TERMS & CONDITIONS FOR ACCESS AND USE OF THE WEBSITE


Welcome to www.buildafrique.com (the “site”) which is solely owned by and operated by Buildafrique Consulting Group Limited (the owner) (herein referred to as “us”, “we” ”our”)

The following terms and conditions govern the access and use of this website (site) and the contents and services offered to users (herein referred to as “you”, “your”) by the owner through the site.

1.    Acceptance

Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Policy Statement.
The following shall be deemed as use of the website

  • a)    Viewing, accessing or using the contents on the site
  • b)    Completing the online registration process of the site
  • c)    Sending inquiries or other messages using the website platform
  • d)    Liking, replying, commenting on, retweeting or otherwise engaging in our social media sites or links that lead back to the website.

2.    Exclusive Rights

All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are solely owned by us. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorized in writing by us, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

3.    Permitted Use

The contents of this website are strictly for information purposes to the public. The Owner permits the use of the website solely for purposes of information and the following shall be deemed to be illegal use of the website

a)    use of this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

b)    Use of  this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

c)    Conduct of systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this website without our express written consent.

d)    Transmission or sending unsolicited commercial communications.

e)    Marketing or Sales of website content, materials and services without our consent.

4.    Restrictions
Access to certain areas of this website such as the Portal and staff links is restricted. We reserve the right to restrict access to other areas of this website, or indeed this entire website, at our sole discretion.

If we provide you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

5.    Intellectual Property Rights

We are the sole owners and authorized users of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

6.    No Warranties
This website is provided “as is” without any representations or warranties, express or implied.  We make no representations or warranties in relation to this website or the information and materials provided on this website.

To the fullest extent permitted by law, we disclaim all express and implied warranties, including, without limitation, any warranties of merchant-ability, and fitness for a particular purpose, title and non-infringement. We do not warrant that the site will be free from viruses, available or that the contents will be accurate.  Notwithstanding the representations herein we do not warrant that his website will be constantly available, or available at all or the information on this website is complete, true, or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind, contractual relations, and expression of interests, invitation to treat or to create any legal liability. The user shall consult with independent advisors whether attached to us or elsewhere prior to acting on information obtained from the website.

We further make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorized access or use. If you are dissatisfied with the site, your sole remedy is to discontinue using the site.

7.    No Liability

To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage direct, indirect, consequential, or otherwise suffered by you as a result of your use of the site or from any computer virus transmitted through the site, or other sites accessed from this site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate whether in contract, tort, including but not limited to negligence, or otherwise arising from the terms and conditions, including our privacy statement, or use of the site exceed, in the aggregate, Kshs 1,500.00.

8.    Indemnity
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

9.    Variation

We reserve the exclusive right to revise these terms and conditions from time-to-time without any consultations or prior notice to you.  The revised terms and conditions will apply to the use of this website from the date of the publication and uploading on the website of the revised terms and conditions on this website.

10.    Breach

Any action or use of this website contrary to the permitted use, these terms and conditions and the privacy statement hereto shall constitute breach.

Without prejudice to our  other rights under these terms and conditions, if you breach these terms and conditions in any way, we  may take such action as we deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you, reporting you to the government authorities and other websites and Web operators, blacklisting you on online blacklist services among other remedies.

11.    Law & Jurisdiction

These Terms & Conditions, including the Privacy Policy Statement and any matter relating to this Site, shall be governed by the Kenyan law, and any disputes relating to these terms and conditions will be subject to the exclusive Jurisdiction of the Courts of Kenya.