The Kaziconnect website is a service that allows Kaziconnect subscribers and visitors to have a Kaziconnect contents which would enable our subscribers to access information.
The following terms and conditions govern your access and use of this website ("Site") and the content and services offered to you through this Site including the Kaziconnect Forum Service, Kaziconnect Trade and Kaziconnect Advertising ("the Services") offered to you through this website ("Site").
2.1 In order to access any of the Services you will be required to accept these terms and conditions. You will be deemed to have accepted these terms by:
2.2 We suggest that you print out and keep a copy of these terms for your records. In addition to these terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
4.1 You, and any persons you allow to use the Services through your access to the Services, are not allowed to:
4.2 You are responsible for any misuse of the Services even if it is by another person using your access to the Services.
4.3 We reserve the right to block, remove, edit or refuse to post any material that you attempt to transmit through the Services that we deem to be in contravention of these terms and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these terms. If you become aware of any content or material circulated using the Services and that is in breach of these terms or content or material on the Site that is similarly in breach of these terms then we encourage you to promptly inform us by contacting our customer care service. We are not responsible or liable for any failure to remove, block or delay in removing, any such infringing content or material or third party material from the Service or for any good faith but wrongful removal of third party material.
Kaziconnect may hold and use information provided by you for a number of purposes, which may include:
You will need to provide all equipment necessary to access the Service. If your equipment does not support the relevant technology allowing you to access the internet then you will not be able to use this Service.
Kaziconnect will currently not charge you to sign up/register for the Services, obtain an email address or vary or change the email address save as may otherwise be communicated by Kaziconnect from time to time. However, Kaziconnect reserves the right to charge for access or all of Services in the future, subject to a clear notice when accessing Services that are charged. Furthermore, you will however be liable for the cost of accessing the internet at such rates as may be prescribed by Kaziconnect from time to time.
7.1 Although Kaziconnect will take all reasonable steps to ensure that the Services are available to you at all times, it cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, planned maintenance or rectification work, or your equipment may interfere adversely with the quality and provision of the Services. We therefore do not warrant and shall not be liable for any delay or failure to send, receive or process messages, pictures, video clips and other communications or the quality of the materials received.
7.2 You accept and recognise that the internet is not a secure environment and as such messages, pictures, video clips and other communications may be intercepted or accessed by those other than the intended recipient, manipulated, distorted, adapted, modified, stored or forwarded by others to you which may give unauthorised persons access to information stored on your PC or mobile device or may cause damage to your PC or mobile device. Kaziconnect accepts no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third parties. You will be required to take reasonable precautions while accessing websites, sending or receiving emails using the Services.
7.3 Kaziconnect may establish limits concerning the use of the Services for example the maximum size of an email message that may be sent or received, the maximum capacity allocated to you for storage and/or transmission of Content on/through the Network which you access via the Services.
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services ("Content") is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these terms. If you wish to use the Content for any other purpose other than reviewing it on the Site then you will be required to obtain the prior written permission of the owner of the rights in that material. All rights are expressly reserved.
Having noted the above you shall not be entitled in respect of any Content (wholly or partly):
To pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or
To change, edit, modify, reformat or adapt it in any other way.
The information contained in this Site may be out of date and/or may contain other errors or omissions. Kaziconnect provides the Service and Content on the Site "as is" and makes no warranties of any kind, either express or implied with respect to the Service and/or the Content (including without limitation regarding their satisfactory quality, freedom from viruses or other harmful components, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these terms.
Kaziconnect explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites and as such any transaction you make with a third party flowing from such links is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
We shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
Your use of, reliance upon or inability to use our Service and/or Content;
The deletion with or without notice or cause of any of your data or information stored on the Service;
Any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time;
The removal from the Service of any material sent or posted by you on or via the Service and/or the blocking or suspension of your access to the Service or any part of it in accordance with these terms.
If you are dissatisfied with any part of the Service or with any of these terms, your sole and exclusive remedy is to discontinue using this Service.
You irrevocably agree to indemnify us (Kemka Consult Limited), and any of our third party providers ("together indemnified persons")fully against and to hold the indemnified persons harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by the indemnified persons as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these terms. We shall notify you of any claim that we or any of the other indemnified persons receives and you hereby agree to provide us and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide us and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at your sole expense.
13.1 Kaziconnect reserves the right to vary the terms and conditions of this Agreement at any time by placing the revised terms and conditions on its websites www.kaziconnect.co.ke and www.kaziconnect.com and you will be deemed to have been bound by such variation by continuing to use the Services. You should periodically check the websites www.kaziconnect.co.ke to make yourself aware of any variations.
13.2 The construction, validity and performance of these terms and conditions shall be governed in all respects by the Laws of Kenya.
13.3 If any provision of these terms and conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, such a term shall be amended or at the discretion of Kaziconnect it may be severed from these terms and conditions and the remaining provisions of these terms and conditions shall remain in full force and effect.
13.4 Except where this terms and conditions provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by Kaziconnect to enforce at any time or for any period any one or more of the terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.
13.5 No delay or failure by Kaziconnect shall constitute a breach or give rise to any claim for damages or loss of anticipated profits if such delay or failure is caused by force majeure. Force majeure shall mean an occurrence which is beyond and without fault or negligence of Kaziconnect affected and which Kaziconnect is unable to prevent or provide against by the exercise of reasonable diligence including, but not limited to, acts of God or of the public enemy, appropriation of confiscation of facilities, terrorists activity or other catastrophe, strike or any other concerted acts of employees or other similar occurrences.
13.6 You shall not assign these terms and conditions to a third party. Any unauthorized assignment or attempt to assign will automatically terminate this Service. Kaziconnect may assign these terms and conditions in whole or part to any third party at its discretion.
13.7 You acknowledge and agree that in entering into these Agreement you do not rely on, shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions as a warranty. Nothing in this clause shall, however, operate to limit or exclude liability for fraud.
14.1 We may suspend, vary or terminate your use of the Service or the Site without compensation for any period during which:
Kaziconnect is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
Kaziconnect reasonably suspects or believes that you are in breach of these terms and conditions;
Such a suspension or variation is necessary as a consequences of technical problems or for reasons of safety;
In order to update or upgrade the contents or functionality of the Service from time to time;
Upon any detection of abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Service;
Subject to MSISDN expiry rules as defined by Kaziconnect from time to time;
Where you remain inactive for any period of time chosen by us in our reasonable discretion or where we believe, in our sole and absolute discretion;
Kaziconnect suspends the provision of the Services for its commercial reasons or for any other reason as it may determine in its absolute discretion.
14.2 If we suspend your access to the Service to investigate or prevent a potential breach of these, terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.
14.3 If your access to the Services is terminated for any reason then we may proceed to delete all information, emails and data that you have stored on the Service. We therefore recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.
14.4 If we terminate your access to the Service for material breach of these terms (including non-payment of any sums due by you-where applicable) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date.
14.5 In the event that we decide to permanently withdraw the Services then we shall communicate this decision using such means as we shall deem appropriate including through the use of broadcast SMS. However please remain aware that depending on the nature of the reason for the suspension, change or termination of the services it may not always be possible to give advance notice. Consequently Kaziconnect shall not be liable to you for any ensuing loss or damages occasioned to you from such a suspension, change or termination. Termination shall however not affect the accrued rights and liabilities of either you or us.
14.6 You may terminate your use of the Services at any time by sending a message to the email address email@example.com from your account or following such other instructions as may be communicated on the website or contacting us, as set out above. Termination of the Service will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Services.