TERMS OF USE & COOKIES POLICY
Almazatech is the trading name of Almaza Kenya Ltd (Almazatech, us, our), a Kenyan private limited liability company, with a registered office in Kenya. We are registered in the Company Registry of Kenya, with registration number xxxxxx and holder of Kenyan Tax ID (PIN) XXXXX.
These terms of use (Terms of Use) (together with the documents referred to in it) inform you of the Terms of Use on which you may make use of our website (the Almazatech website). Use of the Almazatech website includes accessing, browsing, or registering to use the Almazatech website.
Please read these Terms of Use carefully before you start to use the Almazatech website, as these will apply to your use of the Almazatech website. We recommend that you print a copy of this for future reference.
By using the Almazatech website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Almazatech website.
OTHER APPLICABLE TERMS
These Terms of Use refer to the following additional terms, which also apply to your use of the Almazatech website:
- Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Almazatech website, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Cookies Policy sets out information about the cookies on the Almazatech website, which is set out below.
CHANGES TO THESE TERMS OF USE
You are expected to check this page on the Almazatech website from time to time to take notice of any changes Almazatech make, as they are legally binding on you. Some of the provisions contained in this document may also be superseded by provisions or notices published elsewhere on the Almazatech website.
CHANGES TO THE Almazatech WEBSITE
We may update the Almazatech website from time to time and change the content at any time. Any of the content on the Almazatech website may be out of date at any given time and we are under no obligation to update it. Almazatech does not guarantee that the Almazatech website, or any content on it, will be free from errors or omissions.
ACCESSING THE Almazatech WEBSITE
Almazatech does not guarantee that the Almazatech website, or any content on it, will always be available or be uninterrupted. Almazatech may suspend, withdraw, discontinue or change all or any part of the Almazatech website without notice. Almazatech will not be liable to you if for any reason the Almazatech website is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Almazatech website. You are also responsible for ensuring that all persons who access the Almazatech website through your internet connection are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.
ACCOUNT AND PASSWORD
Where a user identification code, password or other pieces of information is required in order to use the website, such information is confidential. Almazatech has the right to disable any user identification code or password if, in Almazatech’s reasonable opinion, you have failed to comply with any of the provisions of the terms and conditions. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at business@almazatech.com. (Ensure email is live)
INTELLECTUAL PROPERTY RIGHTS
Almazatech is the owner or the licensees of all intellectual property rights in the Almazatech website. All such rights are reserved. You may print or download extracts of any page(s) from the Almazatech website for your use and you may draw the attention of others within your organisation to content posted on the Almazatech website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Almazatech’s status and that of any identified contributors as the authors of content on the Almazatech website must always be acknowledged. You must not use any part of the content on the Almazatech website for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the Almazatech website in breach of these Terms of Use, your right to use the Almazatech website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
NO RELIANCE ON INFORMATION
The content on the Almazatech website is provided for general information only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Almazatech website. Although Almazatech makes reasonable efforts to update the information on the Almazatech website, Almazatech makes no representations, warranties or guarantees, whether express or implied, that the content on the Almazatech website is accurate, complete or up to date.
PROHIBITED USES
You may use the Almazatech website only for lawful purposes. You may not use the Almazatech website:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Almazatech will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on the Almazatech website, and Almazatech will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks.
Almazatech are under no obligation to oversee, monitor or moderate any interactive service Almazatech provide on the Almazatech website, and Almazatech expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Almazatech monitors user activity and content on a random basis. Any user found to have used the site in a manner which contravenes this document will be denied access. All reports of misuse will be investigated, and an appropriate response provided within three days of receipt.
BREACH
Almazatech will determine, at Almazatech’s discretion, whether there has been a breach of these Terms of Use through your use of the Almazatech website. When a breach has occurred, Almazatech may take such action as Almazatech deems appropriate. Failure to constitutes a material breach of the Terms of Use upon which you are permitted to use the Almazatech website, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use the Almazatech website;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to the Almazatech website;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you;
- Disclosure of such information to law enforcement authorities as Almazatechreasonably feel is necessary.
The responses described here are not limited and Almazatech may take any other action Almazatech reasonably deems appropriate.
LIMITATION OF LIABILITY
Nothing in these Terms of Use excludes or limits Almazatech’s liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, Almazatech excludes all conditions, warranties, representations or other terms which may apply to the Almazatech website or any content on it, whether express or implied.
Almazatech will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Almazatech website;
- use of or reliance on any content displayed on the Almazatech website;
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Almazatech will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Almazatech website or to your downloading of any content on it, or on any Almazatech website linked to it.
Almazatech assumes no responsibility for the content of Almazatech sites linked on the Almazatech website. Such links should not be interpreted as an endorsement by us of those linked Almazatech sites. Almazatech will not be liable for any loss or damage that may arise from your use of them.
LINKING TO THE Almazatech WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Almazatech website in any Almazatech website that is not owned by you. The Almazatech website must not be framed on any other site, nor may you create a link to any part of the Almazatech website other than the home page. Almazatech reserves the right to withdraw linking permission without notice.
The Almazatech website in which you are linking must comply in all respects with the content standards set out in our Terms of Use. If you wish to make any use of the content on the Almazatech website other than that set out above, please contact business@almazatech.com.
THIRD-PARTY LINKS AND RESOURCES ON THE Almazatech WEBSITE
Subject to the limitations of liability set out herein, where the Almazatech website contains links to other sites and resources provided by third parties, these links are provided for your information only. Almazatech has no control over the contents of those sites or resources.
OUR RELATIONSHIP
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Almazatech as a result of these Terms of Service or your use of this Almazatech website. You agree that you may not and will not claim to be a representative, agent, or employee of Almazatech, and Almazatech shall not be liable for any representation, act, or omission on your part.
COOKIES
Cookies help us make our website more useful. We use cookies on the Almazatech website to help analyse visitor numbers and find out which of our pages are most popular using Google Analytics. It is very important for us to be able to see what parts of our website are accessed most so that we can ensure that we bring you the most up-to-date and relevant information.
WHAT IS A COOKIE?
A cookie is a small amount of data sent to your computer or mobile phone from a website. This means the website can recognise your device if you return to the same website. A cookie often includes a unique identifier, which is a randomly generated number. This is stored on your device’s hard drive. Many cookies are automatically deleted after you finish using a website. Cookies are not programs and do not collect information from your computer.
HOW TO MANAGE COOKIES
Cookies are sent to your browser by a website and then stored in the cookies directory on your computer. To check and update your cookies settings, you will need to know what browser you are using and what version of it you have. You can usually find this out by opening the browser (just as you do to use the internet), then clicking on ‘Help’ and then ‘About’. This will give you information about the browser version you are using. To find out how to allow, block, delete and manage cookies, visit www.aboutcookies.org and select the browser you are using. You can also read your browser’s built-in or online help for more information. See your manual handset to find out how to manage cookies on your mobile phone.
WHAT WILL HAPPEN IF I DECLINE OR BLOCK COOKIES?
If you decline cookies then the Almazatech website usage won’t be counted so we won’t be able to take your actions into account when analysing data and looking at ways to improve our website.
COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. Complaints relating to any violations of these Terms of Use should be submitted in writing via business@almazatech.com. Complaints must unambiguously state the nature of the problem, and its connection to Almazatech.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws of Kenya.