Introduction

Sports Boulevard is an online platform for the sale of sports merchandise by different merchants and for different customers to access information on a variety of products and to purchase the products offered by the merchants through the website.

  • Please review the Terms and Conditions Service (the “Terms and Conditions”) listed below diligently prior to using this website as your use of the website constitutes your acceptance to be wholly bound by its Terms and Conditions without modification. If you are using the website on behalf of a company, organization, government, or other legal entity, you represent and warrant that (a) you are authorized to do so, (b) the entity agrees to be legally bound by the Terms and Conditions, and (c) neither you nor the entity are barred from using the website or accepting the Terms and Conditions under the laws of the applicable jurisdiction.
  • By using this website you confirm that you are of the age of majority (18 years and above).
  • Sports Boulevard reserves the right, to change, modify, add, or remove portions of the Terms and Conditions of Service at any time. Changes will be effective when posted on the website with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the website following the posting of changes to these Terms and Conditions constitutes your acceptance of those changes.
  • Please note that if you do not agree to be bound by the Sports Boulevard Terms and Conditions of Service you may not use the website and you must delete your account with Sports Boulevard (if you have any).
  • If you do not understand any part of these Terms and Conditions or have any inquiries relating to any part of the Terms and Conditions, you agree that you will not hesitate to contact us for any further information and clarification.

Definitions

In the Sports Boulevard terms and conditions, the following words will have the following meanings:

  • “Customer” means a person who has entered into an agreement with Sports Boulevard to purchase Sports Boulevard product offerings on the Sports Boulevard terms and conditions;
  • “Sports Boulevard”, means the online shopping platform on the website located at URL sportsboulevard.co.ke owned by Techville Company Limited, a private limited liability Company incorporated in the Republic of Kenya as company number PVT-8LUMML and of Post Office Box Number 23140, 00100 Nairobi in the Republic of Kenya offering Technology Solutions and Services and having its registered office at Block E, Apartment 0.1, KMA Apartments, Upper Hill, Nairobi.
  • “Sports Boulevard Terms and Conditions” means these website terms and conditions, together with any policies, including but not limited to the Privacy Policy and the Deliveries and Returns Policy in force at the time and which constitute an agreement between Sports Boulevard and the User and may hereafter be referred to as (the “Terms and Conditions”) or (the “Agreement”) as the case may be;
  • “Sports Boulevard Voucher” means a promotional voucher as more fully described in clause 5.3;
  • “Sports Boulevard Price” means the price paid by the Customer to Sports Boulevard for the purchase of the Sports Boulevard product;
  • “Sports Boulevard Voucher Goods” means the goods that form the subject of the Sports Boulevard Voucher promotion;
  • “Promotional Period” means the period specified on the Sports Boulevard Voucher during which a Customer can redeem the Sports Boulevard Voucher to receive the goods and/or services;
  • “Supplier” means the supplier of the goods;
  • “User” means any person accessing the information or using the services on of the website, and includes a juristic person;
  • “Website” means the URL sportsboulevard.co.ke

Website use & Restrictions

  • Sports Boulevard grants you a non-transferable, revocable and non-exclusive license to use this website, in accordance with the Terms and Conditions of Service, for such things as: shopping for personal items sold on the website, 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 Service 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, infringing any intellectual property rights. This list is non-exhaustive and similar actions are also strictly prohibited.
  • Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You are specifically prohibited from modifying, reverse engineering, copying, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the website or any software, documentation or data related to the website.
  • You confirm that you are at least 18 years of age or are accessing the website under the supervision of a parent or legal guardian.
  • Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. You are specifically prohibited from using the website for timesharing or service bureau purposes or otherwise for the benefit of a third party; or removing any proprietary notices or labels.
  • You may not:
    • provide any untrue or incorrect information to Sports Boulevard or the website;
    • use the website to make derivative copies;
    • lease, sell, assign or in any other way distribute information on the website without the prior written consent of Sports Boulevard;
    • use malicious search technology, including but not limited to spiders and crawlers;
    • frame any pages of the website;
    • deep link to any pages of the website in a way to suggest that you are the owner or licensee of any intellectual property in the website;
    • use the website or linked websites, to post any material which in Sports Boulevard’s discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, inappropriate in any way or otherwise violates any laws;
    • in any way disrupt the operations of the website, including but not limited to sending bulk email messages or spam messages.
  • Any breach of these Terms and Conditions of Service 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.

