By accessing and using this Portal, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this Portal including any services provided hereunder.
1. The Online Portal
1.1. This Online Portal accessible on https://www.kaz-out.com (hereinafter referred to as the “Portal”) is owned and operated by Lively Up Ltd, a company having its principal place of business at Maison Blanche, Pamplemousses, bearing Business Registration Number C12109429 (hereinafter referred to as « Lively Up »).
1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:
- Registration Policy
- Products & Services Policy
- 3 Policy
- Cancellation of Order & Refund Policy
- Returns & Refund Policy
- Liability & Disclaimer Policy
The above policies shall collectively be referred to as the “Policies”.
1.3. These Terms & Conditions apply to persons purchasing Products or Services from the Portal, as well as any persons visiting same.
1.5. Lively Up Ltd reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you to read and acknowledge these Terms & Conditions each time you access the Portal.
2. Definitions and Interpretation
2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:
2.1.1. “Business Day” means any day of the week other than Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.2. “Calendar Day” means any day of the week, including Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.3. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person;
2.1.4. “Intellectual Property” means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by Lively Up Ltd on or in connection with this Portal;
2.1.5. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by Lively Up Ltd in connection with this Portal, as well as, all available information regarding marketing and promotion of the Products and Services described in this Portal, as well as all and any modifications or improvements to any of them;
2.1.6. “Lively Up Ltd” will include the employees, officers, advisers, service providers, suppliers and content providers of Lively Up Ltd;
2.1.7. “Products & Services” products, devices, accessories, content, any other products or services which may be offered by Lively Up Ltd on the Portal;
2.1.8. “Trade Marks” means those trademarks owned by companies within Lively Up Ltd and any other trademarks, designs, logos, style names and slogans which Lively Up Ltd either owns or has the right to use or any derivative service offerings of, and applications for, any of same;
2.1.9. “Portal Material” means the contents of this Portal, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Portal;
2.1.10. Terms like “you”, “your”, “Customer” refers to any person accessing the Portal and/or registering on the Portal.
3. Capacity to Contract
You hereby warrant to Lively Up Ltd that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the Portal under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.
4. Modification of these Terms & Conditions
4.1. These Terms & Conditions shall commence from the date on which they are published on the Portal and continue indefinitely. Lively Up Ltd reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the Portal at any time, with no liability or recourse to you.
4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the Portal for any such amendments.
4.3. Lively Up Ltd will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the Portal, which you will be required to accept before using the Portal.
4.4. If you choose to visit the Portal, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius.
5. Other Terms and Conditions
Certain Products & Services offered on the Portal may be subject to specific terms and conditions as indicated on that part of the Portal (see Product conditions & Services Policy) and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant Products & Services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.
6. Login and Registration
Prior to any online purchase, you have to register your details online in order to initiate any order whether prepaid or postpaid transaction. (Please refer to the Registration Policy)
7. Portal Material – Scope of Permitted Use
7.1. Subject to the provisions of these Terms & Conditions, you may only download, view and print the Portal Material online restrictively for your own personal use and only for non-commercial purposes.
7.2. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Portal. You must get Lively Up Ltd’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the Portal Material, whether electronically or otherwise.
7.3. You may not use this Portal or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.
7.4. You may not link to any page on this Portal or frame same or any of the pages on this Portal in any way whatsoever without the prior written permission of Lively Up Ltd. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
7.5. You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.
7.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the Portal.
8. Your behavior when using the Portal
8.1. You may not use the Portal to obtain or distribute:8.1.1. Material which is defamatory, unlawful or contains hate speech; or
8.1.2. Bulk e-mail, whether solicited or unsolicited.
8.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Portal or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.
8.3. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
8.4. You may not intercept any information transmitted to or from Lively Up Ltd or this Portal which is not intended by Lively Up Ltd to be received by you.
9. Disclaimer and Limitation of Liability on this Portal
The use use of the Portal and reliance on any Products & Services is subject to the Liability & Disclaimer Policy.
10. Warranties and Indemnities
You hereby indemnify Lively Up Ltd and its officers, directors, employees, representatives or contractors or other persons for whom in law Lively Up Ltd may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the Portal or its material or your breach of these Terms & Conditions.
11. Governing Law
This Portal is hosted, controlled and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.
12. Whole Agreement
12.1. These Terms & Conditions, together with the Policies, constitute the whole agreement between you and Lively Up Ltd relating to your access to and use of the Portal.
12.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which Lively Up Ltd may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by Lively Up Ltd of any of Lively Up Ltd’s rights and Lively Up Ltd shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
14.1. In the event that any claim, matter or dispute arises between you and Lively Up Ltd arising out of or in connection with your use of the Portal, same must be referred to the Customer Services Department by contacting our Customer support department on 2459998 or by email on firstname.lastname@example.org. Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.
14.2. Notwithstanding the clause 14.1, Lively Up Ltd reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that Lively Up Ltd is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Portal or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.
