1.1 Your use of iHub’s services and web site (referred to collectively as the "Services" in this document and excluding any services provided to you by iHub under a separate written agreement, is subject to the terms of a legal agreement between you and iHub, whose principal place of business is on the 4th Floor, Bishop Magua Centre, P.O. Box 58275 - 00200 Nairobi, Kenya. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise agreed in writing with iHub, your agreement with iHub will always include, at a minimum, the terms and conditions set out in this document. These are referred to below as the "Universal Terms".
1.3 The Service Terms apply between you and the owner of the iHub network (the "Network Owner").
1.4 Your agreement with iHub will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and iHub in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms".
1.5 If there is any contradiction between what the Additional Terms say and what the Universal Terms say, then the Additional Terms shall take precedence in relation to that Service.
2. If You Become a Member of the iHub
2.1. You must be 18 years or older to create an Account that will entitle you to use the Service.
2.2. You must provide your full legal name, a valid email address, and any other information requested during sign-up in order to complete the registration process. You may from time to time be required to provide further contact and other information as a condition of continuing use of part(s) or all of the Service.
2.3. You must update any information provided immediately if it becomes inaccurate and must ensure that the email address in your Account information is at all times a valid address at which you can be contacted.
2.4. You must not provide any false or inaccurate information whether during the registration process or otherwise.
2.5. Accounts must not be registered by a "bot" or any other automated process or method.
2.6. You will need to create a log-in name using a valid email address and a password in order to establish an Account. You must not use a log-in name that is also being used by anyone else. Protecting your Account and preserving the security of your password is your responsibility. The Network Owner shall have no obligation or liability to you or any third party for any loss or damage resulting from your failure to maintain adequate protection for your Account, log-in name and/or password.
2.7. Only one person may use a log-in. Stated differently, a single login must not be shared by multiple users.
2.8. An Account may not be transferred or converted to a new Account. However, an Account can be upgraded in order to obtain premium features and/or functionality that the Network Owner may choose to make available to you.
2.9. Notwithstanding any of the above, you acknowledge and agree that the Service Terms will apply to anyone that you authorize, allow or otherwise permit to use your Account, user ID and/or password that you create, and, moreover, that you will be personally responsible and solely liable for the consequences, including the potential termination of your Account(s), that may result if any such person(s) violates any of the provisions of the Service Terms.
3. Accepting the Terms
3.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
3.2 You can accept the Terms by clicking to accept or agree to the Terms, where this option is made available to you by the Network Owner in the user interface for any Service;
3.3 You may not use the Service and may not accept the Terms if (a) you are not of legal age to form a binding contract with iHub, or (b) you are a person barred from receiving the Services under the laws of Kenya or other countries including the country in which you are resident or from which you use the Services.
3.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
4. Language of the Terms
4.1 Where iHub provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with iHub.
4.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
5. Provision of the Services by iHub
5.1 iHub is constantly evolving in order to provide the best possible experience for its members. You acknowledge and agree that the form and nature of the Services which iHub provides may change from time to time without prior notice to you.
5.2 You acknowledge and agree that if iHub disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
6. Use of the Services by you
6.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to iHub will always be accurate, correct and up to date.
6.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Kenya or other relevant countries).
6.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by iHub, unless you have been specifically allowed to do so in a separate agreement with iHub. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
6.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
6.5 Unless you have been specifically permitted to do so in a separate agreement with iHub, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6.6 You agree that you are solely responsible for (and that iHub has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which iHub may suffer) of any such breach.
7. Your passwords and account security
7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
7.2 Accordingly, you agree that you will be solely responsible to iHub for all activities that occur under your account.
7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify iHub immediately by sending an email to info@ihub.co.ke
8. Privacy and your personal information
8.1 For information about iHub’s data protection practices, please read privacy policy. This policy explains how iHub treats your personal information, and protects your privacy, when you use the Services.
8.2 You agree to the use of your data in accordance with iHub 's privacy policies.
9. Content in the Services
9.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to iHub (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by iHub or by the owners of that Content, in a separate agreement.