Price and Payment

  • We are determined to provide the most accurate pricing information on the website 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. In the event that an item is mispriced, we may, at our own 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. In the event that we are unable to provide the services, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
  • Prices of products (which may or may not be inclusive of applicable taxes) will be indicated on the order pages when you place your order.
  • You are solely responsible for all legal and regulatory obligations including tax obligations arising from placing an order for a product on our website.
  • We accept payment for the products by way of mobile money M-PESA payments or any other designated mode of payment indicated on our website.
  • We also accept payment for the products or a discount on the purchase price through Vouchers in which case a customer shall use the voucher code as an alternative for cash payment as elaborated in Paragraph 5 below.

Sports Boulevard Vouchers

  • Sports Boulevard promotes and accepts the use of voucher codes for orders placed online.
  • The Vouchers may be issued by either the Suppliers or by Sports Boulevard.
  • Sports Boulevard shall from time to time issue marketing voucher codes or coupon codes which shall entitle you at the time of ordering a product to a saving on the order being placed on our website.
  • Sports Boulevard Vouchers codes 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 website.
  • Sports Boulevard Voucher codes may not be exchanged for cash. With the exception of vouchers issued in accordance with our refunds policy and vouchers issued in exchange for advance payments, we reserve the right to cancel or withdraw our voucher codes at any time.
  • In order to purchase a Sports Boulevard Voucher, you need to register and create an account on the website.
  • Sports Boulevard will not be liable in case of a lost or stolen Sports Boulevard Voucher and will not replace it.
  • You may not reproduce, sell or trade Sports Boulevard Vouchers.
  • Vouchers used for promotion are subject to terms and conditions of the promotion.
  • Sports Boulevard Vouchers must be redeemed once off and in full.
  • The supplier will provide the Voucher goods to Customers once verified that the Customer is tendering a legitimate Sports Boulevard Voucher.

If a Sports Boulevard Voucher is redeemed outside of the promotional period, then the supplier may require the Customer to pay the difference between the Voucher price and the price of the goods at the time of redemption of the Voucher.

Registration and User Account

  • You do not need to register with Sports Boulevard to view a product or promotion advertised on the website. However, you do need to register in order to make a purchase or acquire a Voucher by creating an account on the Sports Boulevard website.
  • Sports Boulevard reserves the right to reject any new registration or to cancel an existing account at any time. Cancellation will not affect the validity of a Sports Boulevard Voucher purchased before cancellation.
  • In order to browse beyond a certain point on the site (there may be a time-based limit or a page-view limit on browsing), you will be required to login or create. You will be required to supply certain personal information to Sports Boulevard. For more information about this, please refer to our Privacy Policy.
  • You must provide correct, up to date and true information to Sports Boulevard. You must also update information if any of the information provided to Sports Boulevard changes at any time. Sports Boulevard reserves the right to close any accounts for breach of this clause without notice, including but not limited to accounts that have been registered with an invalid email address or an email address belonging to another individual.
  • In order to create an account on the website you will be required to provide a user name (which shall be your preferred email address) and create a password upon registration which shall thereafter serve as the login credentials used to access your account. Note that it is your responsibility to protect the privacy of your login credentials. You are responsible for maintaining the confidentiality of your login credentials and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you become aware of a breach of security regarding your login details, or any unauthorised use thereof, you must notify Sports Boulevard immediately by email to support@sportsboulevard.co.ke. The website 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 website. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

Website Information

  • 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 reasonable steps are taken to ensure the accuracy of information on the website Sports Boulevard does not warrant that product descriptions or any other content on the website is accurate, complete, reliable, current, or error-free.
  • Product representations expressed on this website are those of the vendor and are not made by us. Submissions or opinions expressed on this website 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 which may arise as a result of any error, omission, interruption, deletion, delay in operation or transmission, computer virus, communication failure and defect in the information, content, materials, software or other services included on or otherwise made available through our website.
  • Sports Boulevard understands 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.

Sports Boulevard Goods

  • Sports Boulevard is not the supplier of the goods and/or services and does not guarantee the quality, usability, safety or any other aspect of the goods or services for which the Sports Boulevard Voucher may be redeemed.
  • The supplier (and not Sports Boulevard) is solely responsible for the quality, safety and availability of the goods and/or services.
  • Sports Boulevard Vouchers must be redeemed once off and in full.
  • The supplier will provide the Voucher goods and or services to Customers once verified that the Customer is tendering a legitimate Sports Boulevard Voucher.
  • If a Sports Boulevard Voucher is redeemed outside of the promotional period, then the supplier may require the Customer to pay the difference between the Sports Boulevard Voucher price and the price of the Sports Boulevard Voucher goods and or services at the time of redemption of the Sports Boulevard Voucher.

