PLEASE READ THIS CAREFULLY.
These are the terms and conditions on which you may use the www.rich.co.ke website and the online content/services available on it, including ("RICH Content"). These terms apply to your use of www.rich.co.ke and all RICH Content both irrespective of the delivery platform you use - e.g. desktop PC, laptop, mobile device, PDA or otherwise - and irrespective of how the RICH Content is delivered to you - e.g. via web browser, WAP browser, email, SMS or otherwise. By accessing www.rich.co.ke you are agreeing to the terms and conditions below. If you use www.rich.co.ke in the course of your business, you are also agreeing to these terms and conditions on behalf of that business. If you do not agree with the terms and conditions (or are not authorised to do so) you should not use www.rich.co.ke. If you have any questions please contact email@example.com.
RICH Management may change, alter or withdraw any part of www.rich.co.ke at any time (with or without notice to you) and may also change the terms and conditions. RICH will publish details of any changes to the terms and conditions in Section 10 below. You should regularly check Section 10 of these terms and conditions to see if any changes have been made - by using www.rich.co.ke after we have posted the changes, you are agreeing to be bound by them. References in these terms and conditions to "RICH" (or "we", "us" or "our") refer to the company Rich Management Limited which operates www.rich.co.ke.
1.ACCESS AND USE
rich.co.ke is an infomediary currently offering free access to all its registrants throughout the site. Permitted Use: All RICH Content belongs to RICH Management or its licensors. RICH or its licensors own all intellectual property rights (including copyright and database rights) in the RICH Content and any selection or arrangement of the RICH Content. You may for your personal, non-commercial use: retrieve and display RICH Content on any compatible device; print a single copy of individual articles on paper (but not photocopy them); store such articles in electronic form on disk or on a mobile device (but not on any server or other storage device connected to a network); and Use spidering technology to search and link to www.rich.co.ke, provided that you do not infringe the Restrictions on Use below. Restrictions on Use: You may not use www.rich.co.ke for any unlawful purpose. Except as expressly set out above, you may not copy, reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive, publicly display or in any way commercially exploit any of the RICH Content. Without limitation, you may not do any of the following without prior written permission from RICH Management (and neither may you allow a third party to do any of the same): redistribute any of the Content, (including by using it as part of any syndication, content aggregation, news aggregation, library, archive or similar service); or create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the RICH Content (by spidering or otherwise); or frame, harvest or scrape the RICH Content or otherwise access the RICH Content for similar purposes. Linking: If you would like to link to www.rich.co.ke, please read and comply with the following guidelines and all applicable laws. A site or service that links to www. rich.co.ke: may display a RICH logo (read our display guidelines here) but must not otherwise use any trademarks without RICH Management permission; may not remove, distort or otherwise alter the size or appearance of the logo; may link to the homepage of www.rich.co.ke, and on an ad hoc, non-systematic basis deeplink to other pages of www.rich.co.ke; must not in any way imply that RICH Management is endorsing it or its products or services; must not misrepresent its relationship with RICH or present false information about RICH; must not be a site or service that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations; must not be a site or service that contains content that could be construed as distasteful or offensive. RICH Management expressly reserves the right to require that any link in breach of these terms and conditions be removed and to take whatever other action it deems appropriate. PLEASE NOTE THAT IN ADDITION AND WITHOUT PREJUDICE TO OUR RIGHTS AT LAW TO RESTRICT THE TYPES OF USE REFERRED TO ABOVE, THESE RESTRICTIONS ARE ALSO CONTRACTUAL IN NATURE AND BIND ALL USERS OF WWW.RICH.CO.KE. At Work Use: If you are using www.rich.co.ke in an "at work" capacity (whether for a company, partnership, public sector body, charity etc.) and your use extends beyond personal, non-commercial use then you should contact firstname.lastname@example.org to discuss your business requirements, since it is possible that your use of RICH Content extends beyond what is permitted by these terms and conditions. In particular, all requests to republish, redistribute or syndicate RICH Content, whether full text articles (or parts thereof) or the right to use RICH Content internally within your business (for example, as part of a regular information dissemination service or on a company Intranet) or any external use that you may make (for example, within client reports or briefings) should be addressed to us, as such use falls outside the scope of use permitted by these terms and conditions.