9.3 iHub reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services.
9.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
9.5 You agree that you are solely responsible for (and that iHub has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which iHub may suffer) by doing so.
10. Proprietary rights
10.1 You acknowledge and agree that iHub own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by iHub and that you shall not disclose such information without iHub prior written consent.
10.2 Unless you have agreed otherwise in writing with iHub, nothing in the Terms gives you a right to use any of iHub’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with iHub, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and iHub’s brand feature use guidelines as updated from time to time.
10.4 Other than the limited license set forth in Section 11, iHub acknowledges and agrees that it obtains no right, title or interest from you under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with iHub, you agree that you are responsible for protecting and enforcing those rights and that iHub has no obligation to do so on your behalf.
10.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
10.6 Unless you have been expressly authorized to do so in writing by iHub, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
11. Online Conduct for Network Owner and Members
11. 1 Online conduct should be guided by common sense and respect for other users (whether or not registered with the Service) and for the employees and representatives of the Network Owner, as well as respect for the laws, statutes and regulations that would apply to one’s conduct in the real (i.e., offline) world. Inappropriate behaviour or illegal activities identified on and/or in connection with the Service will not be tolerated. Please be advised that we will terminate the Account(s) of anyone who engages in inappropriate behaviour or illegal activity on and/or in connection with the Service, and we shall be free to cooperate with law enforcement officials with respect to any illegal activities or actionable conduct.
11.2 You acknowledge and agree that you will be personally responsible for your use of the Service and for all of your communications and activities on and/or in connection with the Service, including, without limitation, any and all content and materials (including, without limitation, any related data and information) that you or any third-party users using your Account(s) ("Third Party Users") contribute to the Service (whether alone or in collaboration with others).
11.3 You will violate the Service Terms if you or any Third-Party Users do any of the following:
i. Copy, reproduce, duplicate, upload, post, host, display or perform (publicly or otherwise), market, advertise, promote, distribute, transmit, or otherwise disseminate any of the following types of Content Materials (including, without limitation, any related data or information):
a) that are illegal or otherwise promote or encourage any illegal activity (including, without limitation, hacking, cracking, or the distribution of counterfeit software, or any products or services derived from any such activities; or
b) that you do not own or have permission to freely distribute; or that violates any indecency laws.
c) that violates any laws or regulations worldwide.
ii. Engage in any activity in connection with the Service that violates any laws or regulations worldwide, including without limitation laws as to indecency, child protection, extreme pornographic images, race hatred and terrorism.
iii. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any unsolicited email, SMSs, or "spam" messages
iv. Copy, reproduce, duplicate, upload, post, host, cause to be displayed or performed (publicly or otherwise), distribute, transmit, or otherwise disseminate any worms, viruses, corrupted data, or any other such code of a destructive nature (aka, malware)
v. Modify any part of the Service or any web site(s) related to the Service that has not expressly authorized you in writing to modify
vi. Hack into, adapt, or otherwise modify the Service (or any part thereof) and/or any other website so as to falsely imply that it is associated with the Service
vii. Hack into, decipher, adapt, modify or otherwise attempt to interfere with any transmissions to or from any of the servers that are used to operate the Service
viii. Copy, reproduce, duplicate, offer to sell, sell, resell or otherwise exploit any portion of the Service, or any access or use of the Service, without the prior written consent of the Network Owner, in the case of Proprietary Rights owned or controlled by it
ix. Harass, threaten, intimidate, embarrass, disparage, or do anything else to any other user (whether or not registered with the Service) or guest of the Service that is offensive, unwarranted or unwanted (as determined by the Network Owner, at its sole discretion)
x. Exploit any vulnerability, "bug", or other programming error in the Service Software or the Service, or communicate the existence of any such matter, either directly or indirectly, to any other user (whether or not registered with the Service) or guest of the Service
xi. Claim or pretend to be an employee or representative of the Network Owner or take any action that would imply that you have any such relationship with any of the foregoing, or impersonate any other person, including, without limitation, any celebrity, professional athlete, or other individual of public renown
xii. Attempt to obtain any password or other Account information, or any other private information, regarding any other user (whether or not registered with the Service) or guest of the Service