Sports Boulevard Rights and Duties

  • Sports Boulevard will use reasonable endeavors to correct any omissions or errors on the website as soon as it is practical to do so after being notified thereof. However, subject to applicable law, Sports Boulevard does not guarantee that the website will be free of errors, and we do not accept liability for any omissions or errors. Should you encounter an error, please notify support@sportsboulevard.co.ke.
  • While Sports Boulevard endeavors to provide uninterrupted access to its website, access may be restricted, suspended or terminated at any time and Sports Boulevard does not guarantee that the user’s use of the website will be uninterrupted and further, we do not guarantee that any messages or information sent via the website will be transmitted reliably, accurately, in a timely manner or at all.
  • Sports Boulevard reserves the right to modify, amend, substitute, suspend or remove without any prior notice any data, information or Sports Boulevard Voucher on the website.
  • If the website is down for any reason other than terminating the website, we will attempt to restore the website as soon as reasonably possible. Sports Boulevard assumes no responsibility for functionality that is dependent on the Internet browser you use, or any other third-party software to operate.
  • Sports Boulevard reserves the right to remove and/or edit any content that in our reasonable opinion may lead to a breach of the agreement, and/or to block access to same.

Suspension and Termination

  • Sports Boulevard may terminate the agreement and relationship with you immediately if:
    • you commit any breach of the agreement with us;
    • we have reasonable grounds to suspect that you are committing, or may commit, any fraud against us or any person.
  • Sports Boulevard may terminate the website at any time in which event the agreement with you will be terminated immediately. After termination you will still be able to redeem any Sports Boulevard Vouchers purchased before termination.
  • Sports Boulevard’s right to terminate the agreement with you shall not prejudice any other remedy or right we may have in law, including but not limited to institute action for damages or specific performance.

Indemnity

All users agree to indemnify, defend and hold Sports Boulevard, its owners, affiliates, subsidiaries, officers, managers, partners, employees, and agents harmless from and against any and all claims, lawsuits, judgments, losses, civil penalties, liabilities, damages, costs, and expenses, including reasonable legal fees and court costs, arising out of or related to any liability, loss or damage we may suffer as a result of your use of the website, or any breach of these Terms and Conditions of Service.

Limitation of Liability

  • Although we shall take reasonable care to ensure the correctness of information, the website including all applications, scripts and content is provided as-is.
  • By using the website, you acknowledge and agree that you are downloading any content at your own risk, and the responsibility for the consequences of your usage of the content and the website lies solely with you.
  • Subject to applicable law, Sports Boulevard shall not be liable for any direct, indirect, consequential, incidental, or economic loss or damages, including but not limited to loss of profit, loss of data, injury, loss of honor, dignity and/or goodwill resulting from the use of the website or the Sports Boulevard Voucher.

Links and Third-Party Websites

  • Sports Boulevard may in its discretion enter into agreements with suppliers to advertise or offer their goods or services through the website.
  • Sports Boulevard may include links to third party websites at any time. However, the existence of a link to another website should not be consider as an affiliation or a partnership with a third party or viewed as an endorsement of a particular website unless explicitly stated otherwise.
  • Sports Boulevard will always clearly indicate the goods or services offered by companies other than us.
  • 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.
  • No personal information (such as name, contact details, email address, postal address, etc.) will be used in the course of serving our advertising. However, our affiliates or third-party advertisers may leave or recognize a unique “cookie” on your browser. More information about this is provided in our Privacy Policy. These cookies will not collect personal information about you, and they are not connected to any of your personal information. Learn more about by reading our Privacy Policy on the website.

Links to and from other websites

  • Sports Boulevard may provide links to third party websites, solely for the purpose to provide information.
  • Sports Boulevard has no control over the content, goods or services of these websites, and will not be liable for any damages, including economic and consequential loss that you may suffer as a result of any use of these websites or these websites not being available for any reason.
  • It may be possible for users to access microsites (that is, auxiliary websites that are supplementary to the primary website, sportsboulevard.co.ke). This access may be made possible within or otherwise through external hyperlinks.

Intellectual Property Rights

  • We or the licensors or third party owners own all intellectual property rights (including but not limited to copyright, trademarks, patents, service marks, trade names, designs) in the website or informational material on the website or accessed through the website, including but not limited to designs, graphics and text, photos, music, software, video, sound and their arrangement and selection, and all software compilations, underlying source code and software (including scripts and applets), and it shall at all times remain the property of Sports Boulevard or that of our licensors.

