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TERMS AND CONDITIONS

1. Terms and conditions applies to all person who Shall be interested in any way to utilize and/or use the services provided and/or Offered under SambazaSoko.com which include and not limited to; advertising, email services and links to third party sites (referred to hereafter as "the Service"), available at the URL and the management reserve exclusive rights to vary the said terms from time to time without prior notification as it deems fit.

2. To choose and/or use any of the services provided under the site either by registered customer and or unregistered proprietor shall be deemed as an acceptance to abide by terms and conditions herein under.

3. Ignorance of the express and/or implied terms and conditions of use herein shall not be construed to connote a defense for Loss, damage arising from and or connected to use and or inability to use access or operate the site.

4 (i) SambazaSoko nor its licensors or suppliers shall not be held liable to his/her customers and/or any third party for any indirect, incidental, special or consequential damages, resulting from the use or the inability to use the site, the service or the contents thereof, including but not limited to, damages for loss of profits or business opportunity, even if SambazaSoko has been advised of the possibility of such damages.

(ii) SambazaSoko shall only be liable to its customers for all claims arising herein as result of interaction with the service or the content thereof and/or for any third party content uploaded onto or downloaded from the site to the degree of the amounts paid to SambazaSoko for access to and/or use of the site, the service or the content but such liability not be extended to cover any third party.

5. Subject to condition (2) hereinabove an acceptance shall constitute a legally a binding agreement between the customer and/or any third party on one part and the SambazaSoko on the other part.

6. Registration shall not be a requisite condition to use the Service or access to the Site, but a customer who wishes to register, must undergo complete the SambazaSoko registration process and submit a valid e-mail address where s/he shall be required to select a username and password during the registration process and be at least 18 years of age.

7. SambazaSoko requires its customers to be responsible for maintaining the confidentiality of their username and password, and all uses of the account, whether or not one has authorized such use and be required to notify SambazaSoko immediately of any unauthorized use of your account.

8. The management of SambazaSoko acts as operator of the site and provides all the services required to ensure smooth, efficient and conducive running of the service and reserves the right to refuse the Service or access to the Site to any user, or to delete accounts created by users who appropriate the name, likeness, email address or other personally identifiable information of another individual.

9(i) proprietors of the site are required to understand that all listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, and/ or linked from the Site are the sole responsibility of the person or organization from whom such Content originated and SambazaSoko does not control such operations and shall not be held responsible for Content made available through the Site. Any exposure to offensive, indecent, inaccurate, misleading or otherwise objectionable arising from or incidental to use of SambazaSoko, the management disclaims any liability.

(ii) Content made available through the Site may contain links to other web sites that are completely independent of SambazaSoko. SambazaSoko makes no representation or warranty as the accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will SambazaSoko be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.

(iii) A customer shall be held responsible for any Content he/she posts on the Site and to the consequences of any such Content. SambazaSoko does not claim ownership of Content that its users post, however posting any Content to the Service, shall automatically grant, imply and/or be a representation of express warranty to SambazaSoko an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses and agree that SambazaSoko, in its sole discretion, may delete any Content for any reason without reference to you.

(iv). Uploading and/or posting of any content to the site shall be at the sole risk of the customer and SambazaSoko shall not be responsible to you in any way.

(v) Finally, SambazaSoko does not provide any warranty as to customer use of third-party content or software that are obtained from the Site.

