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By using the DataMax services or accessing
this website you agree to the following
terms and conditions.
If you (“the User”) do not agree
to any of the following terms and conditions, you are requested to
kindly exit this domain and not access, use or avail the Service.
1.
DataMaxKenya.Com & SURF @ri ("the DataMax Services") are provided by DataMax
Business Systems (“the Principle”) hereafter DataMax, in association with
Business Associates, Affiliates, Authorized Dealers & Product
Agents, (“the
System Operators”) and
is free access Market
Information Service for Kenya. Reference to the DataMax
service is on voluntary basis. If you
(“the User”) do not agree to any of the following terms and
conditions, you are requested to exit and not access or avail the
Service.
2.
The
Service is for information purposes only. DataMax and the System
Operators makes no
representations or warranties regarding the accuracy, completeness
or reliability of any information provided by our customers.
Neither DataMax nor the System Operators assume responsibility for errors or omissions
in the Service. Users should conduct their own research before
acting on any information received through the Service. DataMax shall not be responsible or liable for any losses,
costs, expenses, charges, including notional losses/lost
opportunities incurred by a User as a result of acting or non acting
on any information/material received through the Service.
3.
DataMax and the System Operators shall not be held responsible or liable for any
interruption to the Service resulting from breakdown of
communication network, non-availability of Service due to technical
defects, or other infrastructure related issues. DataMax & the
System Operators
shall not be held responsible or liable for non-access or limited
access to the Service.
4.
It is
expressly agreed by the User that exclusive jurisdiction for any
dispute with DataMax resides in the courts at Nairobi,
Kenya and the User expressly consents to the exercise of
jurisdiction in the courts of Nairobi in connection with any such
dispute. These terms shall be governed by and construed in
accordance with the laws of the Republic of Kenya.
5.
All
investments and investment related decisions are at the sole
discretion of the User.
6.
Users are
advised to understand that the Service can fail due to failure of
hardware, software, and Internet connections. While DataMax
will endeavor that the Services are accessible at most times, the
access to the Service is the responsibility of the User or his
internet service provider. Service may be delayed and/or not
available to the User on certain days, owing to technical reasons,
and DataMax and/or its employees, officers, and directors
and/or Recognia shall not be held responsible for the same.
7.
The User
may use the information as a resource only to further his own
research on all featured companies, contacts, products, commodities,
sectors, markets, services and information advertised. Nothing
disseminated through the Service should be considered as investment
advice.
8.
All
investments and investment products are subject to governmental,
regulatory and relevant Exchange rules, regulations and guidelines
and other applicable statutes.
9.
Any
contests/promotions featured as part of the Service shall be subject
to their own rules, and regulations and Users shall be bound by the
same.
10.
The User
shall bear all Internet usage charges applicable in the access of
the DataMax service.
11.
These
terms are subject to change without prior notice.
12.
By
accessing the Service, the User agrees to these terms and
amendments thereto.
13.
The
DataMax Services may be withdrawn or discontinued in whole or
partially without prior notice.
14.
By
accepting these Terms and Conditions and accessing the Service, the User consents to
receive advertising and promotional material in electronic formats
from and via the the Principle.
15.
DataMax & the System Operators do not accept any responsibility or liability for
any advertising or promotional material that may be received by the
User as part of the Service and the same lies specifically with the
advertiser.
16.
DataMax does not accept any responsibility or liability or
guarantee the performance or merchantability of any product or
services offered by any party pursuant to any advertisement or
promotional material that may be received by the User as part of the
Service and the same lies specifically with the advertiser.
17.
This
Service is specifically for Users within Kenya.
Although access may be available to Users outside Kenya, the same is
not
expressly granted, and DataMax shall have no legal liabilities
whatsoever in any laws of any jurisdiction other than the Republic
of Kenya.
18.
The
Service contains material, including text, graphics and sound, which
is protected by copyright and/or other intellectual property rights.
All copyright and other intellectual property rights in this
material are either owned by DataMax or have been licensed
to DataMax by the owner (s) of those rights so that it can
use this material as part of this service or are owned by Recognia.
Each party retains copyright on its own Information, including text,
graphics and sound and all trademarks displayed on this service are
owned by Recognia or DataMax and/or used under license by
DataMax affiliates.
19. Banner space is considered 'ordered' only upon payment of
the published tariff in full and a confirmation of such receipt in
writing to the client.
20. The Enterprise reserves every
right to reschedule the publishing of an order for banner
advertisements in the event of space unavailability, and to suggest
an alternative suitable location for the said banner or other
advertising media. A delay caused by such unavailability of space
for whatever reason, technical, Human error or otherwise will only
be compensated with equivalent time span of future or extended
publication.
21. DataMax Business Systems may adjust the
pricing, Commissions, Retainer or Profit Margins of any or all of
its products as applies to all or individual Agents, Contractors,
Business Associates or Customers without notice. In such an event
Purchase orders made to, received by DataMax Business Systems and
confirmed by the enterprise, that are fully paid for will not be
affected.
22. DataMax Business Systems may change the
Terms and Conditions of any Sales & Marketing contract, Any Agency
Agreement or other Terms, Rules and Regulations of Trade and
Business Relationship without notice and without consulting the
Agents, any Contractor or Business Associate.
23. Every service user and Business Associate of
DataMax Business Systems absolves the Enterprise from blame in the
event of malfunction of any marketing collateral such as the unique
codes on pre-paid service coupons (DataMax Cards) or slow, delayed
and below standard performance of any data submit form. Any loss
incurred by such system or Technical failure whether caused by human
error or otherwise can only be compensated by extended / rescheduled
or transferred publication.
24. Any Service Interruption, whatever the length of time can
only be compensated to Service Clients by extended 'time value' of
publication. No Monetary refund shall be refunded to advertisers or
any Customer.
25. DataMax Business Systems Reserves the right to alter,
change, upgrade, replace, rearrange, or add to the content of these
Terms and conditions without ant notice.
26. Anyone not agreeing with these Terms & Condition MUST NOT USE
this service and do so only at their own risk.
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