Privacy and legal policy
By using the website and/or registering yourself at www.kenbright.co.ke you authorize Kenbright Insurance Brokers Limited (“Kenbright”), our affiliates & our associate partners to contact you via email or phone or SMS and offer you their services for the product you have opted for, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, as well as for web aggregation, personally identifiable information may be collected as detailed below. Irrespective of the fact if also you have registered yourself under national or international Do Not Disturb (DND) or Do Not Call (DNC) or National Customer Preference Register (NCPR) service, you still authorize Kenbright, our affiliates & our associate partners to give you a call for the above-mentioned purposes until the expiry of 60 days of your registration with us.
Personally Identifiable Information.
Use of Personally Identifiable Information.
We may use personally identifiable information for the following and other like purposes:
- upon your request, to connect you with third parties, including vendors and other service providers, who will provide you with information about products and services.
- Upon your submission of personally identifiable information to us, which submission you understand and agree constitutes making an “inquiry” to us and our affiliated entities, to contact you or allow our vendors to contact you via telephone for a limited period even if the telephone number you submitted appears on any DND, DNC and/or NCPR.
- To respond to your inquiries and fulfill your requests, such as to send you additional information or regular newsletters.
- To send you important information regarding our website, changes to our terms, conditions, and policies and/or other administrative information.
- To send you surveys and marketing communications that we consider may be of interest to and suitable for you.
- To personalize your experience on our website and any of our other websites by presenting advertising, products and offers tailored to you.
- To present you with advertisements tailored to you on certain third-party websites, including on Google, Facebook, Twitter, Instagram and like sites.
- ) To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have separate additional rules, which could contain additional information about how we use and disclose your personally identifiable information, and we advise that you read these separate additional rules carefully.
- ) Where applicable, to allow you to send messages to a friend through our website. By using this functionality, you declare that you are entitled to use and provide us with your friend’s name and email address.
- For our internal and proprietary business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends, and determining and improving the effectiveness of our promotional campaigns.
- ) Upon your purchase of a product or service from us, to complete and fulfill your purchase, for example, to have your payments processed, communicate with you regarding your purchase and provide you with related customer service
Non-Personally Identifiable Information.
Use of Non-Personally Identifiable Information.
Internet Protocol (IP) Addresses.
Your “IP Address” is a number that is automatically assigned to the computer you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files whenever a user visits our website, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice on the Internet and is done automatically by many web sites. We use IP addresses for purposes such as calculating website usage levels, helping diagnose server problems, geographic mapping and administering the website. We may also use and disclose IP addresses for all the purposes for which we use and disclose personally identifiable information. Please note that we treat IP addresses, server log files and related information as non-personally identifiable information, except where we may combine them with personally identifiable information or are required to do otherwise under applicable law.
Information Sharing and Disclosure.
Your personally identifiable information may be disclosed:
- To our third-party service providers who provide services such as contact information verification, payment processing, order fulfillment, customer service, website hosting, data analysis, infrastructure provision, information technology services, email delivery services, auditing services and other like services to enable them to properly provide these services.
- Upon your request for information from vendors for them (or for other third parties who provide similar services) to provide you with information about their products and services. We are not responsible or liable for vendors’ use of your personally identifiable information.
- Upon exercising your option to download a white paper, e-Book, or other resource, to our clients, partners and current and future sponsors of that resource. If you do not want to be contacted by these and like third parties, please do not download, view or otherwise access any white papers, eBooks and other resources.
- Upon posting your curriculum vitarum (CV) or resume on our website and permitting it to be searched/searchable by potential employers and staffing agencies, to these potential employers and staffing agencies. We do not control the use and disclosure of personally identifiable information by such potential employers and staffing agencies. While it may be our aim for only employers or staffing agencies to gain access to personally identifiable information in CV’s or resumes, we cannot guarantee that no other persons or entities will gain such access. We are not responsible for the use or disclosure by others of any personal information you disclose in your CV or resume.
- To third party sponsors of sweepstakes, contests and similar promotions.
- Upon your sending a message through our website, to identify you as the sender to the recipient you indicated. We will ask you for such recipient’s name and email address and will store both email addresses for the purpose of sending such message.
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public information, and may be available to visitors to our website and to the general public.
- By you, if you have provided a testimonial about a site and given us permission to post that testimonial on our website.
- As we believe to be necessary or appropriate:
- under applicable law, including laws outside your country of residence;
- to comply with legal process;
- to respond to requests from public and government authorities including public and government authorities outside your country of residence;
- to enforce our terms and conditions;
- to protect our operations or those of any of our affiliates;
- to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and
- to allow us to pursue available remedies or limit the damages that we may sustain.
