Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Intellectual Property Rights

Other than the content you own, under these Terms, Bwala Africa Group Limited and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following

  • publishing any Website material in any other media
  • selling, sublicensing and/or otherwise commercializing any Website material
  • publicly performing and/or showing any Website material
  • using this Website in any way that is or may be damaging to this Website
  • using this Website in any way that impacts user access to this Website
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website
  • using this Website to engage in any advertising or marketing

Certain areas of this Website are restricted from being access by you and Bwala Africa Group Limited may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Bwala Africa Group Limited a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Bwala Africa Group Limited reserves the right to remove any of Your Content from this Website at any time without notice.

Limitation of liability

In no event shall Bwala Africa Group Limited, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Bwala Africa Group Limited, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Bwala Africa Group Limited from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Bwala Africa Group Limited is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Payment

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Bwala Africa Group Limited will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, municipal tolls, airport surcharges or processing fees.

All Charges and payments will be enabled by Bwala Africa Group Limited using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Bwala Africa Group Limited may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Bwala Africa Group Limited.

As between you and Bwala Africa Group Limited, Bwala Africa Group Limited reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Bwala Africa Group Limited's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand.

Bwala Africa Group Limited may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Bwala Africa Group Limited may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

Assignment

The Bwala Africa Group Limited is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Bwala Africa Group Limited and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Republic of Kenya, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Kenya for the resolution of any disputes.

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