Terms of Use of SPORTSZU
1. Introduction
1.1 This web site is an on-line service of Sportszu Kenya
(referred to below as, 'we', 'our' or 'us').
1.2 These Terms of Use apply to any and all use of this web
site. By accessing and using this web site you agree to be bound by these Terms
of Use. We reserve the right to update or amend these Terms of Use at any time.
We may make alterations to these Terms of Use from time to time and these
variations shall become effective immediately upon being accessible from this
web site.
1.3 You have come to a web site that is aimed at the Kenyan
and East African markets. We cannot guarantee that it accords with local laws
in other countries.
1.4 If you are from outside of the East Africa or if you do
not agree with these Terms of Use, please do not access and use the rest of
this web site.
2. Privacy Policy
2.1 We make a commitment to protect your privacy. We collect
information to enable us to process your requirements and to provide you with
an up to date, efficient, and reliable service.
2.2 We may ask you to submit personal data to this web site
(for example your name, address and contact details) to enable us to provide
you with the services available through this web site. This information will be
kept securely in accordance with our internal security policy and may be used,
stored and processed to improve the operation, administration and development
of the web site as well as for marketing, advertising and promotional purposes.
2.3 Once you have registered as a member you will receive
emails periodically to keep you informed of important developments on the web
site and the tipster competition as well as relevant offers and
promotions. In addition you will be able
to set up and cancel email alerts for a variety of things from within the
members area. Should you wish to cancel
all emails from us, this can be done by terminating your membership, again from
within the members’ area, or by contacting us.
2.4 We have designed this web site principally for persons
aged 18 and over. Accordingly, some content of this web site may be
inappropriate for persons under 18 years of age. By using this web site you
agree that you are at least 18 years of age.
2.5 In order that you can enter chat rooms, email, bulletin
boards, chat areas, news groups, forums and/or other message or communication
facilities on the web site or participate in other activities we will ask the
user to register as a member of Sportszu and confirm that they are over 18
years of age.
2.6 We only ask for information that is necessary to enable
each web site user to use this web site satisfactorily.
2.7 Where requested on the web site, please select the
relevant options from the menus within the tipster members’ area. These options can easily be turned on or off
or set to be triggered in different circumstance. Only select these options to receive future
information by email regarding tipster activity, betting promotions and events
or other similar services if you are happy for us to email you on that basis,
and to use the information to improve the service we provide through this site.
If you select not to receive these emails / alerts then we will not use your
data in this way.
2.8 We will not transfer your information out to any
authority under any circumstances.
Cookies
2.9 In order to improve our service we may use a device
known as a 'cookie'. Cookies are a means by which information relating to your
Internet activity (such as whether you have visited our web site before) is recorded
and used by us to improve the web site and the services available to you
through this web site.
2.10 If you do not wish us to use cookies when you use this
web site please adjust your Internet browser settings so that it does not
accept cookies. Your computer's help file should tell you how to do this. For
example:
Internet Explorer version 4.0 and up:
- Pull Down Tools Menu and click on Internet Options;
- Click on Privacy tab;
- Choose between the range of "Accept All cookies"
to "Block All Cookies"
- Medium Privacy is the default in that range.
Netscape version 4.08 and up:
- Pull down Edit menu and click on Preferences;
- Click on Advanced category;
- Under Cookies section click on the "Disable
cookies" radio button;
- You may also choose to be less restrictive, but then check
the "Warn me before accepting a cookie" check box;
- Click on the OK button.
Alternatively you can contact us by visiting the “Contact Us”
page.
3. Use
3.1 You may not use our web site for any unlawful purpose.
You may not copy, reproduce, download, broadcast, transmit, publish, store,
modify, or otherwise commercially exploit or use any of our web site, without
our written permission.
3.2 You must not use this web site in any manner which could
damage, disable or overburden or impair this web site or interfere with any
other party's use of the web site.
4. Communications
4.1 We are engaged in the business of providing interactive
web services and ancillary to this we are engaged in the transmission, storage,
retrieval, hosting, formatting or translation of third party communications
without selection or alteration of the content of the communication
('Communications') for which we are a mere conduit. You agree and accept that we
have no responsibility to review the content of the Communications on our web
site all of which are made available on the basis that we shall not be required
to exercise any control or judgment of the content or the material posted or
contained therein.
4.2 The views expressed in any Communications are the views
of the individual authors and are not our views unless otherwise specified to
be so. In particular but without limitation to the above we are not responsible
for and we disclaim all liability in respect of any comments, views or remarks
expressed in any Communications.
4.3 We give no warranty and make no representation as to the
accuracy; currency or validity of the information and material contained within
the Communications or this web site and shall not be responsible for any loss
or damage caused as a result of any use of such material.
4.4 You agree and undertake that you will not post or
transmit to, through or using web site any statement, material or Communication
that:
4.4.1 is unlawful or which gives rise to civil or criminal
liability;
4.4.2 is technically harmful such as computer viruses,
worms, logic bombs or other malicious software or harmful data;
4.4.3 is defamatory, libelous, untrue, discriminatory,
obscene, inflammatory or racist material whatsoever.
