Terms of Service

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Zana.ke and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you can link to other websites which are not under the control of Zana.ke. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Terms & Conditions

Welcome to ZANA.KE (the “platform”) which is solely owned and operated by DEVSONS INDUSTRIES Limited (the owner) (herein referred to as “us”, “we”” our”)

The following terms and conditions govern the access and use of this platform whether through the use of our platform, mobile telephone application or such other media and the contents and services offered to users (herein referred to as “you”, “your”) by the owner through the site. DEVSONS INDUSTRIES Limited may, at any time, add or remove content from this platform without notice.

1. Acceptance

Your continued use of the platform will be deemed acceptance of these Terms & Conditions, including our Privacy Policy Statement.

The following shall be deemed as use of the platform

a) Viewing, accessing or using the contents on the site

b) Completing the online registration process of the site

c) Sending inquiries or other messages using the platform

d) Liking, replying, commenting on, retweeting or otherwise engaging in our social media sites or links that lead back to the platform.

e) Purchase of products on the website, and payment for any purchases made.

2. Exclusive Rights

All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and platform structure) and video, and the look and feel, design and compilation thereof) at this Site are solely owned by us. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorized in writing by us, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

3. Permitted Use

The contents of this platform are strictly for information purposes to the public. The Owner permits the use of the platform solely for purposes of information. Upon placing of an order through the Platform the contractual relationship thereto shall be with the specific merchant and the following shall be deemed to be illegal use of the platform

a) use of this platform in any way that causes, or may cause, damage to the platform or impairment of the availability or accessibility of the platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

b) Use of this platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

c) Conduct of systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to this platform without our express written consent.

d) Transmission or sending unsolicited commercial communications.

e) Marketing or Sales of platform content, materials and services without our consent.

4. Restrictions

Access to certain areas of this platform such as the portal and staff links is restricted. We reserve the right to restrict access to other areas of this platform, or indeed this entire platform, at our sole discretion.

If we provide you with a user ID and password to enable you to access restricted areas of this platform or other content or services, you must ensure that the user ID and password are kept confidential.

We may disable your user ID and password in our sole discretion without notice or explanation.

Cookies

Cookies may be used on this website to gather data in relation to the functioning of the website and you consent to this through usage of the site (although you may be able to disable cookies on your web browser).

5. Intellectual Property Right

We are the sole owners and authorized users of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the platform, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the platform does not grant you any right, title, interest or license to any such intellectual property you may access on the platform Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

6. No Warranties

This platform is provided “as is” without any representations or warranties, express or implied. We makes no representations or warranties in relation to this platform or the information and materials provided on this platform. To the fullest extent permitted by law, we disclaim all express and implied warranties, including, without limitation, any warranties of merchantability, and fitness for a particular purpose, title and non-infringement. We do not warrant that the platforms shall be free from viruses, available or that the contents will be accurate. You agree that DEVSONS INDUSTRIES Ltd cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to DEVSONS INDUSTRIES Ltd or by manufacturers or suppliers changing product specifications without notice to DEVSONS INDUSTRIES Ltd. You further agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase. Notwithstanding the representations herein we do not warrant that this platform will be constantly available, or available at all or the information on this platform is complete, true, or non-misleading. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via contact us.

Nothing on this platform constitutes, or is meant to constitute, advice of any kind, contractual relations, and expression of interests, invitation to treat or to create any legal liability. The user shall consult with independent advisors whether attached to us or elsewhere prior to acting on information obtained from the platform.

We further make no warranties, express or implied, that any information or materials you post on or transmit through our platforms will be safe from unauthorized access or use. If you are dissatisfied with either of our platforms, your sole remedy is to discontinue using the specific platform.

7. No Liabilities

To the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for any loss, cost or damage direct, indirect, consequential, or otherwise suffered by you as a result of your use of our platforms or from any computer virus or malwares transmitted through either of our platforms or other sites accessed from this our platforms, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate whether in contract, tort, including but not limited to negligence, or otherwise arising from the terms and conditions, including our privacy statement, or use of the site exceed, in the aggregate, Kshs 100.00.

8. Indemnities

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities to your submission or transmission of information or material on or through either of our platforms or your violation of these Terms & Conditions or any other laws, regulations and rules and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

9. Variations

We reserve the exclusive right to revise these terms and conditions from time-to-time without any consultations or prior notice to you. The revised terms and conditions will apply to the use of this platform from the date of the publication and uploading on the platform of the revised terms and conditions on this platform.

10. Breach

Any action or use of this platform contrary to the permitted use, these terms and conditions and the privacy statement hereto shall constitute breach.

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to the platform, prohibiting you from accessing the platform, blocking computers using your IP address from accessing the platform, contacting your internet service provider to request that they block your access to the platform and/or bringing court proceedings against you, reporting you to the government authorities and other platforms and Web operators, blacklisting you on online blacklist services among other remedies.

11. Law and Jurisdiction

These Terms & Conditions, including the Privacy Policy Statement and any matter relating to this Site, shall be governed by the Kenyan law, and any disputes relating to these terms and conditions will be subject to the exclusive Jurisdiction of the Courts of Kenya