Terms of Use

Last updated: March 30th 2023

Welcome to Mwananchi Credit Limited’s website. By accessing and using our website, you agree to be bound by the following terms and conditions:

Use of the WEBSITE

  • You agree to use our website for lawful purposes only and in a manner that does not violate any applicable laws, regulations, or the rights of any third party.
  • You agree not to use our website to transmit any harmful or malicious software or code, or to interfere with the normal functioning of our website.
  • We reserve the right to suspend or terminate your access to our website at any time and for any reason, without prior notice.

Intellectual PROPERTY

  • The content on our website, including text, graphics, logos, and images, is protected by copyright and other intellectual property laws. You may not copy, reproduce, or distribute any content from our website without our prior written consent.
  • You may use our website for personal, non-commercial purposes only.

LINKS TO THIRD-PARTY WEBSITES

  • Our website may contain links to third-party websites that are not owned or controlled by Mwananchi Credit Limited. We are not responsible for the content or privacy practices of these websites.
  • We do not endorse or make any representations about these third-party websites, and your use of these websites is at your own risk.

LIMITATION OF LIABILITY

  • Mwananchi Credit Limited is not liable for any damages, including indirect, incidental, or consequential damages, arising from your use of our website.
  • We make no representations or warranties about the accuracy or completeness of the information on our website, and we reserve the right to modify or update the information on our website at any time and without prior notice.

PRIVACY POLICY

  • Our privacy policy governs the collection, use, and disclosure of your personal information by Mwananchi Credit Limited. By using our website, you agree to our privacy policy.

GOVERNING LAW

  • These terms and conditions are governed by and construed in accordance with the laws of Kenya.
  • Any dispute arising from or related to these terms and conditions will be subject to the exclusive jurisdiction of the Kenyan courts.

SUBMISSIONS

  • Mwananchi Credit Limited welcomes your comments and feedback regarding our website.
  • By submitting any comments, feedback, or suggestions (collectively, “Submissions”) to us, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions throughout the world in any media, now known or hereafter devised.
  • You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our website.
  • Mwananchi Credit Limited has no obligation to monitor or edit any Submissions. We reserve the right to remove any Submissions at any time for any reason.

CHANGES TO THE TERMS AND CONDITIONS

  • We reserve the right to modify or update these terms and conditions at any time and without prior notice.
  • Your continued use of our website after any changes to these terms and conditions constitutes your acceptance of the revised terms and conditions

AGREEMENT TO TERMS

  • By using our website, you represent that you have read, understood, and agree to be bound by these terms and conditions.
  • If you do not agree to these terms and conditions, you should not use our website.

TERMINATION

  • Mwananchi Credit Limited reserves the right to terminate your access to the website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.
  • All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

DISCLAIMER OF WARRANTIES

  • Our website is provided “as is.” Mwananchi Credit Limited and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • Neither Mwananchi Credit Limited nor its suppliers and licensors, makes any warranty that our website will be error-free or uninterrupted, or that the results obtained from the use of our website will be accurate, complete, or current.

LIMITATION OF LIABILITY

  • In no event will Mwananchi Credit Limited, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
  • any special, incidental or consequential damages;
  • the cost of procurement or substitute products or services;
  • for interruption of use or loss or corruption of data;
  • for any amounts that exceed the fees paid by you to Mwananchi Credit Limited under this agreement during the twelve (12) month period prior to the cause of action.
  • Mwananchi Credit Limited shall have no liability for any failure or delay due to matters beyond their reasonable control.

INDEMNIFICATION

  • You agree to indemnify and hold harmless Mwananchi Credit Limited, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this agreement.

MISCELLANEOUS

  • These terms and conditions constitute the entire agreement between Mwananchi Credit Limited and you concerning the subject matter hereof.
  • If any part of these terms and conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
  • Any failure by Mwananchi Credit Limited to enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
  • You may not assign this agreement or transfer any rights to use our website without the prior written consent of Mwananchi Credit Limited.
  • These terms and conditions shall be binding upon and shall inure to the benefit of each party’s successors and assigns.

CHANGES TO TERMS

  • Mwananchi Credit Limited reserves the right to change these terms and conditions from time to time, without prior notice.
  • Your continued use of our website after any changes to these terms and conditions constitutes your acceptance of the revised terms and conditions.

CONTACT US

  • If you have any questions or concerns about these terms and conditions, please contact us at [email protected].

GOVERNING LAW AND JURISDICTION

  • These terms and conditions and any disputes arising out of or related to our website shall be governed by and construed in accordance with the laws of Kenya, without giving effect to any choice or conflict of law provision or rule.
  • Any legal suit, action, or proceeding arising out of or related to these terms and conditions or our website shall be instituted exclusively in the courts of Kenya.

LANGUAGE

  • These terms and conditions were originally written in English. We may translate these terms and conditions into other languages. In the event of a conflict between a translated version and the English version, the English version will control.

ACKNOWLEDGEMENT

  • By using our website, you acknowledge that you have read these terms and conditions, understand them, and agree to be bound by them.

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