Terms and Conditions - Kenya Business Portal TukoBiz - Business Directory, Free Classified Ads Listing

KENYA BUSINESS PORTAL – TukoBiz.co.ke TERMS OF USE

1. ACCEPTANCE OF TERMS

TukoBiz.co.ke (“TukoBiz”) provides a collection of online resources, including free/regular and featured classified ads and an interactive Business Portal, (referred to hereafter as “the Portal”) subject to the following Terms of Use (“Terms”). By using the Portal in any way, you are agreeing to comply with the Terms. In addition, when using particular TukoBiz services, you agree to abide by any applicable guidelines for all TukoBiz services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with TukoBiz in any way, your only recourse is to immediately discontinue use of TukoBiz. TukoBiz has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at:

https://biz.inspimate.co.ke/terms-and-conditions/

3. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Portal, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Portal. You understand that TukoBiz does not control, and is not responsible for Content made available through the Portal, and that by using the Portal, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the TukoBiz site and Content available through the Portal may contain links to other websites, which are completely independent of TukoBiz. TukoBiz makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TukoBiz be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Portal. You acknowledge that TukoBiz does not pre-screen or approve Content, but that TukoBiz shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Portal, for violating the letter or spirit of the Terms or for any other reason.

4. THIRD PARTY CONTENT, SITES, AND SERVICES

The TukoBiz site and Content available through the Portal may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of TukoBiz, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Portal, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that TukoBiz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that TukoBiz is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TukoBiz, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

5. NOTIFICATION OF CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement,or illegal/fraudulent or your intellectual property rights have been otherwise violated, please notify TukoBiz’s agent for notice of claims of copyright or other intellectual property infringement (“Officer”), at

		Copyright Regulations 
		copyright@tukobiz.co.ke

a) Identify the material on the TukoBiz site that you claim is infringing, with enough detail so that we may locate it on the website;also available complaints section on products/service/post/ads sidebar
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and

TukoBiz will remove the infringing posting(s) or ads, subject to investigation and conclusion the infringement.

6. PRIVACY AND INFORMATION DISCLOSURE

TukoBiz has established a Privacy Policy and General Data Protection Regulation (GDPR) for EU users to explain to users how their information is collected and used, which is located at the following web address: https://biz.inspimate.co.ke/privacy-policy-gdpr/
Your use of the TukoBiz website or the Portal signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that TukoBiz may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of TukoBiz, its users or the general public.

7. CONDUCT

You agree not to post, email, or otherwise make available Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
g) that impersonates any person or entity, including, but not limited to, a TukoBiz employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person’s explicit consent;
i) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual relationships or no-disclosure contracts;
k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; SUCH WILL BE AUTOMATICALLY BE EXPUNGED
l) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the TukoBiz sites which are not designated for such purposes; or emailed to TukoBiz users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in Tukobiz;
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web address for your convenience: https://biz.inspimate.co.ke/prohibited-items/
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Portal, or that otherwise negatively affects other users’ ability to use the Portal; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Portal.

r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone; YOU CAN DO THAT ON SOCIAL MEDIA
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Portal – unless expressly permitted by TukoBiz;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or in more than one metropolitan area;
x) attempt to gain unauthorized access to TukoBiz’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Portal or the TukoBiz website; or
y) use any form of automated device or computer program that enables the submission of postings on TukoBiz without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by TukoBiz; or
z) use any form of automated device or computer program (“flagging tool”) that enables the use of TukoBiz’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.

8. LISTING AGENT(S)

A “Listing Agent” is a third-party agent, service, or intermediary that offers to post Content to the Portal on behalf of others. To moderate demands on TukoBiz’s resources, you may not use a Listing Agent to post Content to the Portal without express permission or license from TukoBiz. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Portal to facilitate posting Content on behalf of others, except with express permission or license from TukoBiz.

9. NO SPAM POLICY

Any unauthorized use of TukoBiz computer systems for sending unsolicited email advertisements to TukoBiz email addresses or through TukoBiz computer systems is expressly prohibited by these Terms and is a violation of these Terms. Such violations may subject the sender and his or her agents to civil and criminal penalties.

10. PAID ADS POSTINGS

We charge a fee that is subject to change based on set PRICING PLANS (View here https://biz.inspimate.co.ke/pricing-plans/). The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Portal is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from the Portal for violating the Terms.

11. LIMITATIONS ON SERVICE

You acknowledge that TukoBiz may establish limits concerning use of the Portal, including the maximum number of days that Content will be retained by the Portal, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Portal, and the frequency with which you may access the Portal. You agree that TukoBiz has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Portal. You acknowledge that TukoBiz reserves the right at any time to modify or discontinue the Portal (or any part thereof) with or without notice, and that TukoBiz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Portal.

12. ACCESS TO the Portal

TukoBiz grants you a limited, revocable, non-exclusive license to access the Portal for your own personal use.

(a) access to the Portal by Posting Agents; or
b) any collection, aggregation, copying, duplication, display or derivative use of the Portal nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TukoBiz.

A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Portal

Use of the Portal beyond the scope of authorized access granted to you by TukoBiz immediately terminates said permission or license.

13. TERMINATION

You agree that TukoBiz, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Portal (or any part thereof), immediately and without notice, and remove and discard any Content within the Portal, for any reason, including, without limitation, if TukoBiz believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that TukoBiz shall not be liable to you or any third-party for any termination of your access to the Portal. Further, you agree not to attempt to use the Portal after said termination. Sections 2, 4, 6 and 10-18 shall survive termination of the Terms.

14. PROPRIETARY RIGHTS

The Portal is protected to the maximum extent permitted by copyright laws. Content displayed on or through the Portal is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TukoBiz. You further agree not to reproduce, duplicate or copy Content from the Portal without the express written consent of TukoBiz, and agree to abide by any and all copyright notices displayed on the Portal. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Portal. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Portal. Although TukoBiz does not claim ownership of content that its users post, by posting Content to any public area of the Portal, you automatically grant, and you represent and warrant that you have the right to grant, to TukoBiz an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Portal, you automatically grant TukoBiz all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Portal by any party for any purpose.

15. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE TukoBiz SITE AND the Portal IS ENTIRELY AT YOUR OWN RISK. THE TukoBiz SITE AND the Portal ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TukoBiz DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE TukoBiz SITE AND the Portal. TO THE FULLEST EXTENT PERMITTED BY LAW, TukoBiz DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE TukoBiz SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE TukoBiz SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, TukoBiz DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE TukoBiz SITE OR the Portal. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

16. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TukoBiz BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TukoBiz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE TukoBiz SITE OR the Portal, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE TukoBiz SITE OR the Portal, FROM INABILITY TO USE THE TukoBiz SITE OR the Portal, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE TukoBiz SITE OR the Portal. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TukoBiz SITE OR the Portal OR ANY LINKS ON THE TukoBiz SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE TukoBiz SITE OR the Portal OR ANY LINKS ON THE TukoBiz SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

17. INDEMNITY

You agree to indemnify and hold TukoBiz, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Portal, your use of the Portal, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18. GENERAL INFORMATION

The Terms constitute the entire agreement between you and TukoBiz and govern your use of the Portal, superceding any prior agreements between you and TukoBiz. The Terms and the relationship between you and TukoBiz shall be governed by the laws of the County of Washington without regard to its conflict of law provisions. You and TukoBiz agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington. The failure of TukoBiz to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Portal or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. FEEDBACK

We welcome your questions and comments.