10. Customer agrees to act responsibly and to treat other users with respect and shall not use the Site or the Service to harass or abuse other users. Individuals who have demonstrably harassed other individuals may be removed from the Service or blocked from the Site. While using the site, it shall be deemed and implied that the customer agrees to refrain from either of the following conduct and/or conduct incidental thereof:-

Harassment, posting libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable information on the site.
Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
Displaying content that is harmful to minors or displays sexually explicit material of any kind.
Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation.
Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights owners.
Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the SambazaSoko service.
Collects stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without SambazaSoko's prior consent
Publishes any misleading email addresses or other manipulated identifiers to disguise its origin.
Purposefully posting information in an irrelevant category or Town, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on SambazaSoko's infrastructure
Contact anyone who has asked not to be contacted "Stalk" or otherwise harass anyone.
Delete or revise any material posted by any other user
Impersonate any person or entity or falsely state or misrepresent your affiliation with another person or entity
Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site
Attempt to gain unauthorized access to SambazaSoko computer systems or networks to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Site

11. (i)SambazaSoko retains exclusive right to ownership of title and interest in the Site and the Service shall remain the exclusive property of SambazaSoko and its licensors. "SambazaSoko, Inc." and SambazaSoko logos, icons and other marks identifying SambazaSoko services or products or trademarks of SambazaSoko shall not be used without prior written permission.

(ii) Except as otherwise expressly set forth in these Terms, it shall be an offense to copy reproduce, distribute, or create derivative works of the Service or the Site without prior express written authorization by SambazaSoko. All rights not expressly granted in these Terms are reserved to SambazaSoko.

(iii) SambazaSoko respects the intellectual property rights of others and expects users of the Site to do the same and it shall be an offense to distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use and SambazaSoko shall not take responsibility for such use.

(iV) Any customer who suspects through the Service that his/her work has been copied in a way to constitute copyright infringement, or intellectual property rights have been otherwise violated, should immediately notify us at abuse@SambazaSoko.com. This shall be dealt with as per the copyright Act Laws of Kenya and any other enabling provisions of applicable local and international law.

12. (i) A customer accessing the site aggress that SambazaSoko may establish limits concerning use of the Service and has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.

(ii) SambazaSoko reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that SambazaSoko shall not be liable to any third party for any modification, suspension or discontinuance of the Service.

(iii)SambazaSoko in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), immediately and without notice, and remove and discard any Content within the Site, for any reason, including, without limitation, if SambazaSoko believes that you have acted inconsistently with these Terms.

(iv) A registered party is deemed to agree that SambazaSoko shall not be liable to the customer or any third-party for any termination of your access to the Site thus it shall be an offense to attempt to use the Site or the Service after said termination.

13. (i) SambazaSoko has a Privacy Policy that explains to users how their information is collected and used. A copy of the current version of our Privacy Policy can be found at http://www.SambazaSoko.com/privacy.php. Your use of the Site or the Service signifies acknowledgement of and agreement to our Privacy Policy.

(ii) SambazaSoko may, in its sole discretion, preserve or disclose your Content, information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with the legal process, enforce these Terms, respond to claims that any Content violates the right of third-parties; or to protect the rights, property, or personal safety of SambazaSoko, its users or the general public.

14.Disclaimer of Warranties The contract between SambazaSoko and the customer expressly agrees as follows that use of the site, the service or the content is at customers sole risk and that he/she will be solely responsible for any damage to his/her computer system or loss of data that results from the download of files, software, services and/or any graphics or other content. The site, the service and the content are provided on an "as is" basis. SambazaSoko, its licensors and suppliers expressly disclaim all warranties of any kind, whether express, implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, neither SambazaSoko, nor its licensors or suppliers make any warranty that the site, the service or the content will meet your requirements, or that the site or the service will be uninterrupted, timely, secure, or error free; nor does SambazaSoko its licensors or suppliers make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, truthfulness or reliability of any information obtained through the service or that defects in the site will be corrected however this disclaimer shall be governed by the applicable jurisdictions.

15. Indemnity you hereby agree, at your expense, to indemnify, defend and hold SambazaSoko harmless from and against any loss, cost, damages, liability, and/or expense arising out of or relating to (a) third party claims, actions or allegations of infringement based on information, data or content you submitted in connection with the service, (b) any fraud, manipulation or other breach of these terms by you, or (c) third party claims, actions or allegations brought against SambazaSoko arising out of your use of the service or the site.

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