Terms of use

Terms of Use

1. Your Acceptance

Welcome to OFYENEDA.ORG

BY USING THIS WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS EXPRESSED HEREIN.

Ofyeneda may, at its sole discretion, modify or revise these terms at any time, and you agree to be bound by such modifications. Any modifications will be effective immediately upon posting of the revisions on the website. Your continued use of this Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should periodically review these Terms and Conditions from time-to-time.

If you have any questions regarding the use of this website, please direct them to info@ofyeneda.org

2. Permissions and Restrictions

A. The website and all content and materials on it, including but not limited to all designs, text, graphics, pictures, information, data, software, sound files, other files (collectively, the “Website Materials”) are owned by or licensed to OFYENEDA and are protected by copyright, trademark and other intellectual property rights under the law.

B. OFYENEDA hereby grants you permission to access and use the website materials and electronically copy, and print to hard copy portions of the Website Materials for your informational, non-commercial and personal use only.

C. Such permission granted is subject to these Website Terms and Conditions and does not include:

(a) any resale or commercial use of the Website or the Website Materials therein;

(b) the distribution, public performance or public display of any Website Materials;

(c) modifying or otherwise making any derivative uses of the Website and the Website Materials, or any portion thereof;

(d) use of any data mining, robots or similar data gathering or extraction methods;

(e) downloading (other than the page caching) of any portion of the Website and the Website Materials, except as expressly permitted on the Website;

(f) any use of the Website or the Website Materials other than for its intended purpose.

D. Any use of the Website or the Website Materials other than as specifically authorized herein, without the prior written permission of OFYENEDA, is strictly prohibited and will terminate the permission granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

3. Third-Party Products and Services

This Website is solely for furthering the purposes of OFYENEDA as a nonprofit Organization. No advertisements or promotions of a commercial nature for products or services are permitted on the Website and you agree not to post such content.

4. Copyright Complaints

If you believe that anything on the Website infringes upon any copyright which you own or control, you may notify us of such infringement, for appropriate action, through phone or email as set out below.

Telephone +254 20 2489333
Email info@ofyeneda.org

5. Third party Trademarks

All third party trademarks, registered trademarks, product names and names or logos mentioned in the Website 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, or recommendation thereof by us.

6. Your Comments

The Website includes interactive areas and services in which users create, post or store content, messages, materials, data, music, photos, video, graphics, or other items or materials on the Website. Ofyeneda will not take any responsibility for any improper use of such Interactive Areas. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

(a). User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b). User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law.
(c). User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;

(d). User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(e). Unsolicited promotions, political campaigning, advertising or solicitations;

(f). Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

(g). Viruses, corrupted data or other harmful, disruptive or destructive files; and

(h). User Content that, in the sole judgment of OFYENEDA, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or which may expose OFYENEDA or its users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while using the Website; and you agree that you will not do any of the things considered by OFYENEDA as objectionable.

7. Editing or Removing Content

You may request the removal of your Content from the Website at any time, and Ofyeneda will take reasonable steps to promptly remove such Content; provided, however, that Ofyeneda can remove any such Content only from its Websites and cannot remove Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers, such as Content you may have sent to others in an email posted to an Ofyeneda email list. If you choose to remove your Content, the license you granted when submitting such Content will remain in full force and effect in accordance with its terms of use.

8. Third-Party Content

OFYENEDA may provide third party content on the Website and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. OFYENEDA does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that OFYENEDA is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

9. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY OFYENEDA, THE WEBSITE, THE WEBSITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OFYENEDA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. OFYENEDA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE WEBSITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. OFYENEDA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

OFYENEDA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY. WHILE OFYENEDA ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE AND THE SERVICES SAFE, OFYENEDA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

OFYENEDA reserves the right to change any and all content contained in the Website and to modify, suspend or discontinue the Website or any Services offered through the Website or any features or functionality of the Website or the Services at any time without notice and without obligation or liability to you.

10. Limitation of liability

IN NO EVENT SHALL OFYENEDA, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OFYENEDA.ORG, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OFYENEDA’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OFYENEDA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR TO THESE WEBSITE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OFYENEDA FOR ACCESS TO OR USE OF THE SITE.

11. General Terms

a). Applicable Law and Venue.

These Website Terms and your use of the website shall be governed by and construed in accordance with the laws of the Republic of Kenya, applicable to agreements made and entirely performed within Kenya, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Website Terms shall be filed only in the courts located in the Republic of Kenya, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Website Terms of Use.

b). Termination.

Notwithstanding any of these Website Terms, OFYENEDA reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your future access to and use of the Website.

c). Severability.

If any provision of these Website Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Website Terms and shall not affect the validity and enforceability of any remaining provisions.