Terms and Conditions

These Terms and Conditions ("T&C") govern your use of our website https://jaguar-petroleum.co.ke/ ("Website") and our "J-Gas" application for mobile and handheld devices ("Android"). Website and Platform are jointly referred to as "Platform". Please read these T&C carefully before you use the services. If you do not agree to these T&C, you may not use the services on the Platform, and we request you to uninstall the Platform. By installing, downloading or even merely using the Platform, you shall be contracting with JPL and you signify your acceptance to the T&C and Privacy Policy as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

Each User agrees that he/she has read and understood the T&C and each User agrees to be bound by the T&C. 3) The Platform has been designed for purchasing Liquefied Petroleum Gas (LPG) bottled in cylinder form such as 3 kg LPG, 6 kg LPG, 13 kg LPG, 22.5 kg LPG & 50 kg LPG and accessories which include burners, hosepipe, regulators, grill, cooking stoves, lamps, lantern poles and mantles for domestic use at homes. In addition, the Platform may be used to track the order status, order history and/or receive marketing promotions.

By accessing and using this Platform, the User represents, warrants and agrees that:

• The User is able to create a binding legal obligation;
• The User is a Kenyan resident and above the age of 18 years.
• The User is competent to contract and is not barred from receiving products or services under applicable law;
• The use of the Platform at all times comply with these T&C’s;
• You are solely responsible for all activity that occurs under the User Account, and you agree to maintain the security and secrecy of your Account Username and password at all times.
• Any and all information you supply to us in any way is, and shall at all times be accurate, true, correct and complete. To update your information, please visit profile section in the Mobile Application.
• This shall constitute permission and consent for JPL and its affiliates to collect and store in its database, use and process the User’s name, telephone numbers, e-mail address, delivery address including GPS coordinates, and any other details and information (“Personal Information/Data”) without any additional compensation whatsoever for purposes connected to offering the services specified on the Platform.
• By accepting these terms and conditions, you accept to be bound by JPL’s privacy policy.
• This shall constitute permission for JPL to process and share the Personal Information/Data with its affiliates and/or any new banking partner/third party payment bank that it may partner with from time to time to facilitate the payment process to User bank account. In the platform the User will be requested for his/her telephone number connected with his/her mobile wallet (M-Pesa) and this information will be sent to JPL’s banking partner who will use the mobile wallet (M-Pesa) platform to accept the payment from the User.
• The User shall bear all the risks of the banking channels and the risk of JPL sharing Personal Information or Data to the banks and other third-party payment providers, subject to reasonable standard measures adopted by the banks and such third-party service providers to ensure security of such channels.
• Downloading the app shall be deemed to be consent by the User to receive the promotional messages about the app and other JPL’s programs and activities. The User shall however be free at all times as per his/her discretion to unsubscribe from receiving the promotional messages by visiting the profile page on the platform and modifying his/her promotional messages subscription status.

• Cylinder Retention Period: The client is allowed to retain the J-Gas cylinder without refilling for a period not exceeding three (3) months from the date of the last refill. After the three-month period, the client must return the cylinder for refilling.
• Safety and Liability: The client agrees to follow all safety guidelines and precautions when retaining the cylinder without refilling. The client assumes full responsibility and liability for the safekeeping and maintenance of the cylinder during the retention period. The company shall not be held responsible for any damages or accidents that may occur due to improper handling or storage during the retention period.
• Termination of Retention: The company reserves the right to terminate the cylinder retention agreement with the client at any time without prior notice if the client violates any safety guidelines, breaches the terms and conditions, or engages in any misuse or illegal activities concerning the cylinder.
• By retaining the J-Gas cylinder without refilling, the user agrees to abide by the provisions of this clause 5 and accepts the responsibilities associated with the safekeeping of the cylinder during the specified retention period.

Access & Usage of the Platform

• The Platform can be accessed by visiting https://jaguar-petroleum.co.ke/.com or by downloading the mobile application available on Google play store & iOS app store.
• The User can register themselves on to the platform and access all features available on the platform.
• If you wish to purchase any product or service made available through the Platform, you may be asked to supply certain information relevant to your Purchase including but not limited to, your billing address, product information, delivery address including GPS coordinates, contact number(s), payment method including number connected to mobile wallet (M-Pesa), preferred delivery slots, preferred delivery method and promotional codes.
• We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: (a) product or service unavailability; (b) errors in the description or price of the product or, (c) if fraud or an unauthorized or illegal transaction is suspected.
• v) By using the Platform, you grant us the permission to use location coordinates which would only be used to deliver the product to you at the right address and in the address field.
• We will process your Personal Information/Data based on the provisions of the Kenyan Data Protection Laws and will retain it for as long as reasonably necessary to fulfil the purposes we collected it for including any legal or regulatory requirements.