4.4.4 You agree to indemnify and hold us harmless against
all liability it may have in respect of and arising out of your use of the this
web site and your Communications.
5. Liability
5.1 We provide and maintain this web site for personal use,
on an 'as is' basis. The content of our web site may contain inaccuracies and
typographical errors. The content of our web site is provided without any
representations or warranties of any kind (whether express or implied by law),
and all such representations and warranties are (to the fullest extent
permitted by law) hereby excluded.
5.2 Subject as aforesaid, to the maximum extent permitted by
law, we exclude liability for any loss or damage of any kind howsoever arising,
including without limitation any direct, indirect, punitive or consequential
loss whether or not such arises out of any problem you notify to us about and
we shall have no liability to pay any money by way of compensation, including
without limitation all liability in relation to:
5.2.1 Any incorrect or inaccurate information on the web
site and all interruptions to or delays in updating the service;
5.2.2 The infringement by any person of any intellectual
property rights of any third party caused by their use of this web site;
5.2.3 any amount or kind of loss or damage due to viruses or
other malicious software that may infect a user's computer equipment, software,
data or other property caused by persons accessing, using or downloading web
site, or from transmissions via emails or attachments received by us or our
licensees;
5.2.4 the availability, quality, content or nature of the
other sites on the internet that are owned and operated by third parties
("External Sites") to which this web site links and web sites located
on or through any External Site nor for any transactions involving External
Sites (including 'cookies', personal data, confidential information, or
purchases of domain names or other services). You should contact the site
administrator or webmaster for those External Sites if you have any concerns
regarding such links, web sites or transactions;
5.2.5 All representations, warranties, conditions and other
terms which but for these Terms of Use notice would have effect.
5.3 These Terms of Use above shall not limit any rights you
might have as a consumer that may not be excluded under applicable law nor
shall it exclude or limit our liability for death or personal injury resulting
from our negligence nor any fraudulent representation.
6. Rights
6.1 All the contents of our web site (including all
intellectual property and other rights in that content and in its arrangement)
are owned by us, or our subsidiaries or licensors and may not be used, copied
or altered without our express consent.
6.2 We do not give you any right or interest in any
copyright or intellectual property rights in any part of your web site nor the
right to copy any part.
6.3 Copyright extends to the design, look and feel of this
web site, including without limitation all images and designs on it.
6.4 You may use this web site for private and personal
non-commercial use only provided that all copyright, trade mark and other
notices on this web site are retained on any copy, and you must not make more
than one copy electronically of this web site or any of its contents.
6.5 This web site and our logos are trade names or trade
marks including without limitation Sportszu Kenya and such trade names and
trade marks may not be used by you or any third party without our express
written permission. No person other than the rightful owner or licensee of such
Intellectual Property Rights may:
6.6 distribute, modify, transmit, re-use, re-post, or use
any or all of the web site or the information contained therein for any purpose
other than as set out above nor for public or commercial purposes without our
or the relevant licensee's prior written permission;
6.7 provide hypertext links, URL Links, graphic links,
hyperlinks or other direct connection for profit or gain to web site without
our prior written permission;
6.8 display, publish, copy, print, post or otherwise use the
web site and the information contained therein for the benefit of any other
website without our or the relevant licensee's prior written permission;
6.9 process or otherwise use the information contained on or
within the web site for any illegal or immoral purpose nor use or process the
same unfairly.
7. Termination
7.1 We shall be entitled to terminate these Terms of Use and
immediately remove, cancel or suspend access to and use of Web site upon your breach
of any part of these Terms of Use whatsoever.
7.2 Termination shall be without prejudice to the accrued
rights of either party.
7.3 We shall not be liable in any amount for failure to
perform any obligation under these Terms of Use and if such failure is caused
by the occurrence of any unforeseen contingency beyond the reasonable control
of such party including without limitation Internet outages, communications
outages, fire, flood, war or act of God.
8 General
8.1 Except as provided above there are no other warranties,
conditions or other terms, express or implied, statutory or otherwise, and all
such terms are hereby excluded to the maximum extent permitted by law (but
subject to your statutory and common law consumer rights).
8.2 All questions, comments or enquiries should be directed
by email using the contact form here
8.3 We act as principal on our own account and not as agent
for you or any other person.
8.4 If we do not enforce any provision of these Terms of Use
such act will not be considered a waiver of any provision or right.
8.5 In the event that any part of these Terms of Use is held
to be unenforceable, such part will at our option be construed as far as
possible to reflect the parties' intentions and the remainder of the provisions
will remain in full force and effect.
8.6 These Terms of Use constitute the entire agreement
between you and us and shall apply to the exclusion of all other terms or
conditions of contract which you may purport to propose.
8.7 Use of web site and these Terms of Use are subject to
the laws of Kenya and East Africa which shall exclusively govern the
interpretation, application and effect of all the above permissions,
exclusions, licenses and conditions of use and shall be construed in accordance
with the laws of Kenya and East Africa and the parties submit to the exclusive
jurisdiction of the Kenyan courts.
8.8 It is hereby asserted that this web site is intended for
and directed at the East African audience and no representation or warranty is
made as to whether this web site complies with the regulatory regime and local
laws of any other countries.