Terms of Service

1. Acceptance of Terms

By accessing, browsing, or utilizing the services provided by Edwak Nutrition ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, you must not use our website or services.

2. Description of Services

Edwak Nutrition provides premium health and wellness consultancy, nutritional planning, and digital content distribution. The specifics of the service deliverables, timelines, and costs are defined during the individual booking and consultation frameworks.

3. Medical Disclaimer

The nutritional content, advice, and consulting services provided on this platform are for informational and educational purposes only. They do not constitute professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider in Kenya with any questions you may have regarding a medical condition.

4. Intellectual Property Rights

In accordance with the Kenya Copyright Act (Chapter 130 of the Laws of Kenya), all website content, including texts, graphics, logos, images, digital downloads, data compilations, software, and AI-generated articles distributed under our brand, are the exclusive intellectual property of Edwak Nutrition and protected by Kenyan and international copyright laws.

5. User Conduct

You agree to use the site only for lawful purposes. You are prohibited from:

• Engaging in any conduct that restricts or inhibits any other user from using the site.
• Attempting to bypass our security measures, rate-limiting (`rate-limit.ts` integrations), or API protections.
• Transmitting or distributing a virus, trojan, worm, or introducing any malicious code.

6. Booking and Scheduling

All consultations and bookings are subject to availability. By submitting a booking request, you agree to provide accurate, current, and complete information. We reserve the right to decline or cancel a booking at our sole discretion, ensuring any pre-paid amounts are refunded appropriately.

7. Payment Terms and Taxation

All fees for services are presented in Kenya Shillings (KES) or US Dollars (USD) as applicable. In strict compliance with the **Kenya Revenue Authority (KRA)** regulations, all applicable services and digital products are subject to a **16% Value Added Tax (VAT)**, which will be explicitly delineated on your final invoice.

Payments must be made prior to the commencement of service or consultation via our approved gateways (e.g., M-PESA, Visa, Mastercard).

8. Cancellation and Refund Policy

Consultations canceled at least 24 hours prior to the scheduled time will be eligible for a full refund or rescheduling. Cancellations made less than 24 hours prior may be subject to a cancellation fee equivalent to 50% of the service cost. Subscriptions for recurring digital content can be canceled at any time, but partial month refunds are not provided.

9. Third-Party Links and Integrations

Our website may contain links to third-party websites or services (e.g., Google Calendar integrations, payment gateways) that are not owned or controlled by Edwak Nutrition. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10. Data Protection and Privacy

Your use of our website is also governed by our Privacy Policy, which is fully compliant with the **Kenya Data Protection Act, 2019**. By using our services, you consent to the processing of your data as described therein.

11. Limitation of Liability

To the maximum extent permitted by Kenyan law, Edwak Nutrition, its directors, employees, partners, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, stemming from your access to or use of the services.

12. Indemnification

You agree to defend, indemnify, and hold harmless Edwak Nutrition and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses resulting from your breach of these Terms.

13. Disclaimer of Warranties

Our service is provided on an "AS IS" and "AS AVAILABLE" basis. Edwak Nutrition makes no representations or warranties of any kind, express or implied, regarding the continuous availability, reliability, or accuracy of the service.

14. Dispute Resolution (Arbitration)

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Act, 1995 (Chapter 49 of the Laws of Kenya). The arbitration shall be conducted by a single arbitrator appointed by agreement between the parties or, failing agreement within 14 days, appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Branch). The seat of arbitration shall be Nairobi, Kenya, and the language shall be English.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the **Republic of Kenya**, without regard to its conflict of law provisions.

16. Amendments to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide formal notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Contact: For any questions regarding these Terms, contact edwaknutritionco@gmail.com.