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User Agreement

1. INFORMATION SUPPLIED BY USERS

Registration data:

These Terms of Use govern your use of the websites, content and community services offered through http://www.thecountytimes.co.ke (“Site”) any mobile or internet connected device or otherwise (the ” Service”).

These terms of use (Terms) constitute a legally binding agreement between you and The County Times and/or its subsidiary (ies) and/or affiliate(s) (hereinafter referred to as the “Company”, “TCT”, “we” or “our”) regarding your use of the website i.e www.thecountytimes.co.ke (the Site) and any services offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise (the ” Service”). By accessing the Site or Service and/or by clicking “I agree”, you agree to be bound by these Terms. You hereby represent and warrant to the Company that you are at least eighteen (18) years of age or above and are capable of entering, performing and adhering to these Terms and that you agree to be bound by the following terms and conditions. While individuals under the age of 18 may utilize the Service of the site, they shall do so only with the involvement & guidance of their parents and / or legal guardians, under such Parent /Legal guardian’s registered account. You agree to register prior to uploading any content and / or comment and any other use or services of this Site and provide your details including but not limited to complete name, age, email address, residential address, and contact number.

Definition of “User” or “you” or “your”: means any person who access or avail this Site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site of the Company.

TCT may add to or change or update these Terms, from time to time entirely at its own discretion. You are responsible for checking these Terms periodically to remain in compliance with these terms. Your use of a site after any amendment to the Terms shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

 

Changes

TCT reserves the right to suspend / cancel, or discontinue any or all channels, products or services at any time without notice , make modifications and alterations in any or all of the content, products and services contained on the Site without prior notice. Such changes will be posted to http://www.thecountytimes.co.ke/agree.html for your reference and convenience so as to enable you to understand your responsibility as a user.

 

Charges

TCT reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.

 

Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Site are the property of The County Times, its parent, affiliates and associates and are protected under applicable Kenyan laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of TCT; or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on the Site / Service, including without limitation, the size, color, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

 

Limited Permission to Copy

TCT grants you permission to only access and make personal use of the Site and you agree not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise / translate / copy / publish / distribute or otherwise disseminate any content on TCT’s Site / Service, or any portion of it; or delete or fail to display any promotional taglines included in the Site / Service either directly or indirectly, except with the express written consent of TCT. However, you may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal / individual use.

TCT forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant or person; any renting, leasing, or otherwise transferring rights to the Site / Service; displaying the name, logo, trademark or other identifier of another person (except for thecountytimes.co.ke or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Site, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this Site.

No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission. Requests to republish TCT’s material for distribution should be addressed to The County Times at E-Mail – info@thecountytimes.co.ke.

 

Individual Registration, Access and Exchange of Information

For certain services such as email, personal web pages, and subscription based services, contests and shopping, registration by the visitor is required. To register for these services you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only. TCT shall retain your registration information after cancellation or withdrawal of your registration as required under applicable law(s).

To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: – Any other person sharing your account and Password; Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with TCT as users of the Site; or Access through a single account and Password being made available to multiple users on a network.

If TCT reasonably believe that an account and Password is being used / misused in any manner, TCT shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify TCT immediately of any unauthorized use of your account or any other breach of security. TCT will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by TCT or another party due to someone else using your account or password.

 

Personal Subscription Service

As part of the Services, Company may provide personal subscription services to its Users including but not limited to TCT+ access to behind the paywall content. When you subscribe to TCT+ as part of Services offered by Company on Site, you gain access to premium articles, comment and exclusive features specially chosen for you by The County Times digital editors. The nature of content behind the paywall is subject to change at the sole discretion of Company; the decision of Company and/or its editors in this regard shall be final and binding on Users.

 

Subscription

Subscription based Service may differ from country to country and the device from which you subscribe. Subscriptions packages and price may also vary in time. The subscription prices shall be determined by the Company, in its sole discretion.

When you purchase a subscription, you must provide us with complete and accurate payment and other information required by the Company. By submitting payment details you represent, warrant and undertake that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription-based service or your entire access to Services on Site. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions, we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. Company uses third party payment gateway services for receiving payment from Users for its subscription-based Services and you hereby agree to your details and information being shared with such third-party payment service providers.

 

Subscription Contract

For our subscription-based Service, Company shall endeavour to process your subscription promptly but Company does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. Company reserves the unfettered right to reject any offer made by its Users, at its discretion, for any or no reason.

 

Pricing

The subscription price for our subscription based Services will be made clear to you on our sign-up pages or otherwise during the sign-up process on Site and location of such details on Site may vary from time to time, by region or by country. In order to avail our subscription based Services, You hereby agree to pay the fees at the rates notified to you at the time you purchase your subscription and at such frequencies as notified from time to time.. For certain subscription based Services offered by Company, including but not limited to TCT+, Company however may choose to offer fixed term or fixed payment frequency offers from time to time to Users. The currency in which your subscription is payable will be specified during the order process, depending on the Service and your country of residence. Eligibility for any discounts is ascertained at the time your subscription and cannot be changed during the term and subsistence of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the revised price.

