KTDA Terms of Use & Privacy Policy
Last Updated 9th March 2011
This website is operated by KTDA Holdings Limited (KTDA) and the use of KTDA within this agreement shall also refer to its successors, assigns and subsidiaries. The use of this website including any information, tools and services available from the site, is conditional upon you the user accepting all the terms conditions, policies and notices stated here. Your use of this website constitutes your agreement to these Terms of Use.
PRIVACY POLICY
KTDA is committed to protecting your privacy. Any information we may gather about you is used by us only, so that we can make our website easier to use and more relevant to you, and keep you informed of our products and promotions.
KTDA does not sell, rent or release information gathered on our website to any individuals, companies or groups. Any information we gather is used for KTDA's own purposes as stated above.
You will only receive email communication from KTDA if you register your email information with us (for example, when you register for a coupon) and choose to be included in future email communications. A check box is always included with every KTDA registration page, so you can choose not to receive emails if you prefer. Any email you receive from us will contain information regarding opportunities that may benefit you, such as sales and coupon offers.
KTDA uses secure server software. Should you provide us with sensitive information for any reason (such as a credit card number), that information will be encrypted with industry standard SSL (Secure Socket Layer) technology. Please note that email is not encrypted and is not considered a secure means of transmitting credit card numbers.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE SITE
KTDA is not responsible for any inaccuracy in information made available on this site or its incompleteness. The material used on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information which is not necessarily current and is provided for your reference only. KTDA reserves the right to modify the contents of this site at any time but are not under any obligation to update any information on the site. You, the user, agree that it is your responsibility to monitor changes to the site.
KTDA COPYRIGHT & TRADEMARK
The KTDA™ wordmark and logo are registered trademarks of KTDA. All content on this site (including without limitation text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software as well as the selection and arrangement thereof) is the exclusive property of and owned by KTDA its licensors or its content providers and is protected by copyright trademark and other applicable laws in Kenya and other countries.
Nothing on this site shall be construed as granting by implication, estoppel or otherwise any license or right to use any trademark, logo or service mark displayed on the site without KTDA’s prior written permission. KTDA reserves all rights not expressly granted in and to the site and its content.
USE OF MATERIALS ON THE SITE
You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any copy you make must include this copyright notice: Copyright 2001 by Kenya Tea Development Agency all rights reserved. Any other use of content on the site including but not limited to the modification, distribution, transmission performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of , or the creation of derivative works from, any material information, software, products or services obtained from the site, or use of the site for purposes competitive to KTDA is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as may be updated from time to time.
CONDUCT ON THE SITE
Some features that may be available on this site require registration. By registering at and in consideration of your use of the site you agree to provide true, accurate, current and complete information about yourself.
Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made and acts or omissions that occur through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorised use of your password, notify KTDA immediately. KTDA shall assume that any communications received under your password have been made by you unless KTDA receives notice otherwise.
REGISTRATION & USE OF CONTACT INFORMATION
KTDA reserves the right to refuse or cancel any persons registration for this site, remove any person from this site or prohibit any person from using this site for any reason whatsoever. KTDA or its licensors or content providers retain full and complete title to the material provided on the site including all associated intellectual property rights and provide this material to you under a license that is revocable at any time in KTDA’s sole discretion. KTDA neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with KTDA.
You shall not use contact information provided on this site for unauthorised purposes including marketing. You shall not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. KTDA reserves the right, in its sole discretion, to limit or terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which KTDA may be entitled at law or in equity.
MATERIALS SUBMITTED BY USER
If you submit material to the site and unless otherwise indicated by KTDA, you grant KTDA an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that KTDA is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to KTDA. You grant KTDA and its affiliates the right to use the name you submit in connection with such material if they so choose. All personal information provided through this site will be handled in accordance wit the site’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify KTDA for all claims resulting from content you supply.
You acknowledge that you are responsible for any material you may submit to the site including the legality, reliability, appropriateness, originality and copyright of such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailing, or any form of “spam”. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
LINKS
The site may contain links to other websites which are operated by third parties or affiliates of KTDA. These links are provided as a convenience to you and as an additional avenue of access to information contained therein. KTDA avers that it has not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. KTDA is not responsible for any losses, damages or other liabilities incurred as a result of your use of a linked sites.
JURISDICTION AND APPLICABLE LAW
The Laws of Kenya shall govern these Terms of Use of the site and you irrevocably consent to the jurisdiction of the courts located in Kenya for any action arising out of or relating to these Terms of Use. This site has been designed to comply with the laws of Kenya. If any material on this site or your use of this site is contrary to the laws of the place where you are when you access it the site is not intended for you. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
CHANGES TO THE TERMS OF USE
KTDA reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part at any time, by positing revised terms on the site. It is your responsibility to check periodically for any changes KTDA makes to the Terms of Use. Our continued use of the site after any changes to the Terms of Use or other policies means you accept the changes.
ENTIRE AGREEMENT & ADMISSIBILITY
This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and KTDA with respect to the subject matter thereof and supersedes all prior or contemporaneous communications and proposals whether oral or written between the parties with respect to the subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SEVERABILITY
If any term or condition of this Agreement shall to any extent be found or held to be unlawful, invalid, void or unenforceable the remaining provisions of this Agreement shall not be affected and the terms and conditions shall be valid and enforceable to the full extent permitted by law.
DISCLAIMER
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KTDA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATIOIN ON THE SITE WIL BE COMPLETE,ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITE YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM KTDA THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.KTDA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIAL ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
THE DISCLAIMER PROVIDED SHALL BE ENFORCEABLE AS FAR AS IS PERMITTED BY THE LAWS OF THE JURISDICTION APPLICABLE.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORISED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNISING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KTDA NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR ANY OTHER SITE YOU ACESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS KTDA TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO KTDA OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON KTDA SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT,TORT, STRICT LIABILITY OR OTHERWISE EVEN IF KTDA, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. THIS DISCLAIMER APPLIES WITHOUT LIMITATION TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER KTDA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH KTDA IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND KTDA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless KTDA and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities expenses damages and costs including reasonable legal costs and court costs arising or resulting from your use of the site and any violation of these Terms of use.
CONTACT US:
If you have any questions or comments about these Terms of Use or this site please contact us by emailing us at:
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