These Terms of Service (the "Terms") apply to your access and use of the ZAKENYA site (www.ZaKenya.com) and any of its sub-domains. ZAKENYA (hereinafter referred to as "ZAKENYA") services, and all information and Content (as defined in these Terms) on the ZAKENYA site (together with the design, layout and organization and the underlying source HTML files that implement the hypertext features, is hereinafter referred to as the "Site") may be used solely under the following Terms. Please read the Terms carefully and completely before using the Site. By accessing, browsing or using the information or services on the Site, you (the "User") expressly agree to and consent to be bound by the Terms in full. If the following Terms are not acceptable in full, you must immediately terminate your use of the Site. Users accessing or using the Site do so on their own initiative and are responsible for compliance with these Terms. The Site and these Terms may be changed by ZAKENYA, in its sole discretion, at any time without notice. Use of the Site subsequent to any change constitutes the User’s acceptance of the change. Users are advised to read these Terms each time they access the Site for any changes to these Terms.
General use of the Site is free. Users must set up an account through the Site for User to access and use any of the Services. ZAKENYA, in its sole discretion, may accept or reject for any reason a User as a customer of the Services. As a condition to accessing and using any of the Services offered by ZAKENYA on the Site, Users must accept and agree to the Terms of Service set forth elsewhere on the Site.
ZAKENYA responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about this, including directions on how to provide such a notice.
As between ZAKENYA and Users, all right, title and interest in the Site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights - excluding all user contributed content to ZAKENYA, (collectively referred to as the “Content”), is the property of ZAKENYA or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of ZAKENYA or any third party that may own the trademark or copyright of material displayed on the Site. Subject to the User's full compliance with these Terms, the User is hereby granted a non-exclusive, nontransferable, revocable, limited license to view, download, print and use information retrieved from the Site, provided that: (i) it is solely for the User’s own lawful, personal, informational, non-commercial purposes: (ii) the User does not remove or obscure the copyright notice or other notices; (iii) the Content, or any part thereof, is not modified; and (iv) it is automatically done through the User's browser software incidentally to using the Site and/or the Services. Except as expressly provided herein, no part of the Site, including, but not limited to, materials retrieved therefrom and the underlying HTML code, may be used, reproduced, republished, copied, reformatted, displayed, reverse engineered, reverse assembled, transmitted, distributed, licensed, sold, resold or exploited in any form or by any means. In no event shall materials from the Site be stored in any information storage and retrieval system without prior written permission from ZAKENYA. The User understands and agrees that ZAKENYA may alter, suspend or discontinue the Site and/or the Services and may change any information, features and functions of the Site and/or the Services at any time for any reason, without notice, cost or liability. The User further understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which ZAKENYA may undertake from time to time; or (iii) causes beyond the control of ZAKENYA or which are not reasonably foreseeable by ZAKENYA, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. The User acknowledges and agrees that ZAKENYA has no control of the availability of the Site or the Services on a continuous or uninterrupted basis. User shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for User’s use of the Site and the Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and the Services, are compatible with the Site and the Services. While ZAKENYA will endeavor to make timely backups of all reports to the User, the User is responsible to backup all reports made while using the Service. ZAKENYA reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate the User’s access to or use of all or any portion of the Site or the Services.
The Site contains hyper-links to third party websites. The linked sites are not under the control of ZAKENYA, and ZAKENYA is not responsible for, and makes no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for the User’s convenience only and is not intended as and should not be construed as an endorsement or recommendation by ZAKENYA of the linked site or its content. We cannot guarantee that any Submissions made available via the Site will be free of objectionable content. We therefore assume no responsibility for any Submissions on, or otherwise linked to, the Site.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSIBLE, PURSUANT TO APPLICABLE LAW, ZAKENYA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT THE USER’S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, ZAKENYA DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER’S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) THE USER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, ZAKENYA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS’ FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) THE USER’S USE OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO THE USER. IF USER IS UNSATISFIED WITH THE SITE, THE USER’S SOLE AND EXCLUSIVE REMEDY REQUIRES THE USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS ZAKENYA, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN OF ZAKENYA OR ITS AFFILIATES.
You affirm that you are either over the age of 18, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and will abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the ZAKENYA Site.
These Terms shall be governed by the laws of the State of Kenya, as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the courts in the city of Nairobi, in Kenya. Questions about the Terms of Service should be sent to support@ZaKenya.com
ZAKENYA (Suncha Technologies.) may make changes to this Agreement from time to time.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below. To expedite our ability to process your request, please use the following format (including section numbers):
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