 

Taxes

Subscription and access to subscription based Services fall under the purview of applicable Tax laws of Kenya. Taxes are applicable for consumption of content on the website and other Services of Company for Users based in Kenya and outside the country. Unless otherwise indicated, prices stated on Site are inclusive of applicable taxes, including but not limited to Goods and Services Tax (GST) or other applicable taxes.

 

Pricing errors

User hereby agrees and acknowledges that contents on the Site may become subject to technical glitch and/or errors including but not limited to price list, subscription details etc. If we incorrectly or due to a technical glitch or error state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription based Service without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your access to our subscription based Services and will refund you any money you have paid us in full. Company always endeavours to act in good faith in determining whether a genuine pricing error has occurred or not.

 

Other costs

In addition to any subscription fees you pay for our subscription based Services, you are responsible for paying any internet connection or other telecommunications charges or any other costs or charges that you may incur by accessing the Services and/or subscription based Services . For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

 

Term, renewal and cancellation

You can choose a subscription-based Service for the term and duration offered by the Company as listed on the Site.

 

For TCT+ the below shall be applicable:

Users accessing the Site/ service through Web/Mweb/Android app will be given an option to opt for auto renewal. If you have opted for auto renewal in Web/Mweb/Android app or if you access TOI + through iOS app, then your subscription will renew automatically unless you cancel it before it renews in order to avoid billing of subscription fees for the renewal term. We will notify you through email prior to the renewal date.

For Users accessing the Site/ services through iOS app, subscription commences immediately once free trial duration for a particular plan opted by a User, if any provided at Company’s discretion, is over and on the realization of payment of the subscription fees from the Users. You hereby acknowledge and agree that the free trial will auto convert to paid post free trial duration ends. However, for Users accessing the Site/ services through Android/Web/Mweb, free trial will not automatically convert to paid and Users shall be required to make payments post the duration of free trial, if any.

Subscription to the subscription-based Services commences immediately on the realization of payment of the subscription fees from the Users and there can be no cancellation once a User’s account is active for the subscription based Services.

If you choose to pay annually and have opted for auto renewal in Web/Mweb/Android app or are accessing the Site / service through iOS app, at least 15 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used.

You do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period, and you will not receive a refund (except in the limited circumstances set out in these Terms). You may notify us of your wish to cancel your subscription for TCT+ by contacting our team at info@thecountytimes.co.ke. You must provide at least 5 business days advance notice for this to be implemented.

The Company reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you including any obligation to refund. We may also suspend or terminate your subscription if we are prevented from providing Services to you by circumstances beyond our control. The Company may, in exceptional circumstances, cease to publish the Site, the Site content or cease to provide subscription-based Services. The Company will give you at least 15 days’ notice of this, if possible. If we do so, then we will have no further obligation to you except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

If you are a registered User, but have not subscribed for our subscription based Services, then the Company reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration for TCT+ then please contact info@thecountytimes.co.ke

A user cannot subscribe to TCT+ web/m-web or app from anywhere other than Kenya. For subscribed users, access to TCT+ content on Android or iOS app are available only in Kenya. However, subscribed users can access TCT+ content outside of Kenya on the web/m-web.

 

Payment details:

The current schedule of Subscription Fees for TCT+ can be accessed at https:// thecountytimes.co.ke. We may revise the Subscription Fees from time to time and/or across geographies, Users are hereby requested to periodically review the pricing structure on the aforementioned link.

Do note that TCT+ subscription may, at Company’s discretion, also be offered as a bundled service with any other products/ services. In such cases the payment terms may differ and will be intimated to users at the time of such purchase or provided on the relevant website/ platform through which such bundled service/ product is offered or purchased. You hereby agree to comply with such terms, as updated from time to time.

Further, you hereby understand and agree that TCT shall in no event be liable or responsible for any third-party platforms/ websites/products or services, including any third party bundled products/ services (if any).

 

No unlawful or prohibited use

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any TCT’s server, or the network(s) connected to any TCT server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

 

Material Posted/transmitted at TCT’s Site

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly or privately transmitted / posted, is the sole responsibility of the person from where such content is originated (the Originator). By Posting any material which contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of limitation, the distribution, public display and reproduction of such Images.

You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify TCT or its affiliates for all claims arising out of any content that you post on the Site.

Posting/uploading of any information or material, which is harmful, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, profane, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner is prohibited and any person found to be involved in such activity on this website will solely be liable for actions under the applicable laws.

