This web site, including but not limited to the information, data, software, software tools, and other intellectual property that is made available on this site, are the property of the Softkenya and its third party licensors (“Content Providers”). Use of this site is granted to you by Softkenya without charge, subject to the terms and conditions of these Terms of Use (“Agreement”).
YOU MUST READ THIS AGREEMENT BEFORE USING THIS SITE. Your use of any portion of this site is subject to your agreement to the terms and conditions of this Agreement. Your use of this site constitutes acceptance of this Agreement. As used in this Agreement “you” or “your” will be deemed to mean both you and your company or other legal entity. If you do not accept the terms and conditions of this Agreement, then you must immediately discontinue all use of this site.
: Use of this site is solely at softkenya’s discretion, and softkenya reserves the right to block you from accessing, or using this site at any time, without cause and without notice. You are not granted any rights, other than the limited non-exclusive, terminable right to use the site to process your business’ data and the right to review and print the results of such processing and other information contained in the site according to the terms of this Agreement. You agree to comply with all applicable laws and regulations regarding your use of this site. softkenya and its Content Providers retain the right to modify, suspend, or discontinue any portion of this site at any time, without notice.
Intellectual Property: You acknowledge the proprietary rights of Softkenya and its Content Providers in this site. You agree that all trademarks, including titles of all Content, as well as to all commercial identification marks and trademarks belonging to Softkenya or the Content Providers shall solely and wholly originally belong to and remain with Softkenya or the Content Providers. Nothing in this agreement shall give you any rights in relation to the trademarks belonging to Softkenya or the Content Providers. You acknowledge that all rights, titles and interest in and to all other intellectual property rights in this site (including, without limitation, copyright, trade secrets, patents, and patent rights) are and shall remain with Softkenya and its Content Providers.
Disclaimer of Warranties: THE RIGHTS GRANTED TO YOU IN THIS AGREEMENT ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND. Softkenya AND ITS CONTENT PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING AND WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION. YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS AND ACCURACY OF ALL INFORMATION MADE AVAILABLE ON THIS SITE. NEITHER Softkenya NOR ANY CONTENT PROVIDER WARRANTS THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER Softkenya NOR ANY CONTENT PROVIDER IS RESPONSIBLE FOR THE CONTENT OF ANY WEB SITES LINKED TO THIS SITE. LINKING TO OTHER WEB SITES FROM THIS SITE IS AT YOUR OWN RISK. INFORMATION, DATA, ADVICE AND OPINIONS MADE AVAILABLE ON THIS SITE ARE INTENDED AS A REFERENCE AND FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT TO BE RELIED UPON. YOU OUGHT TO CONSULT WITH YOUR ATTORNEY, ACCOUNTANT OR OTHER BUSINESS PROFESSIONAL FOR ADVICE SPECIFIC TO YOUR BUSINESS.
No Endorsement: The views and opinions contained in this site are not necessarily those of Softkenya, or any of the Content Partners.
Disclaimer of Damages: NEITHER Softkenya NOR ITS CONTENT PROVIDERS SHALL BE LIABLE TO YOU FOR DAMAGES OF ANY NATURE INCLUDING, BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF Softkenya OR THE CONTENT PROVIDER HAS BEEN NOTIFIED THAT SUCH DAMAGES MAY OCCUR IN THE EVENT THAT THE SITE IS DEFECTIVE OR DEFICIENT.
Indemnity: You agree to defend, indemnify and hold softkenya and any Content Provider harmless from and against any damage, loss, liability or expense (including reasonable attorney’s fee) that softkenya or a Content Provider may suffer or incur as a result of any claim attributable to or based upon your use of this site.
Changes: Softkenya reserves the right to modify any part of this Agreement at any time. Any modifications shall be effective upon posting to this site. You agree to review this Agreement prior to each use of this site so that you are aware of any such modifications. Your continued use of this site after any such modifications have been posted shall be deemed to be an acceptance of any modifications to the Agreement. If, at any time, this Agreement is not acceptable to you, you should immediately cease use of this site.
Content Providers Rights: You acknowledge that the provisions of this Agreement are intended to inure to the benefit of the Content Providers. If you breach any of these provisions, the applicable Content Provider(s) will be entitled to enforce this Agreement directly against you, whether in the Content Provider’s or Softkenya’s name. You further acknowledge that Softkenya executes this Agreement as principal on its own behalf and exclusively to accept or otherwise perfect the Content Providers’ rights against you, as agent on behalf of the Content Providers.
General: Nothing in this Agreement will be construed to make Softkenya, its Content Providers, or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of the other. No party will have or represent itself to have any authority to bind the other to any obligation. If any provision of this Agreement is held to be unenforceable, this holding will not affect the validity of the other provisions of this Agreement. This Agreement will be governed by and interpreted in accordance with the laws of Kenya. This Agreement, at the option of Softkenya, may be enforced against you in the kenyan courts, the courts of the country in which you reside, or any other appropriate jurisdiction, or concurrently in more than one jurisdiction. Subject to the foregoing option of softkenya, any controversy or claim arising out of or relating to this Agreement or that contests the validity of this Agreement, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules from time to time in force. The place of arbitration shall be Nairobi Kenya, and the arbitration will be conducted in English. The parties hereby waive any rights under any applicable law to appeal any arbitration award or to seek determination of a preliminary point of law with respect to such proceedings. Nothing in this Agreement and no submission by Softkenya to arbitration shall be construed as a waiver, renunciation or modification of any immunities, privileges or exemptions of softkenya accorded under its Articles of Agreement, international convention or any applicable law. This Agreement constitutes the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this site, and supersedes all other agreements with respect to the subject matter hereof.
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