BuyandSell.co.ke
is free electronic classified boards. Our web site has been created
to be easily accessible to all users of legal age, but it also has
limitations and risks that you must be aware of before participating.
Prior to, and as a condition of your participation, you (hereinafter
You or Yours or User) must agree to abide by our Terms of Participation.
You may review these Terms at any time by clicking on the disclaimer
link on the left of the home page.
TERMS OF PARTICIPATION:
1.Posting classified ads through BuyandSell.co.ke is available
only to individuals who can form legally binding contracts under
applicable law.
2. BuyandSell.co.ke reserves the right to modify the Terms
of Participation at any time and without prior notice to its Users.
We may add to, change, delete or end our or Your use of our service
at any time. The service may be temporarily unavailable from time
to time for maintenance or other reasons.
3. BuyandSell.co.ke is not involved in any transaction between
any party who uses our web site. There are risks which You assume
when dealing with people who might be acting under false pretences,
all of these risks are taken by You. We do not screen or censor
or otherwise control the listings offered to other Users, nor does
BuyandSell.co.ke screen or censor or otherwise control the
Users of its service. BuyandSell.co.ke cannot and does not
control the behaviour of the participants on this site. We cannot
control whether or not Users of BuyandSell.co.ke will complete
the transactions they describe on our site. IT IS EXTREMELY IMPORTANT
THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON
THIS SITE! BuyandSell.co.ke does not assume responsibility
for the content or context of the areas filled in by user and will
not remove or edit postings except to expire records or in our sole
discretion. YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE
ON THIS SITE! BuyandSell.co.ke does not assume responsibility
for the content or context of the areas filled in by user and will
not remove or edit postings except to expire records or in our sole
discretion.
4. If there is a dispute between participants on this site, BuyandSell.co.ke
is under no obligation to become involved. In the event that You
have a dispute with one or more Users, You hereby release BuyandSell.co.ke,
their officers, employees, agents and successors in rights from
claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed
and undisclosed, arising out of or in any way related to such disputes
and / or our service.
5. The BuyandSell.co.ke service may be used only for lawful
purposes. Transmission, distribution or storage of material or conduct
in violation of any applicable local, state, federal or foreign
law or regulation is prohibited. This includes without limitation
any unauthorised use of material protected by patent, copyright,
trademark or other intellectual property right, material that is
obscene, defamatory or libelous, constitutes an illegal threat,
or violates rights of privacy or publicity, or violates export control
laws.
6. BuyandSell.co.ke prohibits the posting of unwanted or offensive
content. Prohibited postings include without limitation, profane
or sexually explicit advertisements that include masking or misspelling
the words, or images that would be illegal in any jurisdiction.
It is Your responsibility, and you agree to comply with all requirements,
legal or other. Additional prohibitions include misleading offers
that do not list the total purchase price of products, advertisements
listed in the incorrect category, telephone numbers listed in the
personals or any sub-category of personals, URL (Universal Resource
Locator) or hyperlinks within an advertisement (except where allowed)
or image, the sale or distribution of firearms, weapons or controlled
substances, make-money fast schemes, pyramid or chain letters, fraudulent
or criminal offers including but not limited to registering another
email address other than Your own, any posting with the goal of
harassment of another, sexual requests from or for a minor, racial
slurs or comments, harassment, placing a fraudulent ad, unsolicited
advertising (whether commercial or informational) and unsolicited
email or advertisements including, but not limited to adult or dating
services placing advertisements (SPAM). Moreover, BuyandSell.co.ke
prohibits the posting of any matter which discloses personal or
private information concerning any person or entity, including without
limitation phone number(s) or addresses, credit debit cards, calling
card, User account numbers/ passwords or similar financial information,
and home phone numbers or addresses. Even though all of this is
strictly prohibited, there is a small chance that You might become
exposed to such items and You further waive Your right to any damages
(from any party) related to such exposure.
7. BuyandSell.co.ke strongly opposes SPAM, which floods the
Internet with unwanted and unsolicited email and deteriorates the
performance and availability of the BuyandSell.co.ke service.