If you are a publisher of news and current affairs content, then in addition to compliance with other terms mentioned herein, you shall also furnish details of your user accounts on our services to the Ministry of Information and Broadcasting as required under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”) and you shall comply with all applicable laws including said Rules. TCT may, at its discretion, provide such publishers who have provided information under said Rules to the Ministry of Information and Broadcasting, a demonstrable and visible mark of verification as being publishers, which may be visible to all users of the service.

TCT accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of TCT and you agree to grant/assign to TCT and its affiliates, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world”.

 

Exchange of Information qua CHAT & other Community Services

You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.

TCT endeavours to provide a web platform for various community interactions for persons to interact and exchange views with each other. The content posted on such services is by general public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You understand that by using such services, you may be exposed to objectionable matter.

By using the facility of chat and other community services you agree not to upload, post, or otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You may also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the Site.

You may not send, submit, post, or otherwise transmit, material or messages that contain software virus, or any other files that are designed to interrupt, destroy, and negatively affect in any manner whatsoever, any electronic equipment in connection with the use of this Site, or other user’s ability to engage in real time exchanges.

 

Prohibited Activities

You shall not host, display, upload, modify, publish, transmit, store, update or share any information on the Site, that —

(i) belongs to another person and to which the user does not have any right;

(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

(iii) is harmful to child;

(iv) infringes any patent, trademark, copyright or other proprietary rights;

(v) violates any law for the time being in force;

(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

(vii) impersonates another person;

(viii) threatens the unity, integrity, defence, security or sovereignty of Kenya, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;

(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you. Additionally, unlawful content will be removed on being notified by a government agency or by an order of any court or as required under applicable laws.

Any Content and or comment uploaded by you, shall be subject to relevant Kenyan laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, the Company shall have the right to immediately terminate/block your access and usage of the Site and the Company shall have the right to immediately remove any non-compliant Content and or comment, uploaded by you subject to retaining such information as required under applicable laws and shall further have the right to take recourse to such remedies as would be available to the Company under the applicable laws.

TCT reserves the right to preserve records of content transmitted by it as required under applicable laws.

The Company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

 

Limitations of Liabilities

Any transactions relating to sale/purchase of goods or services not directly offered by TCT are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by TCT. TCT merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. TCT does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not TCT. TCT will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.

Under no circumstances will TCT be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another’s rights, including intellectual property rights. You specifically agree that TCT is not responsible for any content sent using and/or included in TCT’s site/service by any third party.

 

Termination of Account

TCT reserves its right to refuse service, restrict, suspend, terminate your account; Terminate this agreement; Terminate or suspend your access to the TCT’s Web Sites; Refuse, move or remove for any reason any Content / Image that you submit on or through the Services; Refuse, move, or remove any Content / Image that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account (subject to  retaining such information and associated records as required under applicable laws); Establish general practices and limits concerning use of the Services at any time and, remove or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms. Upon such termination or suspension, your right to use the TCT’s Web Sites will immediately cease.

You can also terminate your account at any time by intimating the same to the “Grievance Officer” but your information may remain stored in archive on our servers even after the deletion or the termination of your account.

TCT may retain any information and associated records that are required to be retained or preserved under applicable laws including post termination of your account and irrespective of whether such information or content has been removed or access to it has been disabled.

 

User Conduct and Obligations

You hereby agree and assure TCT that the Site/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, State or local government or any other international laws. You further concur that you will not, through Site/Service:

1. post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus trojan horses, time bombs, bots, botnets, malicious content, content theft, data manipulation, threats or any other harmful programs or elements or component;
2. delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
3. not use the Site / Service in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any TCT’s server, or the network(s), computer systems / resource connected to any TCT server, or interfere with any other party’s use and enjoyment of the Site/Service;
4. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site/Service;
5. engage in any activity that causes / may harm minors; or
6. perform any activity which is likely to cause such harm;
7. impersonate any person or entity, including, but not limited to, TCT’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8. take any action which encourages or consists of any threat of harm of any kind to any person or property;
9. carry out any “denial of service” (DoS, DDoS) or any other harmful attacks on application or internet service or;
10. make any inappropriate, illegal or otherwise prohibited communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum;
11. use the Site/Service for illegal purposes;
12. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any TCT website or the website of any TCT’s customer;
13. transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.;
14. collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
15. engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet
16. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
17. upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” duplicative messages or any other form of solicitation.
18. encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or
19. make any representation or warranty on behalf of TCT. You agree not to post, distribute, transmit or otherwise make available any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
20. infringement of any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
21. right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity;
22. any confidentiality obligation

Unless otherwise permitted, you will: (i) display the Service on your Site in the exact form received by you, and not modify or edit any of the foregoing without TCT’s prior written consent; (ii) ensure that the fundamental meaning of the Service is not changed or distorted; (iii) comply with all applicable laws and all limitations and restrictions (if any) placed by TCT on the use, display or distribution of any Service and (iv) not archive any of the Service for access by users at any future date after the Service has been removed from your Web site. You acknowledge that the service must link and redirect to the appropriate TCT’s Web page when a user clicks on the Service (e.g. a headline). You shall not display the Service in such a manner that does not allow for successful linking and redirection to, and delivery of, TCT’s Web page, nor may you frame any TCT’s Web page.

