to use our website and agree to these Terms & Conditions, and that adult must be a parent or legal guardian who is willing to be responsible for your use of the website. If you are a parent or legal guardian of a minor, you hereby agree to bind the minor to these Terms & Conditions and to fully indemnify and hold FIGURA Kenya harmless if the minor breaches any of these Terms & Conditions.

In these Terms & Conditions we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the Content; your right to use the Content is conditioned on your compliance with these Terms & Conditions. You have no other rights in our website, Services or any Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this website or Content in any manner. If you make copies of any of a Site or any Content then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the website. 

When accessing or using the website, you agree to obey the law and to respect the intellectual property rights of others. Your use of the website is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights.

Unfortunately, if you breach any of these Terms & Conditions the above license will terminate automatically and you must immediately destroy any downloaded or printed Content (and any copies thereof).

FIGURA Kenya strives in good faith to provide the most accurate information possible on its website. Policies, pricing, and item availability are subject to change without notice, and we reserve the right to limit quantities. Prices, quantities, and availability displayed on our site are subject to final approval at the time of order fulfillment. If you have made payment for the purchase and your order is canceled by FIGURA Kenya, FIGURA Kenya will issue a refund in the amount of the charge. Any amount charged by a third party as processing or a payment fee will not be refunded by FIGURA Kenya.

The online inventory is virtual and does not show real time inventory. FIGURA Kenya strives to maintain the security and integrity of our order processing system. Inventory quantities are updated frequently throughout the business day. FIGURA Kenya does not guarantee that items listed as 'in-stock' or 'available' on this site will be available at the time of order fulfillment. All inventory listed on the website is subject to prior sale by FIGURA Kenya.

During the order process, placing an item in your shopping cart does not reserve the item (remove it from available inventory) until final checkout and payment processing.

The website, e-mail offers, and other advertisements are subject to correction. If a product is listed at an incorrect price or with incorrect information due to typographical error or any other error in pricing or product information, FIGURA Kenya shall have the right to refuse, modify or cancel any orders placed for the product listed with the incorrect information, regardless of whether or not the order has been confirmed. The inventory images are shown for representational purposes only. If we are unable to display the actual image of a product, FIGURA Kenya reserves the right to display a similar image for the one described in the product information. The actual product may vary from the image that is shown on the website.

Your receipt of an electronic or other form of order confirmation does not guarantee our acceptance of your order, nor does it constitute confirmation of our offer to sell.

FIGURA Kenya reserves the right at any time after the receipt of your order to accept or decline your order for any reason, without prior notice to you, to supply less than the quantity you ordered of any item and process a refund if payment had been confirmed. We may require additional verifications or information before accepting any order.

Our website is intended solely for FIGURA Kenya' end user customers and currently does not accept large orders from dealers, exporters, wholesalers, or other customers who intend to resell the products offered on our website.

Online orders generate an automatic confirmation and response email. These automatic confirmations and response emails are subject to correction prior to delivery due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. Our internet pages are an invitation for you to make us an offer to buy the items described; our actual delivery constitutes our acceptance of your offer.

Customers may pre-order and back-order out of stock products. When you place a pre-order or back-order, you are reserving the product before it is in stock and available. All pre-orders and back-orders must be paid in full to secure the reservation.

Pre-orders and back-orders are saved on a “first come, first serve” basis. An estimated time-of-arrival date will be communicated upon payment confirmation and customers will be notified by email when their order has been shipped. If your order includes a pre-ordered or back-ordered product and other items, your in-stock items will ship immediately and all pre-order and back-order items will ship when everything is in stock.

FIGURA Kenya will not create any type of reference or hyperlink to any other website that displays, promotes and/or exhibits any type of hate, bias, or discrimination. FIGURA Kenya thus reserves the right to deny or remove any reference or hyperlink that contains misleading information or unsubstantiated claims, or is determined to be in conflict with FIGURA Kenya's policies, procedures, and practices.

The logo displayed on FIGURA Kenya’s website is the official logo of FIGURA Kenya and is not to be used by any other organization/entity for any purpose, unless such rights are granted by FIGURA Kenya.

