Terms of Service

1. Introduction and Acceptance of Terms

This section establishes a legally binding agreement. Please read these conditions of use carefully as they govern your use of these digital touchpoints. By accessing the Sites, you agree to be bound by them. If you do not agree to be bound by these conditions of use you should not access or view the Sites.

These Terms apply to your access to, and use of, all or part of any website or mobile application of KAM and any other site, mobile application or online service where these Terms are posted (collectively, the "Sites"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with KAM for products, services or otherwise.

In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Sites, these Terms will govern. However, if you navigate away from the Sites to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site.

2. Eligibility

The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. A USER MUST BE AT LEAST AGE 18 TO ACCESS AND USE THE SITES. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

KAM is a membership organization. Our membership is open to all manufacturers, service providers, and allied industries operating within Kenya, subject to an application and approval process as per KAM’s membership policy.

In order to participate in certain areas of our Sites, you will need to register for an account. You agree to:

• create only one account;
• provide accurate, truthful, current and complete information when creating your account;
• maintain and promptly update your account information;
• maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
• promptly notify KAM if you discover or otherwise suspect any security breaches relating to the Sites; and
• take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Members are required to pay annual membership dues and any other specified fees. Failure to pay dues may result in the suspension or termination of membership and related services. Dues are non-refundable.

3. Privacy

Please read the Privacy Policy carefully to understand how KAM collects, uses and discloses personally identifiable information from its users. By accessing or using the Sites, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

4. Copyright, Trademarks, and User License

Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, the KAM logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the property of KAM or its licensors or users and are protected by Kenyan and international copyright laws.

Kenya Association of Manufacturers, KAM, the KAM logo, and other KAM trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of Kenya Association of Manufacturers (collectively "KAM Marks"). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively "Third Party Marks"). The KAM Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of KAM or the applicable trademark holder.

The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, national laws, and other proprietary rights and also may have security components that protect digital information only as authorized by KAM or the owner of the Content. All rights not expressly granted are reserved.

Subject to these Terms, KAM grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites ("Content") is prohibited.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use Rights to, any intellectual property or other right and any goodwill associated therewith. These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

5. User Content

KAM does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is KAM liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.

If you become aware of User Content that you believe violates these Terms (with the exception of copyright infringement which is addressed in the KIPI Act), you may report it by clicking on the "Report Abuse" or "Flag" links located just below each piece of User Content. Enforcement of these Terms however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances.

In addition, these Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by these Terms. Although KAM has no obligation to screen, edit or monitor any of the User Content posted on the Sites, KAM reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.

You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to KAM that you grant herein. KAM claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement.

However, by submitting or posting User Content on the Sites, you grant KAM and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release KAM and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.

6. Indemnification

The User agrees to defend, indemnify, and hold harmless KAM and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("KAM Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including lawyers’ fees) ("Claims") that arise from or relate to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites.

Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a KAM Indemnitee’s sole negligence. KAM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

7. Warranties; Disclaimers

KAM is providing the sites to the user "as is" and the user is using the sites at his or her own risk. To the fullest extent allowable under applicable law, KAM disclaims all warranties, whether express or implied, including any Warranties that the sites are merchantable, reliable, available, accurate, fit for a particular purpose or need, non-infringing, free of defects or viruses, able to operate on an uninterrupted basis, that the use of the sites by the user is in compliance with laws applicable to the user, or that user information transmitted in connection with the sites will be successfully, accurately, or securely transmitted or received.

The materials and information on the sites may include technical inaccuracies or typographical errors. Notwithstanding the foregoing, none of the disclaimers in this paragraph shall apply to warranties related to personal injury.

8. Third Party Content, Sites, Products and Services

KAM may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by KAM of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness.

You acknowledge and agree that KAM is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk.

When you visit other sites via Third Party Content or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You must comply with any applicable third-party terms when using the Sites.

9. Modifications to the Sites

KAM reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that KAM will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

10. Governing Law and Jurisdiction

This Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Kenya.

11. Termination

Notwithstanding any of these Terms, KAM reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. KAM’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

12. Amendments to the Terms

KAM reserves the right to update or modify these terms at any time. We will notify users of significant changes by posting the new Terms of Service on the website or through direct communication. Continued use of the website and services after any such changes constitutes your acceptance of the new terms.

13. Miscellaneous

If any part of these conditions of use is found to be invalid, unlawful or unenforceable by a court of a competent jurisdiction, such part shall to that extent be severed from the remaining parts of these conditions of use which shall not be affected and remain in full force and effect.

Any failure by KAM to exercise or enforce any right or provision of the conditions of use shall not constitute a waiver of such right or provision, and KAM shall still be entitled to use our rights and remedies at a later date or in any other situation where you breach these conditions of use.

KAM may, at its option, cede, assign, or otherwise transfer any or all of our rights and obligations under the conditions of use to any third party or parties at any time.

These conditions of use govern our relationship with you and represent our entire agreement with you.

14. Contact