Terms of Use

Effective Date: 1st August 2024

1. INTRODUCTION

The Mwangaza Mashariki website (www.mwangazamaharaiki.com ), including all its features and content, is a Service (“The Service”) made available by Mwangaza Maharaiki Ltd. We are incorporated under the laws of Kenya. In these Terms, “MML”, “we” or “us” all refer to Mwangaza Mashariki Ltd.

The Terms are a binding legal contract between you and MML. Please read the Terms carefully before using the Services. Your use of the Services means that you agree to be bound by the Terms. Do not use the Services if you do not accept the Terms.

2. BINDING TERMS

These Terms and Conditions (“Terms”) together with the documents referred to on it are a binding contract between MML and you and explain the terms and conditions on which you may make use of the Service, whether as a guest or as a registered subscriber.

By using our services, You affirm that:

You have read and understood these Terms;
You will comply with these Terms; and
You are at least 18 years old or the age of legal majority in your place of residence or otherwise legally competent to enter into contracts.

If you are using the Services as an employee or agent on behalf of an organisation, you represent to MML that you have the authority to bind that organisation to these Terms.

If you do not agree to these Terms, do not use or access (or continue to access) our Service.

3. UPDATE TO TERMS

MML reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. Please check these terms and conditions periodically for changes. Your continued use of our Services following the posting of changes to these Terms means that you accept those changes.

4. LICENSE AND ACCESS

Subject to your compliance with these Terms and your payment of any applicable fees, MML grants you a limited, non-exclusive, non-transferrable, non-sublicensable and revocable license to access MML Services. You agree that you will not, unless specifically permitted by us through your subscription or otherwise, copy, display, download or distribute any part of the content in any medium including on the Internet and World Wide Web.

MML reserves the right to at any time withdraw from the Service any content, item or part of an item which it no longer retains the right to publish or chooses to no longer offer for any reason, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.

5. ACCOUNT REGISTRATION AND PROFILE CREATION

5.1 Certain features or areas of our Service may require you to register and/or create a user profile (an “Account”) by providing certain profile and contact information. The decision to provide this information is purely optional. However, if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of our Service.

5.2. When you register an Account, you agree to the following:-

You will provide only true, accurate and complete information on all registration pages and that where necessary you will update your personal information by sending an email to us on [email protected]

You will protect the confidentiality and security of your account and password.
You are responsible for all activities that occur under your account or password.
You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph.
MML may use the information you provide to us according to the Privacy Policy posted on this site.

5.3 You are solely responsible for any and all charges, fees and other costs related to the use of the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you agree that you are solely responsible for all charges that you incur from your internet or mobile service provider.

5.4 If you provide (or we have reason to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your Account or we suspect fraudulent or abusive activity, we have the right, among other remedial options, to restrict, suspend or terminate your current or future use of or access to the Service (or any portion thereof), without notice to you. You shall cooperate with us in any fraud investigation and use any reasonable fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.

5. 5 Trial access. We may offer limited pre-subscription trials to potential subscribers and individual users. When you're using MML services on a trial, you are authorized to use one or more of the MML’s Subscription Services for a limited period of time, all as determined by us in our sole discretion. All Authorized Users of Trial Services are subject to the same terms and use restrictions as Subscribers.

6. PRIVACY

Please review our Privacy Policy which also governs your use of our services, to understand our practices.

7. PAID SERVICES

7.1 Certain aspects of our Services may be provided for a fee or other charge. If you elect to use paid features of our Service, you agree to the pricing and payment terms for the applicable Services, as we may update from time to time.

7.2 MML may add new services for additional fees and charges or amend fees and charges for existing services, at any time in its sole discretion. We will give you 30 days’ notice before the additional or amended charges or fees become applicable during which you can stop your use of the particular paying Services. Any change to the fees for such services will become effective the billing cycle following notice of such change to you as provided in these Terms of Service.

7.3 You may cancel your user account or unsubscribe to our services at any time; however, there are no refunds for cancellation.

7.4 All information you provide in connection with a purchase on our Service must be current, complete and accurate. You agree to pay all charges incurred by users of your credit card, debit card, or other payment methods used in connection with a purchase or monetary transaction on our Service at the prices in effect when such charges are incurred.

