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1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of Kenyan Friends Reunited("Kenyan Friends Reunited", "we" or "us"), in relation to this site and the services offered by Kenyan Friends Reunited through it ("Kenyan Friends Reunited").
You must take the time to read and understand it before registering for Kenyan Friends Reunited. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. Visitors to Kenyan Friends Reunited who do not register to become a Member (see 2 below) similarly affirm that they are bound by this Agreement each time they access Kenyan Friends Reunited . You should be aware that this Agreement may change from time to time in accordance with Clause 23 below. Also, please note that if we remove any of our Core Services (these are indicated in Clause 2 below) Full Members may be entitled to a refund of part of their Full Membership fee (see Clause 11(ii) for details); but we may remove all or any of the non-Core Services – such as message boards – from Kenyan Friends Reunited, either on a temporary or permanent basis, without making any refund.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. If you change email address,en you must inform us of the new address through your “Account” page.
2 Types of membership. There is only one type of membership - Full Membership
Full Members may:
- send email messages to other Full Members – this is a Core Service; and
- post to the message board which is available on Kenyan Friends Reunited .
Note that we are not an internet service provider. In order to avail of Kenyan Friends Reunited , you must have internet access and all the software (and skills) equiredr email and web usage.
3 Important Note: Full Membership. If you decide to become a Full Member, and therefore pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you promptly after thatis paid. This means that you do not have the right to cancel your Full Membership during the cooling-off period.
We will notify holders of Full Memberships 28 and 14 days before renewal, and (if the Full Membership fee is going to increase) 28 days before as well. Each notifcation l include the date when renewal s to take place, and the Full Membership fee that will apply for the next period.
Please note that we reserve the right to change the amount of the fee for Full Membership, the period which it covers and the non-Core Services which it enables you to obtain from time to time. However, Full Members can be assured that these changes will take effect until their next renewal date, except with the agreement of the Full Member.
Unless otherwise notified, renewal of Full Membership will be at the same charge as the Full Member paid when initially becoming a Full Member (taking note of any discount that the Full Member may have been given initially). If the Full Member does not renew within the specified 12 months their membership will be cancelled
4. Registration. You undertake to register for Kenyan Friends Reunited using accurate and current information about yourself - including your correct name, address and any other requested details. You also must add yourself to a school on Kenyan Friends Reunited which you attended at the relevant time. As part of the registration process for Kenyan Friends Reunited , you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
5 Privacy Policy. Kenyan Friends Reunited's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may use your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on Kenyan Friends Reunited (including any which contain personal information) is, of course, accessible to internet users around the world.
6 Kenyan Friends Reunited's Role. You, whether you are a Member or a non-Member, acknowledge that we are not and cannot be responsible for the behaviour of Members - whether on Kenyan Friends Reunited or outside of it. We only provide a venue where Kenyan Friends Reunited may be accessed. In particular, you should be aware that Kenyan Friends Reunited does not generally pre-screen or monitor the material contributed by Members.
7 Additional Services. Kenyan Friends Reunited or its affiliates may offer new or additional services through the Kenyan Friends Reunited website from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and enable us to terminate this Agreement with you.
8 Operation of Kenyan Friends Reunited. Kenyan Friends Reunited reserves the right to withdraw or modify aspects of the Kenyan Friends Reunited website, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when Kenyan Friends Reunited becomes inaccessible as a result of technical difficulties experienced by Kenyan Friends Reunited or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Full Membership fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of Kenyan Friends Reunited , except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to Kenyan Friends Reunited .
9 Misuse of Kenyan Friends Reunited. We reserve the right (a) to suspend or terminate any Member's access to the Kenyan Friends Reunited website, or parts of it, and/or (b) to remove, or require the Member to material posted on the Kenyan Friends Reunited website, if the relevant Member or material appears to us, or to a complainant, to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, Kenyan Friends Reunited without our prior consent. You are responsible for everything which is done on or through Kenyan Friends Reunited while your Membership account is logged on to Kenyan Friends Reunited , or through your email address(es). In addition, we reserve the right to suspend or terminate any Member's access to the Kenyan Friends Reunited website, or parts of it, if the relevant Member is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another Member, whether or not through Kenyan Friends Reunited . For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of Kenyan Friends Reunited , we cannot prevent determined people whose Membership has been suspended or terminated from re-accessing or re-registering as Members, in breach of their obligations under this Agreement.