3. DISCUSSION FORUMS
www.rich.co.ke includes discussion forums and blogs that allow interaction between users and RICH Management. While RICH Management does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums and you waive any moral rights that you may have in regard to the Messages. You must comply with any rules posted by RICH Management on a Forum. You may not: post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam"; post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security; post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content; disguise the origin of any Messages; impersonate any person or entity or misrepresent any affiliation with any person or entity; post or otherwise publish any Messages unrelated to the Forum or the Forum's topic; post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of www.rich.co.ke or any computer software or equipment; collect or store other users' personal data; restrict or inhibit any other user from using the Forums. You are solely responsible for the content of your Messages. By submitting messages to any Forum you agree to indemnify RICH Management from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this Section 3. The Forums contain Messages submitted by users over whom RICH Management has no control. RICH Management cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forums and should not rely on Messages in making (or refraining from making) any specific investment or other decisions. RICH Management (who will be clearly identified as such) will also contribute material to the Forums in order to stimulate discussions and ensure the smooth running of the Forums. The Forums may also contain messages from special guests selected by RICH Management. The opinions of those RICH Management contributors and special guests are their own and are not necessarily endorsed by RICH Management. They should not be considered by you as professional advisers. By submitting Messages to any Forums you are granting RICH Management a worldwide perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. RICH Management reserves the right to contact you by e-mail with regard to your use of the Forums. It is not possible for RICH Management to fully and effectively monitor when Messages may infringe the copyright of a third party or other third party rights. If you believe that a Message infringes any legal rights that you may have, you should notify RICH Management immediately with specific details by contacting us at email@example.com
4. WARRANTIES AND LIMITATION OF LIABILITY
The RICH Content is only for your general information and use and is not intended to address your particular requirements. In particular, the RICH Content does not constitute any form of advice, recommendation, representation, endorsement or arrangement by RICH Management and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) www.rich.co.ke are at your sole risk and responsibility. Any information that you receive via www.rich.co.ke whether or not it is classified as "real time", may have ceased to be current by the time it reaches you and share price information may be rounded up/down and therefore not entirely accurate. RICH Management is not responsible for any use of the RICH Content by you outside its scope as stated in these terms and conditions. The above disclaimers and restrictions on liability apply equally to your use of www.rich.co.ke and all RICH Management Content. OTHER INFORMATION Without limiting the above, RICH Management is not liable for matters beyond its reasonable control. RICH Management does not control telephones, third party communications networks (including your Internet Service Provider) or the Internet or the acts of third parties.
5. THIRD PARTY SITES AND SERVICES
6. CHOICE OF LAW AND JURISDICTION
These terms and conditions shall be governed by, and construed in accordance with, Kenyan law.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
8. RICH TOOLS
RICH Management operates the following "RICH TOOLS" services: rich.co.ke Information and E-Mail Services, rich.co.ke TV services and rich.co.ke Radio services. RICH Management reserves the right to vary the RICH TOOLS and does not guarantee that RICH TOOLS will remain paid for or that a free-of-charge service will remain free-of-charge. You agree to pay any subscription fees at the rates in effect when the charges are incurred. You must provide us with complete and accurate payment information. You can pay by either cheque to RICH MANAGEMENT LIMITED or if you have a MPESA account by sending us the money to our mobile-0717969441 . By submitting payment details to RICH Management you warrant that you are entitled to purchase the RICH TOOLS using those payment details. In the case of unauthorised payments RICH Management reserves the right to suspend or terminate your access to RICH TOOLS. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any RICH TOOLS. RICH Management will try to process your subscription promptly but does not guarantee that the RICH TOOLS will be available to you by any specified time. A contract with you for receipt of the RICH TOOLS will come into effect when RICH Management confirms this to you. However, RICH Management reserves the right to suspend or terminate your subscription to RICH TOOLS if you breach these terms and conditions, with or without notice and without further obligation to you. RICH Management will charge you in Kenya Shillings, British Pounds Sterling or United States Dollars, depending on the service and your country of residence. You may also have to pay any applicable local taxes.
(b) www.rich.co.ke Pricing:
The subscription price is set out on the pages which contain our subscription process. You can take out either an annual or monthly subscription which will automatically renew or any other fixed term or automatically renewing payment frequency that we may offer from time to time. RICH Management will notify you in advance of any price increases. If we give you a free trial, you will only be charged for with effect from the expiry of that free trial period. Cancelling or Changing your Subscription: When you subscribe we may give you a free trial. You may cancel your subscription at any time during any trial period by contacting firstname.lastname@example.org
9. RICH MARKETPLACE (Classifieds)
General: If you are using RICH MARKETPLACE at no time does RICH Management assume any responsibility for the authenticity or guarantee the quality of the merchandise being advertised. It remains for the potential purchasor to undertake their own due diligence prior to entering into any transaction.
10. CHANGES TO TERMS AND CONDITIONS
These terms and conditions were published on 1st August 2007 and may be altered without direct notification to yourselves.