TERMS OF USE
Welcome to the Kakuma Eco-Bag website, hereinafter referred to as the “Site.” This Site is fully owned by Kakuma Eco-Bag, a community-based, refugee-led social enterprise based in Kakuma Camp 1, Turkana County, Kenya, hereafter referred to as “the Organisation,” “we,” “our,” or “us.” These terms and conditions of use (Terms and Conditions) define an Agreement between the User (“you” or “your”) and entail the provisions set forth for the use of content and information provided through our Site. We provide the content and services available on this Site subject to this Agreement. We advise you to read these Terms and Conditions very carefully since by agreeing to them, you affirm that you are at least eighteen (18) years of age, are of sound mind, and are as such indentured by this agreement. PLEASE DISCONTINUE YOUR USE OF OUR SITE IF YOU DO NOT AGREE TO THESE TERMS.
1. Acceptance of Terms
The Terms described in this agreement are considered complete as of this date. We reserve the right to edit, add, remove, modify or alter such, including the content of the Site and shall do so at any time without prior notice to the User. You agree to be bound by any modification to these Terms and Conditions when you use our Site after any such modification is posted; so please read this Agreement regularly for your convenience.
2. Choice of Law and Forum
This Agreement and the relationship between you and the Organization shall be governed by the laws of the Republic of Kenya. You and the Organisation agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Kenya.
3. Communication
You agree that we may communicate with you by electronic means under local privacy and anti-spam rules and that such communications, as well as any notices, agreements, and disclosures, shall have the equivalence, force, and effect of written communication signed and dispatched by the party sending the communication.
4. Content
The content provided on the Site in the form of text, graphics, pictures, videos, links, or other material is intended for informational purposes only. Any decisions or actions taken by the User based on such content shall be considered taken under their own discretion. Moreover, any posts on the Site represent the opinion of the author(s) regarding the subjects so discussed as of the date of publication. While every attempt has been made to make this Site as informative as possible, neither we nor our donors, affiliated initiatives and/or collaborating partners shall be held responsible for any errors, omissions, or inaccuracies in the Site, nor misuse of the information provided therein. Furthermore, owing to the rapid rate of change of conditions, we reserve the right to alter and update this information based on such changes, and without prior notice to the User, including after the confirmation of a transaction or order.
5. Disclosure and Preservation
You acknowledge and agree that the Organisation may access, preserve and disclose your information as obliged by the authorities, or in a good faith belief that the aforementioned actions are reasonably necessary to:
A) Comply with legal procedures
B) Address your requests for customer service
C)Address any claims that the Content of this Site contravenes third-party provisions and rights
D) Enforce this Agreement or;
E) Protect the rights, property, or safety of Kakuma Eco-Bag, its members, cooperative participants, stakeholders, and the public.
6. Entire Agreement
This Agreement, additional terms and any other policies referenced herein, including but not limited to the Privacy Policy comprise the entire agreement between you and the Organisation. As such, this entire agreement governs your use of our Site and services and supersedes any prior agreements between you and the Organisation with respect to the same, oral or written.
7. Global Use
Owing to the global nature of the Internet, you affirm and agree to comply with all local stipulations concerning acceptable content and online conduct. You particularly agree to comply with all laws applicable to the transmission of digital data that is exported from Kenya.
8. Headings and Sub-headings
The headings and subheadings found in various sections of this Agreement are solely meant for your convenience and bear no legal or contractual effect whatsoever.
9. Intellectual Property
Our Site contains the Content of Kakuma Eco-Bag (“our Content”), and may as well include Content licensed to us from third parties. The latter includes Content provided by Users of our Site as described herein, which is protected by copyright, trademark, patent, trade secret, and other laws. We bear ownership and retain all pertinent rights, titles, and interests in our Content. The various portions and Services on this Site are the property of Kakuma Eco-Bag, with all rights reserved. You explicitly acknowledge that all of our trademarks, trade names, service marks, logos, and service names are our legal property (“Kakuma Eco-Bag Marks”). You expressly agree not to display or use in any manner the Kakuma Eco-Bag Marks without the prior authorization of Kakuma Eco-Bag.
10. Indemnification
You agree to indemnify, defend, and hold harmless the Organisation, its members, partner organisations, donors, leaders, coordinators, representatives, collaborating entities, trainees, and third-party providers from any and all third party claims, losses, liability, damages, and or costs including without limitation to monetary costs arising from any contravention of the terms of this Agreement, or any form of infringement, of any intellectual property or other right(s) of any person or entity, your use of the Site, or your connection to the Site. We shall notify you promptly of any such claim, loss, liability, or demand and will provide you with reasonable assistance at your expense, in defending such.
11. Interactive Areas
This Site may constitute certain sections that permit user interaction, including without limitation to blog post comment sections, contact forms, training registration forms, general contact forms, and WhatsApp messaging features, hereinafter referred to as “Interactive Areas”. You expressly acknowledge and agree that contact forms, registration forms, and WhatsApp communications are treated as private correspondence between you and the Organisation and are not publicly visible on the Site. Information submitted through these private channels, including your name, contact details, and inquiry specifics, will be handled in accordance with our Privacy Policy and used solely for the purposes of responding to your requests and facilitating our services.
