Terms of Use

 

Acceptance of Terms of Use

 

“Please read the Terms of Use carefully before you start to use the Website www.arieltech.co.ke. The Terms of Use govern your access to and use of the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.”

 

Acceptable and prohibited uses

 

“You may only use the Website for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  1. in breach of local or international laws and regulations;

  2. to upload content that is illegal, harmful or does not comply with our Company’s content standards;

  3. to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware in relation to our Company;

  4. to reproduce, copy any of the materials on the Website without our prior written consent;

  5. for any fraudulent purposes including impersonating our Company, our employees or other Users; and(f) to send spam or junk material.”

 

 

Ownership of IP and license to use 

“We own all copyrights, trademarks, domains, logos, trade names, trade secrets, patents and other intellectual property rights (including our software, future updates, upgrades and new versions of the software) associated with our Website (“Intellectual Property Rights”). You shall not use our Intellectual Property Rights unless you have our prior written consent.

In order to operate and provide our services through our Website, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferrable license to use our Website, solely in accordance with these Terms of Use. No licensed or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you in these Terms of Use.”

Third party terms and uses

 

“Our Website may allow you to access, use, or interact with third party websites, apps, content, programs, and other products and services.  Please note that when you use third party services, their own terms and policies will govern your use of those services and you are solely responsible for reviewing and complying with any such terms and policies.

We have no control over these third party services. We are not responsible for and we do not endorse, support or guarantee the lawfulness, suitability, efficacy, safety or quality of these third party products, services or programs or their information privacy or security practices made available, advertised or linked through our Website, and we will bear no liability in connection with your use of or relationship with any such third party services, programs or products,”

 

Monitoring, enforcement, termination

 

“When we consider that a breach of these Terms of Use has occurred, we may take one or more actions as we deem appropriate such as:

  1. issue of a warning to you;

  2. terminate or suspend your access to all or part of our Website;

  3. immediate, temporary or permanent removal of your content on our Website;

  4. legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach;

  5. Disclosure and reporting of information to law enforcement agencies as we deem necessary

 

 

Reservation of Rights

 

“We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

We have the right to disable any account, user name, password whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.”

 

Changes to Terms of Use

 

“We may revise the Terms of Use from time to time in our sole discretion. All changes are effective immediately as we post them. Your continued use of the Website means that you agree and accept the changes. You are required to check the Terms of Use from time to time to so that you are aware of any changes.”

 

Disclaimer and exclusion of liability

 

“Your use of the Website, its contents, and any of the services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained are provided on an ‘AS IS’ and ‘AS AVAILABLE’ basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.

To the fullest extent provided by law, neither the Company, its affiliates nor their licensors, employees, agents, officers nor directors will be liable for any loss, damages, expenses or costs of any kind arising out of or in connection with your use or inability to use the Website, any content on the website, including any direct, indirect, special, incidental, consequential or punitive damages.”

 

Governing law and jurisdiction

 

“All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the laws of Kenya.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the courts of Kenya. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.”

© 2020 by Ariel Technology Limited.