FIGURA Kenya may contain links to websites created and maintained by other public and/or private organizations/entities. FIGURA Kenya provides these links as a service to our users, and when users click on a link to an external website, they are leaving FIGURA Kenya and are subject to the privacy, security policies and related terms and conditions of these external websites.

Our site may allow individuals to post comments on discussion topics on various forums. We encourage you to share your thoughts as they relate to the topic being discussed, but please be advised that posts will be publicly visible and are categorized as public information; therefore, we utilize a moderation policy for ensuring posts are appropriate and not harmful to others. As such, we review and moderate posts according to our stated guidelines below. The views expressed in posts reflect those of the individual making the post, and are not intended to be viewed as and are not those of FIGURA Kenya.

FIGURA Kenya promotes public comments and posts for purposes of transparency in who we are, what we do, and the services we provide. However, courtesy, professionalism and decorum are to be used at all times by individuals. FIGURA Kenya reserves the right to block, hide, delete, or remove posts that:

• Are deemed obscene, indecent, or profane language.

• Contain threats, defamatory, or derogatory statements.

• Invoke terroristic threats, promote violence, along with any other offensive material and any other content deemed unprofessional, unethical or that violates any local, county, or national law or regulation.

• Reveal Personal Information.

• Contain information posted in violation of law, including libel, condoning or encouraging illegal activity, and revealing classified information, or posts that might affect the outcome of ongoing legal proceedings.

• Promote or endorse services or products, including links to external commercial sites. (Note that non-commercial links that are relevant to the topic or another post are acceptable.)

• Contain content that is completely off-topic, spam, or intended primarily to promote a link for purposes of link building.

• Contain any other type of content deemed unprofessional, unethical or that violates any local, county, or national law or regulation.

Unless you have clear permission to do so, please do not submit copyrighted, trademarked, or other proprietary, confidential, and/or sensitive non-public information. By submitting your posts or other work, you allow anyone viewing the discussion forum at FIGURA Kenya irrevocable permission to copy, distribute, make derivatives, display, or perform the poster’s work publicly and free-of-charge.

To protect your privacy, please do not include personal information that can be used to potentially identify you. FIGURA Kenya will review all posts in a timely manner, and will respond accordingly and take action  in regards to any posts that violate the above-stated conditions.

By posting, downloading, displaying, performing, transmitting, or otherwise distributing User Content to the sites, you are granting FIGURA Kenya, its affiliates, officers, directors, employees, consultants, agents, and representatives an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license to:

• Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Content (or any modification thereto), in whole or in part, in any format or medium now known or later developed;

• Use (and permit others to use) your User Content in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service);

• Display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.

You will not be compensated for any User Content. You agree that FIGURA Kenya may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content, and that you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Content.

You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any Content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.

If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Sites, Services or any products, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and FIGURA Kenya and its affiliates are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

The FIGURA Kenya website includes hyperlinks, or pointers, to information created and maintained by other public and/or private organizations/entities. As such, FIGURA Kenya only provides these links for your information and convenience, therefore, when you select a hyperlink to an external website, you are leaving the FIGURA Kenya website and therefore subject to the privacy and security policies of these external websites.

FIGURA Kenya does not control or guarantee the accuracy, relevance, timeliness, or completeness of information contained on a linked website.

FIGURA Kenya does not endorse the organizations sponsoring linked websites and we do not endorse the views they express or the products/services they offer.

FIGURA Kenya therefore cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.

FIGURA Kenya is not responsible for transmissions users receive from linked websites.

FIGURA Kenya may, at its sole discretion and without prior notice; Revise these Terms & Conditions; Modify the website; and Discontinue the website at any time. FIGURA Kenya shall post any revision to these Terms of Use to the website, and the revision shall be effective immediately upon such posting. You agree to review these Terms & Conditions and other online policies posted on the website periodically to be aware of any revisions. You agree that, by continuing to use or access the website following notice of any revision, you shall abide by any such revision.

These Terms & Conditions were last updated on 2nd June, 2023.