Fabulous Kenya : Terms and Conditions

 

Welcome to the Fabulous Kenya website. The Site, the Content and the Services are provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions").  If The User is dissatisfied with any material on this site or with any of its terms and conditions of use, the user’s sole and exclusive remedy is to discontinue using the Site.   If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern
ICT Consultants including subsidiaries and affiliates  (Hereinafter referred to as “The Website Owner”) whose registered office is at Nyaku House, Nairobi, Kenya relationship with You, (hereinafter referred to as “The User”) subject to the terms and conditions  the privacy policy set out in these and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website. in relation to FABULOUSKENYA.COM (hereinafter referred to as “The Site”)
DISCLAIMER:

The content of the pages of this site is for your general information and use only.
Whilst every effort is made to update the information contained on this site, neither The Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers. The Website Owner expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.

As a condition of use of this Site, The User agrees to indemnify The Website Owner and its affiliates from and against any and all actions, claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out of The User’s use of this Site, including, without limitation, any claims alleging facts that if true would constitute a breach by The User of these Terms and Conditions.

No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. The User relies on the information contained on this website at their own risk. Should there be an error or omission at this site, please let us know.

This Site may contain links and references to third-party web sites. The linked sites are not under the control of The Website Owner, and The Website Owner is not responsible for the content of any linked site or any link contained in a linked site. The Website Owner provides these links only as a convenience, and the inclusion of a link or reference does not imply the endorsement of the linked site. This site, the content and the services are provided on an "as is" and "as available" basis. Neither The Website Owner or any of its suppliers makes any representations, warranties or conditions, express, implied or statutory as to the operation of this web site or the services, or the accuracy, completeness, quality, currency or timeliness of the site, the content or the services or that communications to or from the site will be secure and/or not intercepted or that the site, the content or the services will be free from viruses or other contaminating or destructive properties, devices or components. Use of this site, the content and the services is at your own risk.
LIMITATION OF LIABILITY:
In no event shall  The Website Owner or its suppliers, or its or their respective directors, officers, employees or agents be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory whatsoever, for damages of any kind including, without limitations, direct, special, indirect, punitive, incidental or consequential damages, business losses, lost savings, lost data, loss of use, lost profits, personal injury, fines, fees, penalties or other liabilities arising from or relating to your use, reliance upon or inability to use the site, the content and/or the services, whether or not the web owners or its suppliers are advised of the possibility of such damages and/or if you transfer confidential or sensitive information to the or if Website Owner communicates such information to you at your request over the internet.
The User agrees to use the Forums and Directory subscription only to send and receive messages and materials that are proper and related to the particular Forum/ Directory subscription. By way of example and not as a limitation, The User agrees that when using a Forum/ Directory subscription, he or she shall not do any of the following:
(a) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
(b) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
(c) Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless The User owns or controls the rights thereto or has received all consents therefore as may be required by law;
(d) Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
(e) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
(f) Falsify the origin or source of software or other material contained in a file that is uploaded;
(g)  Shall not advertise or offer to sell any goods or services unless they are in accordance with the terms and conditions of the Site and expressly set out on the rate card and the Kenya Tours Directory  subscription rates.
(h)  Shall not violate any copyright, trade mark, other applicable Kenyan or international laws or intellectual property rights of the Website Owner or any other third party;
The User may not  conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum/ Directory subscription that The User knows, or reasonably should know, cannot be legally distributed in such manner.

The User acknowledges that all Forums and discussion groups are public and not private communications. Further, The User acknowledges that chats, postings, e-mails and other communications by other Users are not endorsed by the site and that such communications shall not be considered to have been reviewed, screened or approved by the site. The Website Owner reserves the right to remove, for any reason and without notice, any content of the Forums received from Users, including, without limitation, e-mail and bulletin board postings.

External links may be provided for your convenience, but they are beyond the control of The Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.

ELECTRONIC COMMUNICATIONS:


By accessing this site or sending electronic mail to The Website Owner or the Site the User is communicating with The Website Owner electronically. By doing so, The User agrees to receive communications from The Website Owner electronically.  The Website Owner will communicate with The User by electronic mail at the electronic mail address provided by The User or posting notices on this site or any other Web site that may be generally designated in advance for such purpose. The User consents to receiving electronically all agreements, notices, disclosures and other communications that Website Owner provides to The User.
 

INTELLECTUAL PROPERTY AND COPYRIGHT:
  • The products and technology or processes described in this website may be subject to other intellectual property rights reserved by The Website Owners or by other third parties (and no license is granted in respect of these intellectual property rights).
  • Intellectual Property Rights (including, but not limited to, all database rights, rights in designs layout, look, appearance and graphics, rights in know-how, patents, trade marks, names, logos and service marks (collectively "trade marks"),  written content, photographs, videos, sound images are herby reserved.
  • All rights in inventions (in all cases whether registered or unregistered and including all rights to apply for registration) and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or to this site belong to The Website Owner or its licensed source. All rights of the website in such intellectual property rights are hereby reserved.
  • The displays on this site are registered and unregistered trade marks of The Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of The Website Owner.
  • This site contains material which is owned by or licensed to Website Owner.
  • Copyright in the material contained in this website belongs to The Website Owner or its licensed source. The material may not be used for commercial purposes.
  • Images, sounds, written content on this site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective owner(s).
  • The unauthorized use of this site may give rise to a claim for damages and/or be a criminal offence.
Fabulous kenya would like to thank the Museums of Kenya for supplying pictures and videos used on the site.
APPLICABLE LAWS.
The use of this site and any dispute arising out of such use of the site shall be governed by and construed in accordance WIPO Mediation and Arbitration Rules in respect of any disputes arising in connection with the website, or in any relevant terms and conditions, policies and notices or any matter related to or in connection therewith, and without giving effect to any principles of conflict of law. You hereby consent to the jurisdiction
CONFLICT.

Where any conflict or contradiction appears between the provisions of these site terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the site shall prevail in respect of your use of the relevant section or module of the website.

GENERAL


The Website Owner reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any materials in any respect.
The Website Owner reserves the right to deny in its sole discretion any user access to this Site or any portion thereof without notice.
No waiver by The Website Owner of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorised representative.