Third Party Advertising.
We may use third-party advertising companies and/or advertising agencies to serve advertisements when you visit our website. These companies may use information (excluding your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you. We use third-party service providers to serve advertisements on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the user. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third-party service provider, please visit the Network Advertising Initiative opt out web page by clicking here. You can also read more about online marketing practices and the technologies that support them by visiting the Network Advertising Initiative website by clicking here.
Legal and Regulatory Limitations.
There may be affiliates or other sites linked to our web site. Personally identifiable information that you provide to those sites are not our property. The affiliated sites may have different privacy policies and practices and we encourage you to read their respective privacy policies. These sites may also place their cookies or other files on your computer, collect data or solicit personal information.
We use all reasonable organizational, technical and administrative measures to secure and protect personally identifiable information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be perfectly secure. If you have any reason to believe that your interaction with us is no longer secure (for instance, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the issue by contacting us using any of the channels available on the “Contact Us” section of our website. The security of your personal information is important to us. When you enter sensitive information (such as credit card number and personal health information) on our forms, we encrypt that information once it is entered.
Be sure to return to this page periodically to review the most current version of the ToU. We reserve the right, at any time, at our sole discretion, to change or otherwise modify the ToU without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified ToU.
1. Description of Services
In the Site, Kenbright provides users with access to information primarily about Insurance and Financial products and services including but not restricted to General Insurance, Life Insurance products and related services (including but not limited to new enrollment renewals) (the "Service").
You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. By making use of this site, and furnishing your personal/contact details, you hereby agree that you are interested in availing and purchasing the Service(s) that you have selected.
You hereby agree that Kenbright may contact you either electronically or through phone, to understand your interest in the selected products and Service(s) (like renewals, reminders, etc.) and to fulfill your demand. You also agree that Kenbright reserves the right to make your details available to its affiliates and partners and you may be contacted by the affiliates and partners for information and for sales through email, telephone and/or SMS. You agree to receive promotional materials and/or special offers from Kenbright through telephone, email or SMS.
2. License and Site Access
Kenbright grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of any kind of information for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material 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; any action that imposes or may impose (in Kenbright's sole discretion) an unreasonable or disproportionately large load on Kenbright's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by Kenbright to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Kenbright.
By using the Site you agree not to:
- use this Site or its contents for any commercial purpose;
- make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site (including, without limitation, the purchase path for any service) for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization or
- use this Site or its contents for any illegal or unlawful purpose under the laws of the Republic of Kenya or any other applicable jurisdiction.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Kenbright for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their accounts to another party. If you do not qualify, you may not use the Service or the Site.
4. Your Account
You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Kenbright has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Kenbright has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Kenbright immediately of any unauthorized use of your account or any other breach of security.
Additional terms and conditions will apply to your purchase of Services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any service provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the service provider's rules and restrictions regarding use of products, and/or Services.
You agree that any violation of any such service provider's rules and restrictions may result in cancellation of your purchase(s), in your being denied access to the applicable service(s), in your forfeiting any monies paid for such Services, and/or in our debiting your account for any costs we incur as a result of such violation.
5. Submitted Content
Kenbright does not claim ownership of any materials you make available through the Site. At Kenbright's sole discretion, such materials may be included in the Service in whole or in part or in a modified form.
With respect to such materials you submit or make available for inclusion on the Site, you grant Kenbright a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that you submit in connection with such submitted content).
You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 5. We take no responsibility and assume no liability for any submitted content posted or submitted by you.
We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content.
You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any applicable laws of the Republic of Kenya or any other applicable jurisdiction; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.
You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.
6. Disclaimer of Liability and Warranty
The content, products, and services published on this Site may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the content, products, and services. We expressly reserve the right to correct any pricing errors on the site and/or on pending bookings or reservations made under an incorrect price. Kenbright makes no representation about the suitability of the information, software, products, and services contained on this site for any purpose, and the inclusion or offering of any products or services on this site does not constitute any endorsement or recommendation of such products or services. All such information, software, products, and services are provided "as is" without warranty of any kind. Kenbright disclaims all warranties and conditions that this site, its services or any email sent from Kenbright, its affiliates, and/or their respective or associated service providers are free of viruses or other harmful components. Kenbright hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and no infringement. The service providers providing services on this site are independent affiliates and Kenbright is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Kenbright and its affiliates have no liability and will make no refund in the event of any delay, cancellation, strike, force majeure, vis major or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays or acts of any government or authority. In no event shall Kenbright and/or its affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Kenbright and/or its affiliates and their respective service providers have been advised of the possibility of such damages.
