Elimu Advisor Terms of Service

Effective 1st April 2016

ElimuAdvisor (also referred as Elimu Advisory Services) provides its services to you subject to the following conditions. By using ElimuAdvisor services you acknowledge that you have read and agreed by these terms and conditions.

The ElimuAdvisor privacy policy is incorporated into this agreement by reference. By using our website and services, you are expressly agreeing to the use and disclosure of your personally identifiable and other information as described in the privacy policy. Click here to review the privacy policy.

While using ElimuAdvisor we will ask you to submit certain personal information. When you submit your personal information, you represent to us that it is true and complete. Among other things, accurate information helps us to provide better services to you.

By accessing the website or otherwise using the services, you acknowledge that you have read, understand and agree to be bound by this agreement. If you do not agree with any of the terms of this agreement, you do not have permission to access the website or use the services. We reserve the right, at our sole discretion, to modify this agreement at any time by posting a modified version of this agreement to the website. You agree to be bound by the modified Terms of Use through your continued access to the Site or use of the Services.

With your access and use of this website and services, you agree to use the website and services only for lawful purposes. You also agree that you will not: (a) license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party our website or services; (b) modify or make derivative works based upon our website or services; or (c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of our website or services, or authorize any third party to do any of the forgoing.

Elimu Advisory Services owns the rights, title, and interest in and to our website and services, including the intellectual property rights. Intellectual property rights are all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. Furthermore, the ElimuAdvisor name and logo are our trademarks, and no right or license is granted to you herein to use such trademarks.

Our website may contain links to third party websites that are offered as a convenience. Those third party websites are not under our control and we are not responsible for any content on any linked website. Our inclusion of third party links does not imply that we endorse or accept any responsibility for the content on those websites. If you access a third party website from our website, then you do so with the understanding that the risk is yours.

You represent, warrant and covenant that: (1) You have the legal right and authority to enter into this agreement, and, if you are accepting this agreement on behalf of a company or other entity, to bind the company or other entity to the terms of this agreement; (2) You have the legal right and authority to perform your obligations under this agreement and to grant the rights and licenses described in this agreement and in any applicable additional agreement you enter into in connection with our website and any of our services; (3) All information that you provide to us in connection with this agreement and your access to our website and use of the services is correct and current.

You agree that you will indemnify, defend, and hold harmless Elimu Advisory Services and each of its respective employees, officer, directors, and affiliates, from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any of those indemnified parties arising from: (a) your accessing our website or use of our services including any materials disseminated or transmitted by you and/or your affiliates; (b) your breach of any term of this agreement; or (c) your negligence or intentional misconduct hereunder. We will provide you with notice of any such claim or allegation, and we will have the right to participate in the defense of any such claim at its expense.

At some point, ElimuAdvisor may establish subsidiaries or other related companies, or merge with or be acquired by another company. When that happens, then we may disclose to them your Information, in which case we will request them to abide by this Policy. We may also disclose some Information to a potential acquirer, although such disclosure would be subject to normal and customary requirements.

ElimuAdvisor will take reasonable measures to secure the Information Users provide to us, using industry-standard methods. All Information is protected by password and accessible only to authorized ElimuAdvisor personnel. However, there is a remote possibility that Internet transmissions containing a User’s personally identifiable Information may be intercepted by others. There is no way for us to ensure the privacy of User Information before it arrives at the Site or after it leaves the Site.

Disclaimer

The parties acknowledge that the services are provided to you strictly on an “as is” and “as available” basis with no warranties whatsoever. You recognize that the current state of technology does not allow for error-free access to the website and use of the services and interruptions, crashes and downtime that may occur from time to time. Elimu advisor does not represent or warrant that: (a) the use of the services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) the services will meet customer’s requirements or expectations; or (c) any results generated by using the services will be accurate, up-to-date, complete or reliable. Elimu Advisor disclaims all representations and warranties, whether express, implied, statutory or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, title or noninfringement of third party rights to the maximum extent permitted by applicable law. No oral or written information given by Elimu Advisor will increase the scope of the above warranties or create any new warranties. You agree that your access to the website and the information thereon is at your own risk and that you are solely responsible for any liability or damage you incur through access to the website or use of the services.

Limitation of Liability

In no event will Elimu Advisor be liable for any indirect, punitive, special, exemplary, incidental, consequential or other damages, whether in contract, tort or any other legal theory, arising out of, or in connection with the website, the information thereon, or these terms of use, including without limitation, the use or inability to use the website, even if ElimuAdvisor has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable.

General Provisions

These Terms of Use are the complete and exclusive statement of the agreement between ElimuAdvisor and you regarding the website and services and supersede any other agreement or proposal, oral or written (including information on our website), and any other communications between ElimuAdvisor and you. These Terms of Use will be governed by the laws of Kenya without regard to conflicts of law principles. There are no other third party beneficiaries under this agreement. You may not assign, delegate or otherwise transfer this agreement or any of your rights or obligations under this agreement without the prior written consent of us. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.

Your access to our website and services solely in accordance with the terms of this Agreement. We reserve the right, at our sole discretion, to terminate this agreement or your access to any part of the website or the services with or without notice to you and with or without cause. Upon termination of this agreement, all rights and licenses granted to you in this agreement will immediately cease to exist. The provisions of the general provisions, privacy policy, linked sites, limitation of liability, disclaimer, indemnification, representations and warranties, and use of website and services of this Agreement will survive termination of the Agreement for any reason.

Notices

Any notice by you under these Terms of Use must be delivered in writing by courier, or by certified or registered mail (postage prepaid and return receipt requested) to Elimu Advisor’s address set forth on the website. Such notice will be effective upon receipt or 5 business days after being deposited in the mail, whichever occurs sooner. We may deliver a notice to you by posting of a general notice on the website, which will be effective 48 hours after posting to the website.