10 Relevance. Kenyan Friends Reunited is intended to be used by its Members for the purposes referred to in Clause 2 bove. Accordingly, Members must not:
- place material on, or otherwise use, Kenyan Friends Reunited for any business or commercial purpose; or
- use your access to Kenyan Friends Reunited, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
11 Fees
(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to the relevant Kenyan Friends Reunited or prior to any fees being taken.
(ii) Fees paid by a Full Member will not be rebated or refunded by Kenyan Friends Reunited, except as follows. If, under Clause 8 above, we entirely withdraw a Core Service (specified in Clause 2), or the closure of Kenyan Friends Reunited itself, then you may be entitled to a rebate of your Full Membership fee for the remainder of the period to which that fee relates; but no part of the contact fee (as described in Clause 3(1) above) will be rebated to a Full Member under any circumstances if the Full Member has sent one (or more) emails through Kenyan Friends Reunited during the period to which the Full Membership fee relates, irrespective of whether the recipient email address is a legitimate address or the recipient sends any reply. No rebate of any part of the Full Membership fee will be payable under any circumstances, other than as provided in this Clause 11(ii).
We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
12 Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access Kenyan Friends Reunited , nor any activity or communication you make in connection with any Kenyan Friends Reunited, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading.
13 Alerting Kenyan Friends Reunited. If you see anything on Kenyan Friends Reunited which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" form, or by emailing us here . We do not generally monitor material contributed by Members before it is placed on Kenyan Friends Reunited, and so we are reliant upon users to point out any which infringes this Agreement.
14 Withdrawal of material and Termination of Membership. Each Member acknowledges that we are entitled to withdraw any material on Kenyan Friends Reunited which appears, whether based on information received from members or others, or our own determination, to be capable of breaching any part of this Agreement, or to bring Kenyan Friends Reunited into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the Kenyan Friends Reunited website, and that we are reliant upon you and all users to notify us of anything you see here which appears likely to breach this Agreement, using the notification techniques which are made available on the Kenyan Friends Reunited website.
15 Disclaimer and Release. Kenyan Friends Reunited has no control over or responsibility for the truth or accuracy of any material available on Kenyan Friends Reunited , whether provided by Members or others.
- If any third party sites are linked to from Kenyan Friends Reunited, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
- You should exercise no lesser degree of caution in appraising what you see on Kenyan Friends Reunited than you do offline.
- Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not nessarily be who they say they are.
- Your use of Kenyan Friends Reunited is entirely at your own risk.
Accordingly, to the extent that the law permits, you release Kenyan Friends Reunited, its directors, contractors and employees from all liability (including in relation to disputes with other Members) arising of your use of a third party site or arising out of or in connection with Kenyan Friends Reunited and the material included here by Members and other third parties.
16 Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Kenyan Friends Reunited (including the material which is contributed by Members) are owned by Kenyan Friends Reunited. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from Kenyan Friends Reunited, or any of the material which is found on Kenyan Friends Reunited unless properly licensed to do so by us.
By submitting any material to the content to Kenyan Friends Reunited, you:
- are representing that you are fully entitled to do so;
- grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
- authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
17 Excluded Loss. We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Kenyan Friends Reunited will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18 Maximum Liability. Without limiting the preceding Clause, the aggregate liability of Kenyan Friends Reunited under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to (a) the Full Membership fee payable at the time liability arises, or (if greater) (b) the sums paid by you to us under this Agreement during the period prior to the date when liability arises.
19 Non-excluded Liabilities. Nothing in this Agreement limits Kenyan Friends Reunited's liability for death or personal injury resulting from our negligence. Any statutory rights you may have as a consumer remain unaffected.
20 Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access Kenyan Friends Reunited.
21 Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Kenyan Friends Reunited assign or dispose of this Agreement.
22 Entire Agreement. This Agreement is in addition to our Privacy Policy. Together they contain the whole of the agreement between us and you concerning Kenyan Friends Reunited and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right to rely upon or enforce any term of this Agreement.
23 Changes to this Agreement. Kenyan Friends Reunited reserves the right to change the Agreement with its Members from time to time, and post the new version on Kenyan Friends Reunited . When we do so, we notify Members of the fact that there are changed terms on the main screen (www.kenyanfriendsreunited.com), and post the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Terms and Conditions until:
- your next renewal date, if you are a Full Member; or
24 Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreemnt shall remain valid and enforceable.
25 Law. This Agreement shall be governed by and construed in accordance with the laws of Kenya.
26 Keeping this Agreement. We don't separately file the individual Agreements entered into by members whe copy of this Agreement by printing and/or saving a downloaded copy from your own computer. When they register for Kenyan Friends Reunited. You can access it at www.kenyanfriendsreunited.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. |