7. Disclaimer of Online Availability, Impressions, And Click-Throughs
In addition to the other disclaimers and limitations discussed in this notice, there are no guarantees and no warranties regarding online availability, impressions, and click-through of www.kenbright.co.ke, its web pages, and any material, information, links, or content presented on the web pages at www.kenbright.co.ke. www.kenbright.co.ke, its web pages, and any material, information, links, or content presented on the web pages at www.kenbright.co.ke, may be unavailable for online access at any time. Advertising sponsors and advertising, if any and if permitted, must be approved by Kenbright before the posting of any advertising material, information, links, content, banners, and graphics on www.kenbright.co.ke. Kenbright reserves the right to accept or to reject any advertising sponsor or any advertising for any reason.
8. Cancellation & Refund/Chargeback Terms and Conditions
- Free Look Period, Cancellation and Refund
As per the Insurance Regulatory Authority (IRA) rules and regulations, any other applicable laws, rules and regulations and your insurance policy document, you may have the right to cancel your insurance policy within a specified period of time from the date of (online) receipt of insurance policy (hereinafter referred to as “free look period”) or otherwise, and a refund of part or all of your premium amount, if applicable, shall be processed as per the applicable process and procedures followed by the relevant insurer. A free look period cancellation facility can be availed only if and as specified in your insurance policy document and subject to any other terms and conditions specified by the IRA and the applicable law, rules and regulations. We advise and encourage all our customers to read the insurance policy document carefully and avail the free look period facility in the event that it applies and the terms and conditions of the insurance policy document don’t match their unique insurance requirements. Further, you understand that once you place a cancellation request within the free look period (if the free look period applies to you) or otherwise, the policy may get cancelled and part or all of your premium may be refunded to you subject to deduction of certain charges including but not limited to (i) charges pertaining to medical tests conducted (ii) administrative and service costs like stamp duty, etc. (iii) charges for mortality for the period the policy was in force and (iv) other applicable costs that you may be properly informed of by the insurer. Please note such deduction is at the sole discretion of the insurer. All payments with respect to refunds as stated under this paragraph (a) shall be the sole responsibility of the insurer per the rules and regulations laid down by the IRA and the applicable law, rules and regulations. You understand that Kenbright has connected with legally authorized payment gateways to allow you to make online payments towards your insurance premium amount and is, in the circumstance of a refund, only acting as a mere facilitator and providing its assistance to its customers for speedy refunds.
You, as a cardholder who may have used your card to transact through our website, may dispute a transaction carried out through our website and file a Chargeback with your issuing bank for the reversal of that transaction. Chargeback allows transactions to be reversed by you under specified circumstances such as, on account of (i) alleged forgery or unauthorized use of the card/card number/bank account or other details (ii) any charge/debit made on a card that has been listed as a hot listed card or otherwise listed on the card association (Visa, MasterCard, etc.) warning bulletins (iii) duplicate processing of the transaction; or (iv) for other reasons as per applicable rules and guidelines issued by Central Bank of Kenya (CBK), card associations, your card/payment instrument issuing bank, etc. However, we reserve the right to reject a Chargeback, including but not limited to, under the following circumstances: 1. In the event your medical tests or underwriting is in process with your chosen insurer, not exceeding a period of 3 months from the date of your insurance policy application. 2. In the event there is any delay caused on the part of the insurer in conducting medical tests or during the process of medical underwriting or issuance of insurance policy or any service provided by the insurer in connection with the insurance policy issuance, not exceeding a period of 3 months from the date of your insurance policy application. 3. In case your insurance policy application is rejected by the insurer, post your medical test. Kenbright shall not be liable to you, in any form or manner whatsoever, for any claims, disputes or proceedings which may arise in connection with Chargebacks initiated by you in the circumstances as specified under 1., 2. and 3. herein above or in any other circumstances contemplated by this ToU.
