Terms & Conditions
These Terms of Use govern your use of the websites, content and community services offered through https://kisumueveryday.com (“Site”) any mobile or internet-connected device or otherwise (the ” Service”).
These terms of use (Terms) constitute a legally binding agreement between you and Crowdol LTD and/or its subsidiary(ies) and/or affiliate(s) (hereinafter referred to as “Kisumu Everyday”, “we” or “our”) regarding your use of the website i.e. www.kisumueveryday.com (the Site) and any services offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the ” Service”). By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this Site and provide your details including but not limited to complete name, age, email address, residential address, contact number.
Definition of “User” or “you” or “your”: means any person who access or avail this Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site of the Company.
Kisumu Everyday may add to or change or update these Terms, from time to time entirely at its own discretion. You are responsible for checking these Terms periodically to remain in compliance with these terms. Your use of a site after any amendment to the Terms shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.
Changes
Kisumu Everyday reserves the right to suspend / cancel, or discontinue any or all channels, products or services at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the Site without prior notice.
Charges
Kisumu Everyday reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Site are the property of Crowdol LTD, its parent, affiliates and associates and are protected under applicable Kenyan laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of KISUMU EVERYDAY; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
KISUMU EVERYDAY grants you permission to only access and make personal use of the Site and you agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on KISUMU EVERYDAY’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express written consent of KISUMU EVERYDAY. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.
KISUMU EVERYDAY forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant or person; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifiers of another person (except for kisumueveryday.com or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site.
No part of the Site may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish KISUMU EVERYDAY’s material for distribution should be addressed to Kisumu Everyday at E-Mail – [email protected].
Individual Registration, Access, and Exchange of Information
For certain services such as email, personal web pages, subscription-based services, contests and shopping, registration by the visitor is required. To register for these services, you have to open an account by completing the registration process (i.e., by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. KISUMU EVERYDAY shall retain your registration information after cancellation or withdrawal of your registration as required under applicable law(s).
To access these services, you will be asked to enter your individual Username and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: –
- Any other person sharing your account and Password;
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with KISUMU EVERYDAY as users of the Site; or
- Access through a single account and Password being made available to multiple users on a network.
If KISUMU EVERYDAY reasonably believe that an account and Password is being used / misused in any manner, KISUMU EVERYDAY shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify KISUMU EVERYDAY immediately of any unauthorized use of your account or any other breach of security. KISUMU EVERYDAY will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by KISUMU EVERYDAY or another party due to someone else using your account or password.
Personal Subscription Service
As part of the Services, Company may provide personal subscription services to its Users including but not limited to a paywall content. When you subscribe to KISUMU EVERYDAY as part of Services offered by Company on Site, you gain access to premium articles, comment and exclusive features specially chosen for you by the KISUMU EVERYDAY digital editors. The nature of content behind the paywall is subject to change at the sole discretion of Company; the decision of Company and/or its editors in this regard shall be final and binding on Users.
Subscription
Subscription based Service may differ from country to country and the device from which you subscribe. Subscriptions packages and price may also vary in time. The subscription prices shall be determined by the Company, in its sole discretion.
When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the Company. By submitting payment details you represent, warrant and undertake that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based service or your entire access to Services on Site. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. Company uses third party payment gateway services for receiving payment from Users for its subscription-based Services and you hereby agree to your details and information being shared with such third-party payment service providers.
Subscription Contract
For our subscription-based Service, Company shall endeavour to process your subscription promptly but Company does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. Company reserves the unfettered right to reject any offer made by its Users, at its discretion, for any or no reason.
Pricing
The subscription price for our subscription-based Services will be made clear to you on our sign-up pages or otherwise during the sign-up process on Site and location of such details on Site may vary from time to time, by region or by country. In order to avail our subscription based Services, You hereby agree to pay the fees at the rates notified to you at the time you purchase your subscription and at such frequencies as notified from time to time. For certain subscription-based Services offered by Company, Company however may choose to offer fixed term or fixed payment frequency offers from time to time to Users. The currency in which your subscription is payable will be specified during the order process, depending on the Service and your country of residence. Eligibility for any discounts is ascertained at the time your subscription and cannot be changed during the term and subsistence of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the revised price.
Pricing errors
User hereby agrees and acknowledges that contents on the Site may become subject to technical glitch and/or errors including but not limited to price list, subscription details etc. If we incorrectly or due to a technical glitch or error state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription-based Service without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices, then we may cancel your access to our subscription-based Services and will refund you any money you have paid us in full. Company always endeavours to act in good faith in determining whether a genuine pricing error has occurred or not.
Other costs
In addition to any subscription fees, you pay for our subscription-based Services, you are responsible for paying any internet connection or other telecommunications charges or any other costs or charges that you may incur by accessing the Services and/or subscription-based Services. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
Term, renewal and cancellation
You can choose a subscription-based Service for the term and duration offered by the Company as listed on the Site.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any KISUMU EVERYDAY’s server, or the network(s) connected to any KISUMU EVERYDAY server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Material Posted/transmitted at KISUMU EVERYDAY’s Site
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that:
- you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services,
- you have the rights necessary to grant the licenses and sublicenses described in these Terms, and
- each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of limitation, the distribution, public display and reproduction of such Images.
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify KISUMU EVERYDAY or its affiliates for all claims arising out of any content that you post on the Site.
Posting/uploading of any information or material, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be involved in such activity on this website will solely be liable for actions under the applicable laws.
If you are a publisher of news and current affairs content, then in addition to compliance with other terms mentioned herein, you shall also furnish details of your user accounts on our services to the Ministry of Information and Technology as required under the Information Technology regulations. KISUMU EVERYDAY may, at its discretion, provide such publishers who have provided information under said Rules to the Ministry of Information a demonstrable and visible mark of verification as being publishers, which may be visible to all users of the service.
KISUMU EVERYDAY accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of KISUMU EVERYDAY and you agree to grant/assign to KISUMU EVERYDAY and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.
Exchange of Information qua CHAT & other Community Services
You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.
KISUMU EVERYDAY endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.
By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.
You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.
Prohibited Activities
You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Site, that —
- belongs to another person and to which the user does not have any right;
- is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
- is harmful to child;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
- impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
- Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you. Additionally, unlawful content will be removed on being notified by a government agency or by an order of any court or as required under applicable laws.
Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you subject to retaining such information as required under applicable laws and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.
KISUMU EVERYDAY reserves the right to preserve records of content transmitted by it as required under applicable laws.
