Welcome to our website. If you continue to browse and use this website, you indicate that you have read these terms of use and are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Kreative Kenya's relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website. These terms govern your use of the site, any content (such as text, data, information, software, graphics, or photographs) that Kreative Kenya and its subsidiaries may make available through the site (collectively, "materials") and any services that Kreative Kenya may provide through the site (collectively, "services"). The term 'Kreative Kenya' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.

The use of this website is subject to the following terms and conditions of use:

  1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

  2. This website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

  3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

  5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

  6. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

  7. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

  8. Kreative Kenya will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Kreative Kenya will not be liable for any damages or injury, including but not limited to, special or consequential damages, damages for business interruption, loss of business profits, loss of programs, or loss of information that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Kreative Kenya or an authorized Kreative Kenya representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Kreative Kenya's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.

  9. The information contained in this website is for general information purposes only. The information is provided by Kreative Kenya and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

  10. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

  11. Through this website you are able to link to other websites which are not under the control of Kreative Kenya. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. You should be aware that the privacy policies at the Linked Sites will be different from the privacy policy governing the Kreative Kenya Web Site (see below). It is your sole responsibility to read and adhere to the privacy policies of the Linked Sites. Kreative Kenya shall not be responsible for the use of any information that you may submit to the Linked Sites. Further, in no event shall Kreative Kenya be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. Kreative Kenya reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the Kreative Kenya Web Site and/or introduce different features or links to different users.

  12. Every effort is made to keep the website up and running smoothly. However, Kreative Kenya takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

  13. You specifically acknowledge that Kreative Kenya shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

  14. Material may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal non-commercial home use. Any other use requires the prior written permission of Kreative Kenya. You agree not to adapt, alter or create a derivative work from any of the material contained in this site or use it for any other purpose other than for your personal non-commercial use. You agree to use this site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within this site.

  15. The website is controlled and offered by Kreative Kenya from its facilities in Kenya. Kreative Kenya makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law and with these Terms and Conditions.

  16. Where you are invited to submit any contribution to this site (including without limitation any graphics, video, audio, remarks, suggestions, ideas, graphics, or other information communicated to Kreative Kenya through this site) you are required by such submission to grant Kreative Kenya a perpetual, royalty-fee, non-exclusive, sublicenseable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content in connection with Kreative Kenya's businesses, including without limitation for promoting and redistributing part or all of the content in any media formats and through any media channels in perpetuity.

  17. Kreative Kenya does not endorse any content submitted to the website pursuant to this competition by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Kreative Kenya expressly disclaims any and all liability in connection with content. Kreative Kenya does not permit copyright infringing activities and infringement of intellectual property rights on this website, and Kreative Kenya will remove any content if properly notified that such content infringes on another's intellectual property rights. Kreative Kenya reserves the right to remove content without prior notice.

  18. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Kreative Kenya, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms and Conditions of Use and Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your usage or content caused damage to a third party. This defence and indemnification obligation will survive these Terms and Conditions of Use and Service and your use of the website and participation in the competition.

  19. You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions of Use and Service, and to abide by and comply with these Terms and Conditions of Use and Service.

  20. These Terms and Conditions of Use and Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kreative Kenya without restriction.

  21. You agree that: (i) the website shall be deemed solely based in Nairobi, Kenya; and (ii) the website shall be deemed a passive website that does not give rise to personal jurisdiction over Kreative Kenya, either specific or general, in jurisdictions other than Kenya. These Terms and Conditions of Use and Service, and any other legal notices published by Kreative Kenya on the website, shall constitute the entire agreement between you and Kreative Kenya concerning the website and your usage of the same. If any provision of these Terms and Conditions of Use and Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use and Service, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions of Use and Service shall be deemed a further or continuing waiver of such term or any other term, and Kreative Kenya's failure to assert any right or provision under these Terms and Conditions of Use and Service shall not constitute a waiver of such right or provision. Kreative Kenya reserves the right to amend these Terms and Conditions of Use at any time and without notice, and it is your responsibility to review these Terms and Conditions of Use and Service for any changes. Your use of the website following any amendment of these Terms and Conditions of Use will signify your assent to and acceptance of its revised terms.

  22. This Agreement shall be governed by and construed in accordance with Kenyan law and the Parties submit to the exclusive jurisdiction of the courts of Kenya.