10. Customer Due Diligence Requirements
You agree and acknowledge that for undertaking any financial transaction through the Site, Kenbright may undertake Client/Customer Due Diligence (CDD) measurers and seek mandatory information required for Know Your Customer (KYC) purposes which as a customer you are obliged to give, while facilitating your request of insurance requirements with the insurance company(ies), in accordance with applicable Proceeds of Crime and Anti Money Laundering Act (POCAMLA), Act No. 6 of 2009 (as amended) provisions, rules and regulations. Kenbright may obtain sufficient information to establish, to its satisfaction or to the satisfaction of the relevant insurance company(ies), the identity of each new customer, and the purpose of the intended nature of insurance relationship between you and the insurance company(ies). You agree and understand that you shall ensure that any payment towards insurance premium is remitted only through your bank account or from a joint bank account in which you are a joint holder. In the event, payment towards insurance premium is remitted through a bank account opened in the name of a third party (i.e. not being in your name), you agree and acknowledge that Kenbright can undertake enhanced due diligence measures (including requiring any documentation), to satisfy itself with regard to CDD requirements. You further agree and acknowledge that, in line with the requirements and obligations under the POCAMLA and its rules and regulations, any other applicable laws, rules and regulations, your insurance policy document and/or general custom, all refunds shall be processed by the insurance company(ies) through us to the bank account which was initially used to remit payment of the insurance premium.
11. License Disclaimer
Nothing on this Site or any Kenbright website shall be construed as conferring any license under any of Kenbright's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.
12. Local Laws
Kenbright controls and operates this Site from its headquarters in Nairobi, Kenya and makes no representation that the materials on the website are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with all applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in Kenya and comply with the laws prevailing for the time being in force in Kenya. Disputes if any shall be subject to the exclusive jurisdiction of the Honorable Courts of competent jurisdiction at Nairobi in the Republic of Kenya.
13. Limitation of Liability
You expressly understand and agree that Kenbright and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Kenbright has been advised of the possibility of such damages), resulting from use of the Site, content or any related services. If, despite the limitation above, Kenbright or its affiliates are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of Kenbright and/or Its affiliates will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Kenbright in connection with such transaction(s) on this Site, or (b) Kenya Shillings One Thousand only (KES 1,000). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Kenbright, Its affiliates, and/or their respective service providers.
You agree to indemnify and hold Kenbright (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including reasonable attorneys’ fees, or arising out of or related to your breach of this ToU, your violation of any law or the rights of a third party, or your use of the Site.
15. Electronic Communication
When you use the Site or send emails to Kenbright, you are communicating with Kenbright electronically. You consent to receive communications from Kenbright electronically. Kenbright may communicate with you by email or by posting notices on the Site or by phone or any other usually available means of communication. You expressly agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
16. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Kenbright is under no obligation to review any messages, information or content ("postings") posted on the Site by users and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, Kenbright may from time to time monitor the postings on the Site and may decline to accept and/or remove any email or postings. You understand and agree that you shall not to use any functionality provided by the Site to post content or initiate communications that contain or constitute: (i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (ii) Advertisements or solicitations of any kind; (iii) Impersonation of others or provide any kind of false information; (iv) Personal information such as messages which state phone numbers, account numbers, addresses, or employer references.; (v) Messages by non-spokesperson employees of Kenbright purporting to speak on behalf of Kenbright or containing confidential information or expressing opinions concerning Kenbright; (vi) Messages that offer unauthorized downloads of any copyrighted or private information; (vii) Multiple messages placed within individual folders by the same user restating the same point; (viii) Chain letters of any kind; or (ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using the Site and/or Kenbright to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) Using the site and/or Kenbright to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) In person or using the Site and/or Kenbright, sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web sites or resources. Because Kenbright has no control over such sites and resources, you acknowledge and agree that Kenbright is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Kenbright shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
18. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
19. Modification and Notification of Changes
The trademarks, logos and service marks ("marks") displayed on the Site are the property of Kenbright/its parent company and other associated parties and service providers.
Users are prohibited from using any marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Kenbright or such third party which may own the marks.
All information and content including any software programs available on or through the Site ("Content") is protected by copyright.
Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
21. Survival of Terms
Notwithstanding any other provisions of this ToU, or any general legal principles to the contrary, any provision of this ToU that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this ToU.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section.
This ToU and the relationship between you and Kenbright will be governed by the laws of the Republic of Kenya without regard to its conflict of law provisions. You and Kenbright agree to submit to the personal jurisdiction of the Honorable Courts of competent jurisdiction situate at Nairobi with respect to any legal proceedings that may arise in connection with this ToU.
The failure of Kenbright to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Kenbright does not guarantee it will take action against all breaches of this ToU. Except as otherwise expressly provided in this ToU, there shall be no third-party beneficiaries to this ToU. This ToU constitutes the entire agreement between you and Kenbright and governs your use of the Site, superseding any prior agreements between you and Kenbright with respect to the Site.