14.3. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of Lively Up Ltd, including but not limited to, for the collection of any outstanding debts due and payable by you to Lively Up Ltd.
15. Address for delivery of notices
Lively Up Ltd chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:
Lively Up Ltd
Attention: General Manager
16. Removal of Access
Lively Up Ltd may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the Portal at any time. Lively Up Ltd may also impose limits on certain features and services or restrict your access to any or all of Portal or Portal material without notice or liability.
17. Intellectual Property Rights
All the content, Trade Marks and data (including copyrighted content) on the Portal, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Lively Up Ltd and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the Portal, including these Terms & Conditions, vested in Lively Up Ltd and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the Portal including by framing or similar means is prohibited.
18. Electronic Communications
You consent to receive communications from Lively Up Ltd electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by Lively Up Ltd for the purposes of these Terms and Conditions.
By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from Lively Up Ltd from time to time.
20. Registration Policy
1.1. This Registration Policy must be read together with the Terms and Conditions for Lively Up Ltd Online Portal and the Policies indicated therein.
1.2. Customers are free to browse the Portal without registration, but registration is mandatory for the customer to be able to perform the following:
- Make online Purchases
- Receiving newsletters with exclusive online offers
- Opening an online account
1.3. Customers will need to provide the following details to process their registration:
- Mobile Phone Number
- A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts)
1.4. Online registration is free of charge for the Customer.
1.5. Lively Up Ltd shall use all reasonable endeavours to protect the Customer’s information submitted on the Portal in line with the Data Protection Act.
1.7. Customers need to enter their email (e-mail address provided under Clause 1.3 above) and password (obtained upon registration) to log-in online.
1.8. Payment can be made by internet banking or juice system
1.9. The Customer agrees that:
- He will keep his username and password safe, and will not share them with anyone.
- He will not surrender his account to someone else.
- He takes full responsibility in case he allows someone else to place an online order using his account credential.
- He will not pass himself off as someone else or create multiple, false accounts.
- He will not use the account for any unlawful purposes
1.10. The Customer acknowledges and accepts sole responsibility for the correctness and accuracy of all information provided during the registration process. The Customer shall keep Lively Up Ltd harmless from any claims and/or losses arising from any incorrect information provided by the Customer during registration on the Portal.
1.11. The Customer is responsible for keeping his registration information confidential and for any activity on his account, notwithstanding that it may have been used by any other person with or without his knowledge or authority. If he suspects any unauthorized use of his account, he must immediately inform Lively Up Ltd on 2459998 or via email on email@example.com without any delay. Upon receiving this notification, Lively Up Ltd may reject any orders not yet executed and deactivate the Customer’s password and account. Lively Up Ltd will not in any case be held responsible for any losses suffered by the Customer due to the unauthorized use of his account. The Customer further agrees to hold Lively Up Ltd harmless from any losses resulting from his non-compliance to the clause 1.9.
1.12. To deregister from the Portal account, the Customer must send an email to firstname.lastname@example.org . The process will be undertaken by latest the next business day and a confirmation email will then be sent to the Customer.
2.1. The Customer is responsible for maintaining the confidentiality of his account and password obtained upon registration and for restricting access of third parties to his account. The Customer agrees to accept full responsibility for all activities that occur under his account and/or through the use of his password.
2.2. During registration on the Portal, the Customer will be asked to choose a login name and a password to access his account. His email address will be used as his login name.
2.3. If the Customer forgets or loses his password, the password can be reset online.
2.4. The Customer should change his password on a regular basis.
2.5. The Customer should be precautious with automatic sign in; and must refrain from checking the “remember me” option on the application form screen if he uses a shared computer.
2.6. The Customer should notify his Bank immediately when his bank card is lost, stolen or expired.
2.2.1. Lively Up Ltd undertakes to protect the information provided by the Customer in compliance with the Data Protection Law of Mauritius.
2.2.3. Lively Up Ltd will receive and store any information the Customer enters on the Portal or provides in any other way. Lively Up Ltd shall use the information that the Customer provides for such purposes as responding to his requests, customizing future shopping for him, improving its stores, and communicating with him.
Lively Up Ltd automatically collects certain personal information when the Customer is using the Portal and mobile applications, such as the customer’s IP address, browser type, operating system, mobile carrier, ISP, URLs of sites from which the Customer arrives or leaves the Portal and/or mobile applications and sites that have embedded Lively Up Ltd’s platform technology. Through cookies and other technologies Lively Up Ltd is able to recognize the Customer as an existing or registered user of the Portal and/or mobile application.
A cookie is a tiny data file that resides on the Customer’s computer, mobile phone, or other device, and allows Lively Up Ltd to recognize the Customer when he returns to the Portal using the same computer and web browser.
2.2.5. Lively Up Ltd may use the Customer’s personal information as follows:
To better understand the Customer’s needs and to provide a better overall service by contacting the Customer in relation to the Products and Services provided by Lively Up Ltd.
