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Terms of Service

Effective: November 16, 2025

Please read these terms carefully before using our services.

Important Notice

By using Not Na Ice services, you agree to these terms. If you disagree with any part, please do not use our services.

1. Acceptance of Terms

By accessing and using Not Na Ice's website, mobile app, or services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. These terms apply to all users, including customers, vendors, merchants, and partners.

2. Service Description

Not Na Ice provides:

  • Online ice cream ordering and delivery services
  • In-store pickup options
  • Dine-in services at our Kasarani location
  • Event catering and bulk orders
  • Loyalty rewards program for registered users

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.

3. Account Registration

3.1 Account Creation

  • You must be 18+ to create an account
  • Provide accurate, current information
  • Maintain security of your account credentials
  • Notify us immediately of unauthorized access

3.2 Account Responsibilities

You are responsible for all activities under your account. We are not liable for losses due to unauthorized use. You may not share, sell, or transfer your account.

4. Orders and Payments

4.1 Order Placement

  • All orders are subject to availability
  • We reserve the right to refuse or cancel orders
  • Order confirmation does not guarantee product availability
  • Prices may change without notice

4.2 Payment

  • Payment via M-Pesa is required before order processing
  • All prices are in Kenyan Shillings (KSh)
  • You must ensure sufficient M-Pesa balance
  • Payment failures may result in order cancellation

4.3 Order Cancellation

You may cancel orders within 5 minutes of placement for a full refund. After order preparation begins, cancellations are subject to a 20% processing fee. Contact us immediately via WhatsApp (+254 718 838 381) to cancel.

5. Delivery Terms

  • Delivery is available in Kasarani and surrounding areas
  • Delivery fees vary by location (KSh 50-150)
  • Estimated delivery times are approximate (30-45 minutes typical)
  • We are not liable for delays due to weather, traffic, or unforeseen circumstances
  • You must provide accurate delivery address
  • Someone must be available to receive the order

6. Refunds and Returns

6.1 Quality Issues

If you receive a defective or incorrect product, contact us within 24 hours with photos. We'll provide a replacement or refund.

6.2 Refund Process

  • Approved refunds are processed within 3-5 business days
  • Refunds are issued to the original M-Pesa number
  • Delivery fees are non-refundable unless order is cancelled by us

7. Prohibited Activities

You may NOT:

  • Use our services for illegal purposes
  • Provide false information or impersonate others
  • Attempt to hack, disrupt, or interfere with our systems
  • Resell our products without authorization
  • Abuse promotions or loyalty programs
  • Harass staff or other customers

8. Intellectual Property

All content, trademarks, logos, and materials on our website are owned by Not Na Ice or licensed to us. You may not copy, reproduce, distribute, or create derivative works without written permission.

9. Limitation of Liability

Not Na Ice shall not be liable for:

  • Indirect, incidental, or consequential damages
  • Loss of profits, data, or business opportunities
  • Damages exceeding the amount paid for the order
  • Third-party services (M-Pesa, delivery partners)

Our total liability is limited to the value of your order or KSh 5,000, whichever is less.

10. Disclaimer

Our services are provided "as is" without warranties of any kind. We do not guarantee uninterrupted, error-free, or secure service. Product availability and quality may vary.

11. Governing Law

These terms are governed by the laws of Kenya. Any disputes shall be resolved in Nairobi courts. If any provision is invalid, the remaining provisions remain in effect.

12. Changes to Terms

We may update these terms at any time. Significant changes will be notified via email or website notice. Continued use after changes constitutes acceptance of modified terms.

13. Contact Information

For questions about these terms:

Email: legal@notnaice.co.ke

Phone/WhatsApp: +254 718 838 381

Address: Kwa Mlima Stage, Kasarani, Nairobi, Kenya

Agreement

By using Not Na Ice services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.