8. LEGAL DISCLAIMER

MML has used reasonable efforts in collecting, preparing and providing quality information and material, MML does not warrant or guarantee the accuracy, completeness, adequacy or currency of the content. MML shall not be liable to you for any claims relating in any way to your use of the content or your reliance on the information contained in the Content. Please review our Legal Disclaimer to understand our practices.

9. ELECTRONIC COMMUNICATIONS

When you use MML Services, or send emails, text messages and other communications from your desktop or mobile device to us, you are deemed to communicating with us electronically. You consent to receive communications from us electronically such as emails, texts, mobile push notices and you can retain copies of these communication for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

10. INTELLECTUAL PROPERTY

All the information, content (including articles, guides, reviews, text, photographs, images, illustrations, audio clips, video, Website related data such as html, source and object code, software, data, “the look and feel” of the website, logos, trademarks,) services and software displayed on, transmitted through, or used in connection with our Service are the intellectual property of MML and its affiliated companies, licensors and suppliers. We actively protect our rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of such matters or any part of our Service, except for the limited rights of use granted hereunder, is strictly prohibited.

11. LINKS TO OUR SITE

You may link to any page of MML provided that:

You do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
You do not attempt to frame our site to any other site or attempt to bypass any payment or log on screens.
We reserve the right to withdraw linking permission without notice.
You do not remove or obscure, by framing or otherwise, any portion of the website, including any advertisements, terms of use, copyright notice, and other notices on the site.

12. DISCLAIMER OF WARRANTIES

To the greatest extent permissible by law our service the interactive areas of the service, content and postings is provided on an “as is” “as available” basis without warranty of any kind, whether express or implied. MML does not warrant the accuracy, completeness, non-infringement, timeliness, performance, merchantability or fitness for a particular purpose of the service or content. MML disclaims all responsibility for any loss, injury, claim, liability or damage of any thing resulting from, arising out of or any way related to (i) any errors in or omissions from this website, the interactive areas, the content and the posting including but not limited to, technical inaccuracies and typographical errors, (ii) third party communications; (iii) any third-party websites or content therein directly or indirectly accessed through links in this website but not limited to any errors in or omissions therefrom, (iv) the unavailability of this website , the interactive areas, the content, the postings or any portion thereof (v) your use of this website, the interactive areas, the content or the postings, or (vi) your use of any equipment or software in connection with this website, the interactive areas, the content or the postings.

13. LIMITATION OF LIABILITY

Under no circumstances shall MML be liable for any loss, injury, claim, liability or damage of any kind resulting from your use of our service including the content, the postings, the interactive areas, any facts or opinions appearing on or through any of the interactive areas or any third-party communications provider shall not be liable for special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including without limitation, attorney’s fees) in any way due to, resulting from, or arising in connection with the use of or inability to use our service including this website, the interactive areas, the content, the postings, or any third party communications. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose MML’s sole obligation to you for damages shall be limited Kenya shillings ten thousand (KES. 10,000/=).

14. INDEMNIFICATION

You agree to indemnify, defend and hold MML, its officers, directors and employees, agents, licensors, suppliers and any third-party information providers to this Service or website harmless from and against any and all claims, penalties, demands, actions, suits, judgments, settlements, costs, liabilities and expenses, damages and costs including reasonable attorney fees, resulting from any violation of these Terms by you or arising from or related to any content uploaded or submitted by you.

15. TERMINATION

We may discontinue your participation in any of the interactive areas of our Service including this Website for any or no reason.

We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties (e.g. lawyers or forensic auditors) and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, email addresses, usage history, posted material, IP addresses and traffic information.

16. DISPUTE RESOLUTION

If you have any concern or complaint regarding our service, kindly contact us on mwangazamashariki.com We will endeavor to resolve your issues quickly and to your satisfaction.

17. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the Laws of Kenya and any action arising out of or relating to these terms shall be filed in Kenya and you hereby consent and submit to the personal jurisdiction of the Courts of Kenya for purposes of litigating such action.

18. SEVERABILITY OF PROVISIONS

These Terms incorporate by reference any notices contained in our Terms of Service, the Privacy Policy, Legal Disclaimer and constitute the entire agreement with respect to accesses to and use of our Services. If any provision of these Terms is unlawful, void or unenforceable or conflicts with your Terms then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Notwithstanding anything to the contrary in these Terms of Use, if you have a separate signed written agreement with MML that applies to your use of any of MML’s content, that agreement constitutes the entire agreement between you and MML with respect to the affected content and these Terms shall be treated as having no force or effect in that respect.