- To inform the Customer about deals and promotions that Lively Up Ltd may have, by sending promotional materials or details by e-mail or post.
- To contact the Customer regarding account status, changes to the Terms and Conditions and other matters relevant to the underlying services.
- To fulfill the Customer’s transaction requests, and to deliver the ordered products to the Customer.
- As requested by law.
2.2.6. The Customer’s personal information can only be disclosed to third parties where required or as authorized by the Law.
2.2.7. Lively Up Ltd does not store any of the Customer’s Credit Card information. This information is held by Mauritius Commercial Bank online payment gateway who is the payment processor, and is PCI DSS certified by the Card Association (VISA and MasterCard) as per international compliance norms for VISA and MasterCard.
Secure On-Line Payment SECURE ON LINE PAYMENT FROM MCB BANK (Mauritius Commercial Bank) Online ordering is simple and secure, all Visa and MasterCard’s are accepted. Transactions are processed using MCB online payment gateway, a secure, highly respected and internationally recognised payment service. All transactions are completely secure and payments are processed via secure servers of the MCB Bank itself that encrypt your credit card details. WE DO NOT ENCRYPT ANY DATA OF YOUR CREDIT CARD OR CREDIT NUMBER; ALL IS SECURED AND ENCRYPTED BY OUR PAYMENT GATEWAY BANK (Mauritius Commercial Bank). When buying online from www.kaz-out.com, your contact details, such as name, address and email address are collected, to enable your order to be processed for confirmation and dispatch emails to be sent to you. However, you will not be asked for your credit card details whilst on this site. When you are ready to pay you will be redirected to the secure MCB Payment Gateway.
2.2.8. Lively Up Ltd makes no warranty that:
- The Portal will meet the Customer’s requirements or will always be accessible;
- The Portal will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code;
- The results that may be obtained from the use of the Portal will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by the Customer through the Portal will meet his expectations; and
- Any errors in the Portal will be corrected.
23 Product & Services Policy3.1. Online purchase (for purchase products)
3.1.1. The Customer must be a registered Customer (kindly refer to the Registration Policy) to be able to make online purchases and payments.
3.1.2. Payment for Products & Services shall be made in local currency (Mauritian Rupee).
3.1.3. The Customer can choose from the following payment methods at the moment of placing an online order:
a) Online payment using MasterCard or VISA Card
b) Internet banking transfer
C) Pay on Delivery by cash payment or Debit / Credit card payment with the Lively Up Ltd delivery agent.
3.1.4. Value Added Tax (VAT) is included in the showcase price.
24. Cancellation of Order & Refund Policy
Tickets are only validated once payment for the order has been made. No cancellation of booking is possible. Also ticket cannot be resold at a price higher than the value range, all taxes included on the ticket. Any holder of such a ticket will be refused entry. Tickets cannot be returned, exchanged or refunded.The recipient of the ticket must comply with the regulations and use in the place, regardless of the performance.The buyer when handing over the ticket, verify the name, date and time of the show / event and the price contained therein. No complaint will be accepted thereafter.If the show / event has to be stopped beyond half of its length, tickets will not be refunded.If the show / event date is changed, tickets will be validated on the new date set by the producer.In case of cancellation of a show / event by the organizer, only the price mentioned on the ticket will be refunded. The customer will not be able to claim a refund in the event of cancellation made by the customer.
28. Liability & Disclaimer Policy
8.1. Lively Up Ltd will not be responsible nor liable for any losses suffered by the Customer resulting from the rejection of transactions, the non-processing of bank card payment, delay in delivery of products or for any other reasons beyond Lively Up Ltd’s control including but not limited to insufficient funds in the Customer’s account, network downtime, expired bank card.
8.2. Lively Up Ltd shall not be liable for the unavailability of the Portal in the event of a Force Majeure or for acts of omissions of persons or bodies for whom Lively Up Ltd is not responsible or any other cause, whether similar or dissimilar, outside Lively Up Ltd’s control.
8.3. No liability of any nature whatsoever shall be incurred by Lively Up Ltd on the happening of a force majeure or any such events as aforesaid.
8.4. Lively Up Ltd does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed on, linked to or distributed through the Portal. The Customer acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his sole risk. Lively Up Ltd reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Portal and the Products & Services listed herein.
8.5. The Customer agrees that under no circumstances whatsoever, Lively Up Ltd , its employees, representatives or contractors may be held liable for any indirect, extrinsic, special, penal, punitive, exemplary or consequential loss, damage or damages of any kind whatsoever or howsoever caused (whether arising under contract, delict, negligence, or otherwise and whether the loss was actually foreseen or reasonably foreseeable), including but not limited to any loss of profits, loss of revenue, loss of operation time, corruption or loss of information or data and/or loss of contracts sustained by the Customer, his directors, employees, dealers or customers, resulting from his use of or inability to use the Portal or its material.