Terms of Use

By using this website, you agree to the terms and conditions listed below:

By using the businesslistingkenya.com website (“Service”), or any of its services, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICE.

Businesslistingkenya.com reserves the right to update and change the Terms of Service occasionally without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to the new changes. You can review the most current version of the Terms of Service at any time at: https://businesslistingkenya.com/terms-of-use.

Violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk.

A. Account Terms

You must be 13 years or older to use this Service
You must provide your legal full name, a valid email address, and any other information requested to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. Businesslistingkenya.com cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
The payment processing system may only be used for services that are fulfilled through the Businesslistingkenya.com platform. The purchase of other 3rd party services that are not fulfilled through the Businesslistingkenya.com platform (marketing services, subscriptions to other services or websites, advertising agreements, etc) cannot be charged through the payment processing system of the Businesslistingkenya.com website. This is done to protect users from credit card fraud and other potential financial damage.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have login access to your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

B. Payment, Refunds, Upgrading and Downgrading Terms

All plans must enter a valid credit card (or debit card) and a valid credit card alternatively payment may be made using PayPal.
All plans will continue and renew automatically for subscriptions unless properly cancelled. (see Section C #1)
The Service is billed in advance on a monthly, yearly, or otherwise defined term or period basis and is non-refundable.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds. To treat all users of the Service equally, no exceptions will be made.
Promotions, discounts, deals, and/or additional offers may not be applied after a sale or transaction has been completed.
All fees are inclusive of tax.
If a scheduled payment is missed or cannot be processed and remains past due, services may be stopped or cancelled and service cancellation notices may be sent via email to all email addresses associated with the account.

C. Cancellation and Termination

You are solely responsible for properly canceling your account. An email request to cancel your account is required to cancel your Account and stop ongoing payments for subscriptions. Emails must be sent as described on the Contact page.
To prevent fraud or accidental cancellations, additional security information may be required to protect you from falsified cancellations. Until such security information can be provided to verify your identity, your account and the Service will remain active.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
Businesslistingkenya.com, in its sole discretion, has the right to refuse service to current or future users of the Service, or any other Businesslistingkenya.com service, for any reason at any time. Reasons for this may include but are not limited to using the Service for illegal purposes or using the Service to post illegal content.
If a credit card dispute is opened for a payment made for The Service, or if a scheduled payment for The Service is stopped, cancelled or disputed, your account may be terminated immediately, access to The Service will be cancelled and all refund agreements will be voided.
1. In the event of a credit card dispute, access to The Service will only be restored once one of the following occurs:
  1. The Merchant Provider of The Service has provided due notification that the credit card dispute has been resolved in full and has provided The Service unrestricted access to the disputed funds.
  2. The full amount of the disputed credit card, plus any other fees due, plus any additional fees incurred by the Service as a result of the credit card dispute has been paid in full. Once The Merchant Provider of The Service has provided The Service unrestricted access to the disputed funds of the initial transaction, said funds will be refunded to the Customer via the standard refund procedure of The Merchant.

D. Modifications to the Service and Prices

Businesslistingkenya.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change. Such notice may be provided at any time by posting the changes to the Businesslistingkenya.com site.
Businesslistingkenya.com shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Transferring ownership and liability of your account for the Service is possible. This requires an email and/or phone request to transfer ownership of the Service to a new party. To prevent fraud or accidental ownership transfers, additional security information may be required to protect you from falsified transfers. Until such security information can be provided to verify your identity, your account and the Service will not be transferred to another party. A one-time transfer fee may apply to transfer ownership and liability of the Service to a new party.

E. Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your domain name, ideas, and Content uploaded (including but not limited to videos, audio recordings, file attachments, and written text) remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your Content.
In no way does using the Service define a legal partnership with Businesslistingkenya.com including but not limited to co-ownership, ownership, partnership, or any other type of bounded legal interest including but not limited to intellectual property, financial gains, financial losses, profits, investments, content, liability, promises, damages, demands, claims, suits, or proceeding.
Businesslistingkenya.com does not pre-screen users of the Service and allows anyone to use the Service, but Businesslistingkenya.com has the right (but not the obligation) in its sole discretion to refuse or remove any users from using the Service.
Businesslistingkenya.com does not pre-screen Content, but it has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Service.
If a user or users of the Service infringe on the intellectual property rights of another user of the Service over the material that you provide to the Service including but not limited to your domain name, ideas, content (including but not limited to videos, audio recordings, file attachments, and written text), business models, communications, or recipients, you agree that Businesslistingkenya.com assumes no liability, damages, interest, fault, and provides no warranty against this, and you waive any right to pursue any claim, demand, suit or proceeding against Businesslistingkenya.com.
Businesslistingkenya.com is not affiliated with any users of the Service
Businesslistingkenya.com claims no relationship, association, or affiliation with users of the Service.
Any information and opinions expressed by you, the user, through the Service, are solely those of the user and are not of Businesslistingkenya.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS.
You shall defend Businesslistingkenya.com against any claim, demand, suit or proceeding made or brought against Businesslistingkenya.com by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Businesslistingkenya.com for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Businesslistingkenya.com in connection with any such claim, demand, suit or proceeding; provided, that Businesslistingkenya.com (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Businesslistingkenya.com of all liability); and (c) provides to You all reasonable assistance, at Your expense.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses outlined in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all fees, and any other monies owed because of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
You agree that Businesslistingkenya.com is not responsible for, and does not endorse, Content posted within the Service. Businesslistingkenya.com does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
Except as otherwise described in the Service’s Privacy Policy, available at https://businesslistingkenya.com/privacy-policy/, as between you and Businesslistingkenya.com, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Businesslistingkenya.com is not a confidential, fiduciary, or any other type of special relationship, and that your decision to submit any Content does not place Businesslistingkenya.com in a position that is any different from the position held by members of the general public, including concerning your Content. None of your Content will be subject to any obligation of confidence on the part of Businesslistingkenya.com, and Businesslistingkenya.com will not be liable for any use or disclosure of any Content you provide.

F. General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and may be available via email, phone, or live text chat.
You understand that Businesslistingkenya.com uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt, or hack the Service or modify another website to falsely imply that it is associated with the Service, Businesslistingkenya.com, or any other Businesslistingkenya.com service.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without the express written permission of Businesslistingkenya.com.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Businesslistingkenya.com customer, employee, member, or officer will result in immediate Account termination.
Threats against employees: We cannot accept such behavior and regard it as a material breach of the Terms & Conditions of The Service which can lead to the immediate termination of your account for The Service and the filing of a report with the relevant authorities. We aim to work with you in a professional, courteous, and productive manner.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
Businesslistingkenya.com does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Businesslistingkenya.com shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Businesslistingkenya.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the Service.
The failure of Businesslistingkenya.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Businesslistingkenya.com and govern your use of the Service, superseding any prior agreements between you and Businesslistingkenya.com (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Kenya law.
Questions about the Terms of Service should be sent to us according to the directions given on the Contact page.

Accuracy and Availability of Information

The Site contains database information and other content compiled by Businesslistingkenya.com. While we use commercially reasonable efforts to provide accurate information, Businesslistingkenya.com gives no warranty as to the accuracy of the database and other content on the Site. Businesslistingkenya.com reserves the right to withdraw or delete information or content from the Site at any time.

Limitation of Liability; Waiver

Under no circumstances will businesslistingkenya.com be liable to you for any loss or damages of any kind (including, without limitation, any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to:

(a) the service;

(b) the businesslistingkenya.com content;

(d) your use of, inability to use, or the performance of the service;

(e) any action taken in connection with an investigation by the businesslistingkenya.com parties or law enforcement authorities regarding your or any other party’s use of the service;

(f) any action taken in connection with copyright or other intellectual property owners;

(g) any errors or omissions in the service’s operation; or

(h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the businesslistingkenya.com parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the service).

In no event will the businesslistingkenya.com parties be liable to you or anyone else for loss, damage, or injury, including, without limitation, death or personal injury.

In no event will the businesslistingkenya.com party’s total liability to you for all damages, losses, or causes or actions exceed KSh. 5,000. You agree that in the event you incur any damages, losses, or injuries that arise out of businesslistingkenya.com’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the businesslistingkenya.com parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the businesslistingkenya.com parties. by accessing the service, you understand that you may be waiving rights concerning claims that are at this time unknown or unsuspected, and under such waiver, you acknowledge that you have read and understood.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Businesslistingkenya.com’s request), indemnify, and hold the Businesslistingkenya.com Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf):

(i) your Content or your access to or use of the Service;

(ii) your breach or alleged breach of these Terms of Use;

(iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right;

(iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or

(v) any misrepresentation made by you. You will cooperate as fully required by Businesslistingkenya.com in the defense of any claim. Businesslistingkenya.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Businesslistingkenya.com.

Entire Agreement; Severability; No Waiver

This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. If you are using the Service on behalf of a legal entity, you represent that you are authorized to agree on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Businesslistingkenya.com and govern your use of the Service, superseding any prior agreements between you and Businesslistingkenya.com. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Businesslistingkenya.com. Any purported assignment or delegation by you without the appropriate prior written consent of Businesslistingkenya.com will be null and void. Businesslistingkenya.com may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.