All forms of SPAM, and all activities that have the effect of facilitating
SPAM, are strictly prohibited.8. If BuyandSell.co.ke, in its
sole discretion, determines that a violation of the Terms of Participation
has occurred, BuyandSell.co.ke may pursue any of its legal
remedies, including but not limited to the immediate deletion of
any offending material from its site, cancellation of Your account
and /or the exclusion of any person(s) who may have violated any
Terms of Participation. BuyandSell.co.ke could also pursue
violators with claims that they have violated various criminal and/or
civil laws as applied by the relevant jurisdiction. BuyandSell.co.ke
will cooperate with any investigation by any Federal, Province,
or local body or any court or tribunal legitimately exercising it's
rights. Such cooperation may be without notice to You. If BuyandSell.co.ke
believes in its sole discretion that any ad may create liability
for BuyandSell.co.ke, BuyandSell.co.ke may take any actions
that it believes are prudent or necessary to minimize or eliminate
its potential liability, including but not limited to, the release
of User information. In sum, BuyandSell.co.ke reserves the
right to refuse service to anyone at any time, and to remove any
listings or any advertisements for any reason, and without notice.
9. We may, in our sole discretion, add or delete fees associated
with our Service. If any charge is applicable, we will notify our
Users in advance. User understands and agrees that User is responsible
for all applicable taxes and for all costs that are incurred in
using the BuyandSell.co.ke service.
10. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE
IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND
ON AN AS AVAILABLE BASIS. BuyandSell.co.ke EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10. DISCLAIMER OF WARRANTIES. YOU AGREE THAT USE OF THE SERVICE
IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND
ON AN AS AVAILABLE BASIS. BuyandSell.co.ke EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. BuyandSell.co.ke MAKES NO WARRANTY THAT THE SERVICE WILL
MEET USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES BuyandSell.co.ke MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED FROM THE SERVICE.
12. USER UNDERSTANDS AND AGREES THAT ANY INFORMATION OR MATERIAL
AND/OR GOODS OR SERVICES OBTAINED THROUGH THE SERVICE IS DONE AT
USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION.
13. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY USER FROM BuyandSell.co.ke OR THROUGH OR FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
14. LIMITATION OF LIABILITY. USER AGREES THAT NEITHER BuyandSell.co.ke
NOR ANY OF ITS PROVIDERS OF INFORMATION SHALL BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF USER'S TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER
RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF BuyandSell.co.ke
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER FURTHER
AGREES THAT BuyandSell.co.ke SHALL NOT BE LIABLE FOR ANY DAMAGES
ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL
CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION
OR TERMINATION WAS JUSTITIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT
OR ADVERTENT. USER AGREES THAT BuyandSell.co.ke SHALL NOT BE
RESPONSIBLE OR LIABLE TO USER, OR ANYONE, FOR THE STATEMENTS OR
CONDUCT OF ANY THIRD PARTY OF THE SERVICE. In sum, in no event shall
BuyandSell.co.ke total liability to You for all damages, losses,
and causes of action exceed the amount paid by You to BuyandSell.co.ke,
if any, that is related to the cause of action.
15. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. No Resale or Unauthorized Commercial Use. You agree not to resell
or assign Your rights or obligations under these Terms of Participation.
You also agree not to make any unauthorized commercial use of the
Service.
17. Others' Information. You agree not to make use of anyone else's
Information other than as necessary to participate in BuyandSell.co.ke
and to promptly complete any BuyandSell.co.ke transactions
in which You are involved.
18. No Agency. There is no agency, partnership, joint venture, employee-employer
or franchisor-franchisee relationship between BuyandSell.co.ke
and any User of the Service.
19. Notice. Any notice to You or to us shall be made by email. We
may also give notice of changes to these Terms of Participation
or other matters related to BuyandSell.co.ke by displaying
notices to Users on the web site.
20. Maps. Do not use our maps to get driving directions. They are
schematic only.
21. This Agreement is the complete and exclusive agreement between
the parties with respect to the subject matter hereof, superseding
any prior agreements and or communications regarding such subject
matter. This Agreement may only be modified, or any rights under
it waived, by a written document executed by both parties.
22. The laws of the Kenya shall govern these Terms of Participation
and the relationship between User and BuyandSell.co.ke. User
and BuyandSell.co.ke agree to submit to the personal and exclusive
jurisdiction of the courts located within the Kenya.
23. The failure of BuyandSell.co.ke to exercise or enforce
any right or provision of these Terms of Participation shall not
constitute a waiver of such right or provision. If any provision
of these Terms of Participation is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of these
Terms of Participation shall remain in full force and effect.
24. User agrees that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of
the Service or the these Terms of Participation must be filed within
six (6) months after such claim or cause of action arose or be forever
barred.
25. The section titles in these Terms of Participation are for convenience
only and have no legal or contractual effect.
26. Please help us keep the BuyandSell.co.ke site an enjoyable
experience for all Users, if You observe material or behaviour that
may violate one of the BuyandSell.co.ke terms of participation,
please contact BuyandSell.co.ke.
|
