WEBSITE TERMS AND CONDITIONS OF USE
1.1. Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which govern Nairobi City Water and Sewerage Company Limited’s relationship with you in relation to this website. If you do not agree to be legally bound by these Terms and Conditions, please do not use our website.
1.2 The term ‘ Nairobi City Water and Sewerage Company Limited or NCWSC or ‘our’ or ‘us’ or ‘we’ refers to the owner of the website whose of whose address is P.O Box 30656-00100, Kampala Road, off Enterprise Road, Nairobi, Kenya. 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:
We reserve the right to change these terms and conditions of use at any time. It is your responsibility to review these terms and conditions on a regular basis to ensure that you are aware of any changes made as you will be legally bound by any amended terms if you continue to use the website after the changes.
3. PASSWORDS AND ACCOUNT SECURITY
3.1 All customers who choose to register on this site will be provided with a user account.
3.2 You are entirely responsible for maintaining the confidentiality of your password and account. Further, you are entirely responsible for any and all activities that occur under your account. If you become aware of any unauthorized use of your password or other breach of security of your account, you agree to notify us immediately. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NCWSC or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
You agree that you shall only use the content of the website for your own personal and non-commercial use. You may access, print and download extracts of any page(s) from our website for this purpose only.
5. INTELLECTUAL PROPERTY RIGHTS
This website contains material which is owned by or licensed to us and is protected by copyright, trademark and other intellectual property laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any such material obtained from this website without our prior written express consent. Except as expressly provided herein, you are not granted any rights or license to use any such material contained in this website and we reserve all rights not expressly granted hereunder.
6. LINKS TO THIRD PARTY WEBSITES
This website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under our control and we are not responsible for the contents of such Linked Websites, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. These links are provided for your convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.
7. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use this website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You agree not to hack into areas of this website that are not intentionally made available by us.
8. USE OF COMMUNICATION SERVICES
8.1 The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, comment areas, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service expressly allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate any applicable laws or regulations.
8.3 Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We discourage divulging any information that can be used to identify or locate you. You acknowledge and agree that if you make such disclosures on Communication Services, you do so fully understanding that such information could be used to identify you. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
8.4 We reserve the right to disclose any information contained in or related to a posting on a Communication Service as necessary to satisfy any applicable law, regulation, legal process, or governmental request. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
9. MATERIALS POSTED ON COMMUNICATION SERVICES
9.1 We do not claim ownership of the materials you provide to us including (feedback and suggestions) posted on any of part of our website. However, by posting any material or information you are granting us, our affiliated companies and necessary sub-licensees permission to use your material or information in connection with the operation of our and their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information or material; and to publish your name in connection with your material. No compensation will be paid to you with respect to that use of your material or information, as provided herein.
9.2 We are under no obligation to post or use any material or information you may provide and may remove any of your material or information from our website at any time at our sole discretion. By posting your material or information you warrant and represent that you own or otherwise control all of the rights necessary for you to post that material or information.
10.1 You specifically acknowledge and agree that your use of this website and services found on this website are at your own risk. Anything available via this website may include inaccuracies or typographical errors. Changes are periodically made to the information on and available via the website.
10.2 We make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained on this website, for any purpose, to the maximum extent permitted by applicable law, anything contained on this website is provided “as is” without warranty or condition of any kind.
10.3 You acknowledge and agree that no information or advice provided by us constitutes medical, legal or financial advice or advice of any other regulated industry or creates a warranty of any kind with respect to this website and you acknowledge that you should consult an appropriate professional for specific advice tailored to your situation. The legal information on this website is for information only and does not replace the need for specific advice relevant to your particular circumstances.
10.4 This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of any agreement or your use of this website or the services found on this website.
11. LIMITATION OF LIABILITY
We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this website in any way. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
12. TERMINATION/ACCESS RESTRICTION
We reserve the right, in our sole discretion, to terminate your access to this website and the related services or any portion of it at any time, without notice.
13. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya and you consent to the non-exclusive jurisdiction and venue of courts in Kenya in any and all disputes arising out of or relating to the use of this website.
14.1 You agree that no joint venture, partnership, employment, or agency relationship exists between you and NCWSC as a result of these Terms and Conditions or use of this website.
14.2 Our performance of these Terms and Conditions is subject to existing laws and legal process. Nothing contained in these Terms and Conditions can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or with regard to information provided to or gathered by us with respect to such use.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
16. ENTIRE AGREEMENT