However, you expressly agree that the blog comment sections of this Site are public Interactive Areas and do not provide for private communications. Any comments, messages, or content you post to our blog may be read by other users across the globe. We strongly advise you to refrain from posting or disseminating in any form any personally identifiable information such as telephone numbers, email addresses, physical addresses, or other sensitive personal data in blog comments or any other public-facing sections of the Site. By no means do we endorse or exercise control over the content, messages, or information found in these public Interactive Areas and thus disclaim any liability regarding the Interactive Areas and/or any other actions resulting from your participation in them. We reserve the right to moderate, edit, or remove any comments or user-generated content that violates our Terms of Use or is deemed inappropriate, offensive, or harmful, though we are under no obligation to monitor all user submissions.
12. Limitations on Liability
To the fullest legally permissible extent, neither we nor our partner organisations, donors, affiliated initiatives, collaborating entities, trainees, or associated projects will at any time be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages including loss of capital and/or profit in any venture whatsoever as attributed to the use of our Services or access to our Site or any other website to which we have provided or otherwise embedded links in our Content, even if we have been advised of the possibility of such damages. If under any circumstances you are discontented with any of our Services or Content, you can and should discontinue using our Site. Furthermore, you expressly acknowledge that we shall not be held liable, and you agree not to hold us liable for the conduct of third parties, including the activities of other providers or users of the services available in external websites, and that the risk of use of the services of these external websites and injuries resulting from the foregoing rest entirely on you and not our Organisation.
13. Modification and Discontinuation
We reserve the right at any time to edit, modify, delete, suspend, or discontinue the content and Services on our Site, or any part thereof without any prior notice to the User. You affirm and agree that we will not be liable to you or any third party for any such modification, editing, deletion, suspension, or discontinuance of the Services on our Site. Furthermore, the Organisation makes no warranty that the Site will be uninterrupted at any time. The Site can and shall be closed under certain circumstances if need be. We shall not be liable for any damage arising from its unavailability or the User’s reliance on information so provided therein; damages of which may include without limitation to incidental or consequential loss or loss of profits in any venture whatsoever.
14. Prohibited Conduct
You agree not to use our Site to post or transmit data or any form of information including without limitation to text, messages, images, files, music, sound, photographs, software, graphics, tags, videos, or any other content that is:
I. Patently offensive and/or promotes physical harm, racism, hatred, or any other forms of discrimination and destructive ideologies against an individual or a group.
II. Harassing or advocates harassment against a group or individual.
III. Sexually exploitative or violent in any manner.
IV. Capable of collecting, storing, or otherwise transmitting personal information or provides street addresses, telephone numbers, last names, or email addresses of persons other than you.
V. Deemed to contain nudity, violence, or offensive subject matter.
VI. Promotional of information that you understand is invalid, misleading, or promotes activities and/or conduct that is abusive, vulgar, defamatory, or threatening.
VII. Guilty of copyright infringement and/or violates any third party’s intellectual or proprietary rights whatsoever.
VIII. Promotional of any criminal activity or offers instructional information pertaining but not limited to human trafficking, drug trafficking, illegal arms trade, violation of someone’s privacy, or the transmission of viruses.
IX. Capable of transmitting junk emails, chain letters, unsolicited mass emails, instant messages, spamming, phishing, or any form of cybercrime.
X. Disturbs, overburdens, or interferes in any way with our Site and/or Services or computer infrastructure used by our Site.
BY VIOLATING ANY OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY AND ANY ADDITIONAL TERMS, YOU SHALL BE LIABLE FOR ALL THE LOSSES AND DAMAGES THAT MAY ACCRUE FROM SUCH VIOLATIONS ON THE PART OF KAKUMA ECO-BAG, OUR COLLABORATING ENTITIES, PARTNER ORGANISATIONS, DONORS, OR MEMBERS.
15. Privacy Policy
We respect your privacy and allow you to control particular aspects of how we treat your personal information as outlined in our Privacy Policy, which can be found in the “Privacy Policy” section at the footer of our Site. The Privacy Policy is expressly incorporated into this Agreement through this reference. We are committed to compliance with applicable data protection laws of the Republic of Kenya.
16. Security Components
You expressly understand that our Site and the software embedded therein may constitute security components that permit the protection of digital components, and that the use of these materials is subject to our usage rules and/or those of any other authorized third-party providers affiliated with us. Under no circumstances should you attempt to override or evade any such important security components and usage rules embedded in our Site.
17. Statute of Limitations
You agree that irrespective of any statute or law to the contrary, any claim or instigation of action arising from or connected to the use of our Site, the Service, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever restrained.
18. Third-party Sites
Our Site may bear links to sites owned by other person(s) or entities other than our Organisation, including without limitation to advertisers, affiliated initiatives, donors, partner organisations, or others. Such outbound links are included solely for your convenience and by no means imply any explicit endorsement of such third parties’ content, products and/or services. By visiting such websites, we assume you do so at your own risk. Neither we nor our partner organisations, donors and/or affiliated entities assume any responsibility for loss or damage arising from your utilization of services and/or products of such third parties or any engagement in other forms of third-party transactions.
19. Waiver and Severability of Terms
Our failure to execute or otherwise enforce any right or provision(s) of this Agreement shall not constitute a waiver of such right or provision. If any right or provision of this Agreement is deemed invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should undertake to provide effect to the parties’ intentions as reflected in the provision, and the other provisions in this Agreement remain fully effective and enforced.
For questions regarding these Terms of Use, please contact us through the contact form available on our Site or email us at hello@kakumaecobags.org.