Order Pricing

  • We are determined to provide the most accurate pricing information on the website 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. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

No Waiver

    • No waiver of any provision of these Terms and Conditions, nor consent by Sports Boulevard to the breach of or departure from any provision of these Terms and Conditions, will in any event be binding on or effective against Sports Boulevard unless it be in writing and signed by a duly authorized representative of Sports Boulevard.
    • Any such waiver will be effective only in the specific instance and for the specific purpose for which given and shall not apply to any future defaults, regardless of whether said future default is of a same or different nature.

Liability of Parties on the Sports Boulevard Platform

  • Sports Boulevard operates a marketplace which is open for third-parties to sell their products on our website. None of the products listed on the Sports Boulevard website are owned or sold by us, neither are we involved in the actual sale transaction between the Customers and Suppliers on the website.
  • The Customer and Supplier agree that we would be held free from any liability in contract, pre-contract or other representations in tort, for all transactions conducted on Sports Boulevard.

Deliveries and Returns

  • Sports Boulevard handles delivery of products to customers within Kenya through our logistics partners.
  • Sports Boulevard makes every effort to deliver goods within the estimated timescales set out on our website; 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 Supplier liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms and Conditions of Service if the same is wholly or partly caused whether directly or indirectly by circumstances beyond our reasonable control.
  • For more information on deliveries and returns please see our Deliveries and Returns Policy.

No Waiver

  • No waiver of any provision of these Terms and Conditions, nor consent by Sports Boulevard to the breach of or departure from any provision of these Terms and Conditions, will in any event be binding on or effective against Sports Boulevard unless it be in writing and signed by a duly authorized representative of Sports Boulevard.
  • Any such waiver will be effective only in the specific instance and for the specific purpose for which given and shall not apply to any future defaults, regardless of whether said future default is of a same or different nature.
  • No granting of time or other indulgence or forbearance by us to you shall in any way discharge, release or otherwise affect your liability in terms of this Agreement.

Applicable Law

These Terms and Conditions and any non-contractual obligations arising out of or in connection with this Terms and Conditions and the relationship between the parties shall be governed by, and interpreted in accordance with, Kenya law.

Dispute Resolution

  • You agree that should any dispute arise with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of these Terms and Conditions of Service, the parties to such dispute shall in the first instance attempt to resolve such dispute by amicable negotiation.
  • If such negotiations fail to achieve a resolution within fifteen (15) days, either party may declare a dispute by written notification to the other party, whereupon such dispute shall be referred to arbitration under the following terms:
    • such arbitration shall be resolved under provisions of the Kenyan Arbitration Act 1995 (as amended from time to time);
    • the tribunal shall consist of one arbitrator to be agreed upon between the parties failing which such arbitrator shall be appointed by the Chairman for the time being of the Chartered Institute of Arbitration upon the application of any Party;
    • the place and seat of arbitration shall be Nairobi and the language of arbitration shall be English;
    • the award of the arbitration tribunal shall be final and binding upon the parties to the extent permitted by law and any party may apply to a court of competent jurisdiction for enforcement of such award. The award of the arbitration tribunal may take the form of an order to pay an amount or to perform or to prohibit certain activities; and
    • notwithstanding the above provisions of this clause, the website reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts pending the final decision or award of the arbitrator.

Severability

If any provision or part of a provision of these Terms and Conditions of Service shall be, or be found by any court or tribunal of competent jurisdiction to be, invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions or parts of such clauses of these Terms and Conditions of Service, all of which shall remain in full force and effect.

General

  • No Partnership/Agency: The agreement between you and Sports Boulevard shall not be considered to establish a partnership, joint venture or agency relationship at any time.
  • Assignment: You may not delegate or assign or in any other way deal with any or all of your obligations or rights in terms of these Terms and Conditions. Sports Boulevard shall have the right to assign or in any other way delegate any or all of our obligations or rights to any person under this Agreement.
  • Force Majeure: Sports Boulevard shall not be liable for any breach of the agreement in any circumstances where we are unable to carry out our obligations due to causes that are reasonably beyond our control, including but not limited to malicious damage, explosion, failure systems, compliance with any law, and/or accident, or by any resultant damage of such events.
  • Entire Agreement: The Terms and Conditions include all the terms and conditions agreed upon between the parties regarding its subject matter.
  • Notices: You choose as address to receive all notices, the address provided to us when creating your account on the website. We choose as our address our physical office at Block E, Apartment 0.1, KMA Apartments, Upper Hill, Nairobi.
  • Anti-Money Laundering: The Customer confirms that all payments made pursuant to this Agreement are not in contravention of the Proceeds of Crime and Anti-Money Laundering Act, 2009.

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 Service to any third party is prohibited unless agreed upon in writing by the Supplier.
  • 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 Service to any third party.

Department