Please read these Website Terms and Conditions (“terms”, “terms and conditions”) carefully before using the kenyageographic.com website (the “service”) owned by Kenia Geographic Ltd which operates under the brand name Kenya Geographic (“us”, ‘we”, “our”).
Conditions of Use
We will provide services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following Website Terms and Conditions. We, therefore, urge you to read them carefully.
Content published on this website (digital downloads, images, texts, graphics, logos, button icons, audio and video clips, data compilations, and software) is the property of Kenya Geographic and/or its content creators and protected by international copyright laws. The entire collection of the content found on this website is the exclusive property of Kenya Geographic, with copyright authorship for this compilation by Kenya Geographic.
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You as a result of this consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
By visiting this website, you agree that the laws of Kenya, without regard to principles of conflict laws, will govern these Website Terms and Conditions, or any dispute of any sort that might come between you and us or our business partners and associates.
Any dispute relating in any way to your visit of Kenya Geographic or to products you purchase through us shall be submitted to confidential arbitration in Kenya, except that, to the extent you have in any manner violated or threatened to violate Kenya Geographic’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Kenya, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the Nairobi Centre for International Arbitration. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Comments, Reviews, Emails and other Content
Visitors may post content (reviews, comments, suggestions, ideas, questions, or other content). Such content should not be obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. The content you post grants us and our associates non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. You grant us and our associates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post. That the content is accurate, and its use does not violate this policy. That it will not cause injury to any person or entity and that you will indemnify Kenya Geographic or its associates for all claims resulting from content you supply. Kenya Geographic has the right but not the obligation to monitor and edit or remove any activity or content. Kenya Geographic takes no responsibility and assumes no liability for any content posted by you or any third party.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. You can only do so with written consent from us. This license does not include any resale or commercial use of this site or its contents. It does not also include any collection and use of any product listings, descriptions, or prices. It also excludes any derivative use of this site or its contents. It excludes any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, or similar data gathering and extraction tools. The website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent from us. You may not frame or utilise framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form) and that of our associates without express written consent. You may not use any meta tags or any other “hidden text” utilising our name or trademarks without our express written consent. Any unauthorised use terminates the permission or license granted by us. The license gives you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Kenya Geographic. So long as the link does not portray Kenya Geographic, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Kenya Geographic logo or other proprietary graphic or trademark as part of the link without express written permission.
Kenya Geographic’s trademarks and trade dress may not be used in connection with any product or service that is not Kenya Geographic’s. Similarly, it cannot be used in any manner that will likely confuse customers, or in any way that disparages or discredits us. All other trademarks that appear on this site that our subsidiaries or we do not own are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by our subsidiaries or us.
If you are the owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Risk of Loss
All items purchased from Kenya Geographic are made according to a shipment contract. The risk, therefore, of loss and title for such items pass to you upon our delivery to the carrier.
Kenya Geographic and its associates attempt to be as accurate as possible. However, we do not warrant that those product descriptions or other content of this site is correct, complete, reliable, current, or error-free. If a product offered by us itself is not as described, your sole remedy is to return it in unused condition.
KENYA GEOGRAPHIC PROVIDES THIS DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY ON THIS SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. KENYA GEOGRAPHIC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KENYA GEOGRAPHIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KENYA GEOGRAPHIC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KENYA GEOGRAPHIC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KENYA GEOGRAPHIC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Site Policies, Modification, and Severability
Please review our other policies, such as our Shipping, Returns, Exchanges & Refund Policy, posted on this site. These policies also govern your visit to Kenya Geographic. We reserve the right to make changes to our website, policies, and these Website Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.