 

No Controlling Spam Policy or Unsolicited E-mails

You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages).. You may not harvest information about users of TCT for the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the TCT’s Web Sites.

 

Terms of Use for The County Times mail

The County Times Mail is designed to not let your mails bounce on account of space. However, your mails may bounce on account of other reasons like wrong or mispelt recipient name, size of e-mail, size /number of attachments, overall attachment limit, mail/attachment containing viruses/sinister code, server fault from the senders end, internet link failure etc, for which The County Times has no control and responsibility.

The size of the mail/size of attachments, etc. should be in accordance to the guidelines of The County Times e-mail:

7 Megabyte (MB) for Incoming Mail

20 MB for Outgoing Mail

Unlimited storage space is an offer valid only for a limited period of time and it can be withdrawn/extended by The County Times at any given point of time. The offer is valid only to those users meeting all the registration criterion and adhering to the usage policy defined below. (TCT reserves the right to withdraw this offer at any given point of time at its discretion)

 

Usage policy of The County Times Mail

If the user does not access/log in into his mailbox at least once in three months (90 days) period, then the user account will be terminated and the user will no longer have access to the same. The users are subject to all other terms and conditions contained herein.

 

Disclaimer of Warranties and Liability

All warranties without limitation, the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.

TCT and its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the TCT’s sites/services, with the delay or inability to use the TCT’s sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the TCT sites/services, or otherwise arising out of the use of the TCT sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site, shutting down of the whole or part of the The County Times Mail Services that might result in any loss of information, non retrieval or loss of data, or arising out of the inability to use any services.

 

Links to Other Sites

All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. The information from or through this site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any goods, service or channel, including without Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain TCT’s-logo, please understand that it is independent from TCT, over whom TCT has no control or connection, business or otherwise as these sites are external to TCT. You agree and understand that by visiting such sites you are beyond the TCT’s website. TCT, therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on “as is” without warranty of any kind. TCT gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. TCT shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

 

Material Submitted by Users

Certain elements of the Site will contain material submitted by users. TCT accepts no responsibility for the content, accuracy, conformity to applicable laws of such material. You will indemnify and hold harmless TCT against all third party claims, demands and actions brought against TCT which arises from or relates to the material submitted by you.

 

Advertising Material

Part of the Site contains advertising information or promotion material or other material submitted to TCT by third parties. Responsibility for ensuring that material submitted for inclusion on Site complies with applicable International and National law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than TCT found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. TCT will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-TCT advertisers on the Website. TCT reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to these terms and conditions.

 

Data Protection

TCT may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our privacy statement. Notwithstanding the foregoing, TCT reserves the right to disclose any information including personal details or information in response to / that it is required to be shared, disclosed or make made available to any governmental, administrative, regulatory or judicial authority under any law or regulation applicable to TCT.

Further, TCT can (and you authorize TCT to) disclose your name, street address, city, state, zip code, country, phone number, email, and company name to Intellectual Property right’s owners, as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.

 

Relationship

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and TCT and you shall have no authority to bind TCT in any manner, whatsoever.

 

Force Majeure

TCT shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.

 

Kenyan Law

The Agreement shall be governed by the Laws of Kenya. The Courts of law in Kenya shall have exclusive jurisdiction over any disputes arising under these Terms.

 

Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

 

Limited time to bring your claim

You and TCT agree that any cause of action arising out of or related to the TCT’s web sites, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.

 

Acceptance of Privacy Policy

 

By using TCT’s sites and services, you signify your acceptance of these Terms and the Privacy Policy available at the Site. If you do not agree or are not comfortable with any policy described in herein, your only remedy is to discontinue use of TCT sites. We reserve the right, to modify this Terms and the Privacy Policy at any time.

General Terms

 

Rights and obligations under these Terms which by their nature should survive will remain in full effect after termination or expiration of these Terms.

 

Any express waiver or failure to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement.

 

If any provision of these Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of these Terms will remain in full force and effect.

 

Notice of Copyright Infringement

TCT is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Site, or items advertised on the Site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact us at info@thecountytimes.co.ke or write at the following address:

We request you to please provide the following information in your complaint:-

(a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint

(b) Identification of the copyrighted work claimed to have been infringed.

(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

(d) The address, telephone number or e-mail address of the complaining party.

(e)A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

 

Copyright Notice:

Copyright ©2023 The County Times. All rights reserved.

 

This disclaimer/terms of service notification is subject to change without notice.