Prices Policy

• JPL reserves the right to revise its prices at any time before accepting an Order. ii) The prices quoted may be revised by JPL after accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of JPL. In that event, you will have the right to cancel Your Order.

Rules About Use of the Service

• JPL does not guarantee that this Platform is perfect or free from faults or the information contained is completely accurate. If you have any issues or concerns please contact Customer care via (Support@jaguar-petroleum.co.ke) Telephone +254 11 518 2578
• Although we make reasonable efforts to update the information provided on the Platform, we make no representations, warranties or guaranties, whether express or implied, that such information is accurate, complete or up to date. Platform is not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform meet your requirements.
• We do not warrant that your use of the Platform will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Platform will be transmitted accurately, reliably, in a timely manner or at all.
• Notwithstanding that we will try to allow uninterrupted access to the Platform however the same may be suspended, restricted or terminated at any time.
• We do not give any warranty that the Platform is free from viruses or anything else which may have a harmful effect on any technology.
• We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Platform from time to time. Your access to the Platform may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Platform at any time.
• We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these T&C’s.
• The Services offered in the Platform are not available for use by persons under the age of 18 and the User should not authorize third parties to use his/her account.

Suspension and Termination

• If you, or anyone other than you uses the Platform in contravention of these T&C’s, we may suspend your use of the Services and/or Platform.
• If we suspend the Services or Platform, we may refuse to restore the Services or Platform for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these T&C’s.
• Without limitation to anything else in this Clause, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services on Platform; (b) suspend your use of the Services on Platform; and/or (c) suspend the use of the Services and/or Platform for persons we believe to be connected (in whatever manner) to you, if you commit any breach of these T&C’s; if we suspect, on reasonable grounds, that you have, might or will commit a breach of these T&C’s; or if we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
• Our rights under this Clause shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Disclaimer and Exclusion of Liability

• The Platform, the Services, the information on the Platform and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.
• To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Platform and its contents, including in relation to any inaccuracies or omissions in the Platform, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
• We do not warrant that the Platform will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Platform will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
• While we may use reasonable efforts to include accurate and up-to-date information on the Platform, we make no warranties or representations as to its accuracy, timeliness or completeness.
• In no event shall JPL, its promoters, affiliates, group companies and their respective officers, directors, agents and employees be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the Platform and the services offered in the Platform, your access to, use of or inability to use the Platform or the services offered in the Platform, reliance on or downloading from the mobile Platform and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
• We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Platform and these T&C’s. For the purposes of these T&C’s, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
• Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the use of Platform, or electronic mail transmitted to and from us, will not be monitored or read by others.

Indemnity

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, verification PIN, and/or (c) your breach of any of these T&C’s, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

Intellectual Property Rights

• All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Platform are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
• Nothing contained on the Platform should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Platform without our written permission. Misuse of any trademarks or any other content displayed on the Platform is prohibited.

We will not hesitate to take legal action against any unauthorized usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.

Amendments

We may periodically make changes to the contents of the Platform at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Platform. ii) We reserve the right to amend these T&C’s from time to time without notice. The revised T&C’s will be posted on the Platform and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.

Applicable Law and Jurisdiction

• These terms and conditions are governed by the Laws of Kenya and any dispute with regard to the Platform will be subject to the jurisdiction of competent courts in Kenya only.
• In the event of any dispute or difference between the user and JPL arising out or in any was relating to the T&C, the same shall be referred to arbitration to be conducted by the sole arbitrator to be mutually appointed by the Parties.
• The arbitration proceedings shall be conducted in Nairobi, Kenya, in accordance with the provisions of the Arbitration Act of Kenya (No. 4 of 1995) or any amendment or re-enactment for the time being in force. 14) Privacy Policy

All User personal details must be valid and up to date and will be held by JPL and may be used for the purpose of the Platform and for future promotion and marketing purposes in accordance with JPL Privacy Policy ( insert link ) unless otherwise directed by the users at the time of using the Platform.