xiii. Post messages or other correspondence for any purpose other than personal communications, such as, for example, any advertising, marketing or promotional materials regarding illegal gambling activities, chain letters, pyramid schemes, or that otherwise attempt to implement any unauthorized or illegal commercial use of the Service
xiv. Disrupt the flow of conversations in chat rooms with, for example, vulgar or abusive language, excessive "shouting" in ALL CAPS, "spamming", "flooding" (i.e., posting repetitive text) or inputting large images that result in any displayed audiovisual work and/or related data or information appearing to move by too fast to be read by other participants in a chat room
xv. Post or otherwise disseminate within the Service or through any web site(s) that are part of the Service or outside of the Service any real-world personal information regarding any other user (whether or not registered) or any guest of the Service
xvi. Use any features or functionality that are part of the Service (e.g., complaint buttons or customer service request forms) to make any false report to any employees or representatives of the Network Owner
xvii. Intentionally do anything that interferes with the opportunity or ability of any other user (whether or not registered with the Service) or guest of the Service to enjoy the features and functionality of the Service in accordance with the Service Terms, and/or that materially increases the costs or expenses of implementing, operating, administering, supporting and/or maintaining the Service (or any part thereof)
12. Ending your relationship with iHub
12.1 The Terms will continue to apply until terminated by either you or iHub as set out below.
12.2 If you want to terminate your legal agreement with iHub, you may do so by
(a) notifying iHub at any time and
(b) closing your account for the Service which you use, where iHub has made this option available to you. Your notice should be sent, in writing, to the iHub address which is set out at the beginning of these Terms.
12.3 iHub may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) iHub is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) iHub is transitioning to no longer providing the Services to members in the country in which you are resident or from which you use the service; or
12.4 Nothing in this Section shall affect iHub rights regarding provision of Services under Section 5 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and iHub have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18.6 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT IHUB WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
13.3 IN PARTICULAR, iHUB DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SERVICE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iHUB OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.6 iHUB FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT iHUB SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH iHUB MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE iHUB WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
14.2 THE LIMITATIONS ON iHUB LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT iHUB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. Copyright and trade mark policies
15.1 It is iHub’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
15.2 iHub operates a trade mark complaints procedure in respect of iHub’s advertising business.
16. Advertisements and other content
16.1 The manner, mode and extent of advertising by iHub on the Services are subject to change without specific notice to you.
16.2 In consideration for iHub granting you access to and use of the Services, you agree that iHub may place such advertising on the Services.
16.3 The Services may include hyperlinks to other web sites or content or resources. iHub may have no control over any web sites or resources which are provided by companies or persons other than iHub
16.4 You acknowledge and agree that iHub is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
16.5 You acknowledge and agree that iHub is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17. Changes to the Terms
17.1 iHub may make changes to the Universal Terms or Additional Terms from time to time. When these changes are made, iHub will make a new copy of the Universal Terms available and any new Additional Terms will be made available to you from within, or through, the affected Services.
17.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Additional Terms have changed, iHub will treat your use as acceptance of the updated Universal Terms or Additional Terms.
18. General legal terms
18.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
18.2 The Terms constitute the whole legal agreement between you and iHub and govern your use of the Services (but excluding any services which iHub may provide to you under a separate written agreement), and completely replace any prior agreements between you and iHub in relation to the Services.
18.3 You agree that iHub may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
18.4 You agree that if iHub does not exercise or enforce any legal right or remedy which is contained in the Terms (or which iHub has the benefit of under any applicable law), this will not be taken to be a formal waiver of iHub rights and that those rights or remedies will still be available to iHub
18.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
18.6 The Terms, and your relationship with iHub under the Terms, shall be governed by the laws of Kenya without regard to its conflict of laws provisions. You and iHub agree to submit to the exclusive jurisdiction of the courts located within Kenya to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that iHub shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
