The terms “Eenovators”, “us” or “we” refer to the owner of the website whose registered office is Suite 103/104A First floor, Repen Complex, Mombasa Road, Kenya. The term “you” refers to the user or viewer of our website.
The Website is intended for use by adults or by persons 18 years old or the legal age of majority in your country, state or province of residence who are authorized and supervised by an adult at all times. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your country or place of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
- The content of the pages of this website is for your general information and use only. It is subject to change without notice. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site, including but not limited to signing up for our products, executing instructions through our website and any other actions.
- Although we make reasonable efforts to update the information on our site, neither we nor any third parties make any representations, warranties or guarantees as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.
- You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.
- We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of our website for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of anticipated savings;
- loss of goodwill; or
- any indirect or consequential loss.
- Whilst every care has been taken in preparing the materials and information contained in this website, such materials and information are provided on an “as is” basis without representation or warranty of any kind, express, implied or statutory regarding non-infringement, security, accuracy, reliability, fitness for a purpose or freedom from computer viruses is given in connection with such materials and information.
- Geographic, political, economic, statistical, financial and exchange rate data are presented in certain cases in approximate or summary or simplified form and may change over time. Reliance has been placed by the editors on certain such data obtained externally statistical data which, though believed to be correct, may not in fact be accurate. We accept no liability for any loss or damage arising directly or indirectly (including special, indirect, incidental or consequential loss or damage) from action taken, or not taken, by or for you or otherwise, in reliance on materials or information contained in this website. In particular, no warranty is given that any materials, information or data contained in this website are accurate, reliable or up-to-date.
- We accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this website, howsoever arising, including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this website, its contents or associated services, or due to any unavailability of the website or any part thereof or any contents or associated services, where such events arose out of circumstances outside our reasonable control.
- Please note that any software downloaded from this website is at your own risk and we neither assume nor accept liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of this website, where such events arose out of circumstances outside our reasonable control.
- Any hypertext link from this website exists for information purposes and are for your convenience only and we accept no liability for any loss or damage arising directly or indirectly (including specific, incidental or consequential loss or damage) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites linked. Our inclusion of hyperlinks does not imply any endorsement of the materials on such sites linked.
- We do not guarantee that any e-mails from the website will be sent to you or received by us nor do we warrant the privacy and/or security of e-mails during internet transmission which is outside our reasonable control. We accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from failure of any internet transmission (including e-mails correspondence) from this website or otherwise.
- You hereby agree to indemnify and to keep us fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) which we may incur and which directly or indirectly arise out of, or are connected with your use of this website. For avoidance of doubt and without limiting the foregoing, we shall have the right to defend itself through counsel of its choice.
- This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website may lead to a claim for damages and/or be a criminal offence.
- We reserve the right in our discretion to change at any time without prior warning or notice any information or material contained on this website and we are entitled to from time to time to amend the terms and conditions under which this website is used without prior notice to you. If you continue to access to this website or use any of the online services after such modification, you are regarded to have agreed to be bound by such modified information, material, and terms and conditions.
- We may terminate these terms and conditions, your access to this website and use of online services at any time, without prior notice to you.
- You may not create a link to this website from another website or document without our prior written consent.
WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixel, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
- your Contributions are not false, inaccurate, or misleading.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits persons under the age of 18 in a verbal, sexual or violent manner.
- your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site.
Indemnity for user instructions
- Notwithstanding the terms of any mandate or other agreement or course of dealing between you and us, you hereby authorize us (but we are not bound) to rely upon and act in accordance with any notice, demand or other communication which you may from time to time give, or purport give through our website either by yourself or through your authorized representative (without inquiry on Eenovators ’s part as to the authority or identity of the person making or purporting to make such notice, demand or other communication) and regardless of the circumstances prevailing at the time of such notice, demand or other communication.
- We shall therefore be entitled to treat such email notice, demand or other communication as fully authorized by and binding upon the you and we shall be entitled (but not bound) to take such steps in connection with or in reliance upon such communication as we may in good faith consider appropriate, regardless of the nature of the transaction or arrangement or the amount of the money involved and notwithstanding any error or misunderstanding or lack of clarity in the terms of such notice, demand or other communication.
- In consideration of us acting in accordance with any such notice, demand or other communication, you hereby undertake to indemnify us and to keep us indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred or sustained by us of whatever nature and howsoever arising, out of or in connection with such notices, demands or other communications, provided only that we act in good faith, except where such losses, claims, actions, proceedings, demand, damages, costs and expenses arise through our willful negligence. In this regard any notice, demand or other communication notice, demand or other communication only originate from your use account whose instructions shall be complied with until otherwise advised in writing.
- This indemnity shall remain in full force and effect unless and until we receive, and have had a reasonable time to act upon, notice of termination from you (or your authorized representative) in writing, save that such termination will not release you from any liability under this authority and indemnity in respect to any act performed by us in accordance with the terms of this indemnity prior to the expiry of such time.
- PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
- Binding Arbitration. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
P.O. BOX 50583-00200
[+254 791 839 959; +254 0105521859]