TERMS OF USE
Date of Last Revision: February 12, 2023
These Terms of Use (“Terms”) apply to your access to and use of the websites and other online services (collectively, the “Services”) provided by the TAIFA LA FURSA INITIATIVE (the “TAIFA LA FURSA”, “we” or “us”). By accessing and using the Services, you agree to these Terms. If you do not agree to these Terms, do not use the Services.
We may provide additional or different terms and conditions with respect to some of the Services (“Additional Terms”). If you use any Services with Additional Terms, the Additional Terms will apply to your use of such Services. If there is any conflict between these Terms and any Additional Terms, the Additional Terms will control to the extent of such conflict.
We may update these Terms from time to time. If we make any changes to these Terms, we will notify you by revising the “Last Revised” date at the top of these Terms and, in some cases, we may provide you with additional notice (such as by adding a statement to our website homepage or by sending you a notification). Unless otherwise indicated in our notice to you, any changes to these Terms will be effective immediately, and your continued use of the Services following our provision of such notice will confirm your acceptance of such changes. If you do not agree to any changes to these Terms, you must stop using the Services.
If you have any questions regarding these Terms or the Services, please contact us at info@taifalafursa.com
For information about how we collect, use, and share information about you, please see our Privacy Policy.
If you subscribe to receive updates or other information from us through our SMS text messaging program, you consent to receiving automated text messages from us via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may text STOP to cancel or HELP for customer support information. For all questions about the services provided by this short code, you can send an email to info@taifalafursa.com
Note: Carriers are not liable for delayed or undelivered messages.
The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by TAIFA LA FURSA or our licensors and are protected under both Kenyan and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sub licensable, revocable license to access and use our Services for your own personal, informational, and noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights and appropriate legal action may be taken by us.
“TAIFA LA FURSA INITIATIVE”, “TAIFA LA FURSA” and, our slogans, our product or service names, and the look and feel of the Services are trademarks of TAIFA LA FURSA and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product or service names, and organization or company names or logos mentioned on or included in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about TAIFA LA FURSA or the Services (collectively, “Feedback” or “Suggestions”). You understand that we may use Feedback or Suggestions for any purpose, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Suggestion in our sole discretion. You understand that TAIFA LA FURSA may treat Feedback or Suggestion as non-confidential thereof.
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the applicable third party. TAIFA LA FURSA does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content. Your access to and use of Third-Party Content is at your own risk.
You will not violate any applicable law, contract, intellectual property right or other third-party right, or commit a tort, and you are solely responsible for your conduct while using the Services. You will not:
This Section 7 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
To the fullest extent permitted by applicable law, you will defend, indemnify, and hold harmless TAIFA LA FURSA and its officials, officers, directors, employees, volunteers and agents (individually and collectively, “TAIFA LA FURSA”), from and against any claims, damages, costs, liabilities and expenses (including reasonable legal fees) (“Claims”) arising out of or related to (a) your access to and use of the Services; (b) your Feedback or Suggestion; (c) your violation of these Terms; (d) your conduct in connection with the Services; or (e) your violation, misappropriation, or infringement of any rights of any third party (including intellectual property or privacy rights).
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN WRITING BY TAIFA LA FURSA, THE SERVICES AND ANY CONTENT THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, TAIFA LA FURSA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
WHILE TAIFA LA FURSA ATTEMPTS TO MAKE YOUR USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, TAIFA LA FURSA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY CONTENT THEREIN OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAIFA LA FURSA OR ANY OTHER TAIFA LA FURSA ASSOCIATES BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, EVEN IF TAIFA LA FURSA OR ANY OTHER TAIFA LA FURSA ASSOCIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF TAIFA LA FURSA AND THE OTHER TAIFA LA FURSA ASSOCIATES FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TAIFA LA FURSA FOR ACCESS TO OR USE OF THE SERVICES.
THE LIMITATIONS SET FORTH IN THIS SECTION 10 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF TAIFA LA FURSA OR ANY OTHER TAIFA LA FURSA ASSOCIATES OR FOR ANY OTHER MATTERS FOR WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In order for us to provide the Services, you agree that we may process, transfer, and store information about you in the Kenya and other countries, where you may not have the same rights and protections as you do under local law.
All issues, questions and disputes concerning the validity, interpretation, enforcement, performance and termination of this Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, and no effect shall be given to any other choice-of-law or conflict-of-laws rules or provisions (Kenyan, foreign or international), that would cause the laws of any other jurisdiction to be applicable.
All Disputes between the Parties arising out of or in connection with the validity or interpretation or implementation of this Terms or any part or provision thereof shall be finally and exclusively settled by arbitration in accordance with the Arbitration Act (No. 5 of 1995) or such other statutory enactment in replacement thereof. The appointing authority shall be the Chartered Institute of Arbitrators, Kenya Chapter. The place of arbitration shall be Nairobi and the language of arbitration shall be English. The arbitration award shall be enforceable and binding upon the Parties and the Parties hereby expressly waive any right to judicial review of the award. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the Parties hereto. Nothing in this Terms shall prevent or delay a Party seeking urgent injunctive or interlocutory relief in a court having jurisdiction.
We reserve the right to modify the Services or to suspend or stop providing all or portions of the Services at any time and without prior notice to you. We are not responsible for any loss or harm related to your inability to access or use the Services.
If any provision or portion of a provision of these Terms is deemed to be unlawful, void or unenforceable, that provision or portion thereof is deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Any failure by TAIFA LA FURSA to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision of these Terms, unless expressly waived in writing by TAIFA LA FURSA. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided in these Terms, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.