Acceptance of terms and conditions
These Terms and Conditions (the “Terms”) govern the relationship between you and Watu News Limited (“we,” “us,” “our,” or the “Company”), a legal entity incorporated under the laws of the Republic of Kenya, with its registered office at 4th Floor, West Wing, Media House, Nairobi, regarding your use of the Company’s website and services (“Website” or “Service”). The Service includes all content available through the Website, including textual, graphic, video, audio, software, and other forms of content (the “Content”). By accessing or using the Service, you agree to be bound by these Terms, which create a legally binding relationship between you and the Company. If you disagree with these Terms, you should not access or use the Service.
We encourage you to review these Terms regularly, as they, along with our Privacy Policy, form the legal framework for your use of our Service. Any supplemental terms or documents posted on the Website from time to time are also incorporated herein by reference. We reserve the right to modify these Terms at our sole discretion, and any changes will be indicated by updating the “Last Updated” date. By continuing to use the Service after any changes, you agree to be bound by the revised Terms.
1.0 Disclaimer of Responsibility
Watu News makes no guarantees or representations that:
1.1 The Service will meet your expectations or needs;
1.2 The Service will operate continuously, securely, or be error-free;
1.3 Any results obtained from using the Service will be reliable or accurate;
1.4 The quality of the Content or any services offered through the Service will meet your standards.
You acknowledge that your use of the Service is at your own risk, and Watu News is not liable for any harm to your system, data loss, or other damages caused by your access or reliance on the Service.
2.0 Use of the Service
By accessing the Service, you represent that:
2.1 You have provided truthful, accurate, and current information;
2.2 Your use of the Service does not violate any laws or regulations;
2.3 You are at least 18 years old or possess legal parental consent.
We reserve the right to suspend or terminate your use of the Service at any time, without notice, if you breach these Terms or act in a manner that may harm the Company. The Service is subject to updates, modifications, interruptions, or suspensions at any time, without prior notice. You are responsible for securing the necessary hardware, software, and internet access to use the Service, and we are not liable for any associated fees or disruptions.
3.0 Third-Party Content and External Links
Our Service may include advertisements, links, or promotions for third-party websites, products, or services (“Third-Party Content”). We do not control, endorse, or assume any responsibility for such Third-Party Content, and any interactions, purchases, or reliance on such content are solely between you and the third party.
3.1 You acknowledge that your use of Third-Party Content is at your own risk;
3.2 You agree to hold Watu News harmless from any claims, damages, or disputes arising from your interactions with third parties.
4.0 Intellectual Property Rights
Watu News retains ownership of all intellectual property related to the Service, including but not limited to logos, trademarks, designs, software, and Content (excluding User Content, defined below). You are granted a limited, revocable, non-exclusive license to access and use the Service for personal, non-commercial purposes. Unauthorized use, reproduction, distribution, or modification of any Content is strictly prohibited.
4.1 User-generated content (“User Content”) remains your property; however, by submitting it to the Service,
4.2 You grant us a worldwide, royalty-free, perpetual license to use, display, and distribute it in connection with the Service.
5.0 User Responsibilities and Restrictions
As a user of the Service, you agree to the following:
5.1 You will not engage in any activity that could harm, disable, or interfere with the Service or its security features;
5.2 You will not attempt to gain unauthorized access to the Service or its related systems;
5.3 You will not upload or transmit harmful software, such as viruses or malware;
5.4 You will not use the Service for unlawful purposes or to violate any regulations;
5.5 You will not harvest or collect information about other users without their consent;
5.6 You will not misrepresent your identity or impersonate others when using the Service.
We reserve the right to restrict or block access to the Service for users who violate these restrictions or otherwise misuse the platform.
6.0 Limitation of Liability
To the maximum extent allowed by applicable law, Watu News and its affiliates, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, data loss, or damages resulting from your use or inability to use the Service, even if we have been advised of the possibility of such damages.
6.1 In no event shall Watu News’ total liability exceed USD 100.
6.2 These limitations are fundamental to the agreement between you and Watu News and apply even if the remedy is insufficient to fulfill its essential purpose.
7.0 Indemnification
You agree to indemnify, defend, and hold Watu News and its affiliates harmless from any claims, liabilities, damages, or expenses (including legal fees) arising out of your use of the Service, your User Content, or your breach of these Terms.
7.1 We reserve the right to assume exclusive defense and control over any matter for which you are required to indemnify us,
7.2 You agree to cooperate fully with us in such defense.
8.0 Data Protection and Privacy
Your use of the Service is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information.
8.1 By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.
9.0 Governing Law and Dispute Resolution
These Terms are governed by and construed by the laws of the Republic of Kenya.
9.1 Any disputes arising from or relating to these Terms will be resolved through binding arbitration, to be conducted in Nairobi following the Arbitration Act of Kenya.
9.2 The language of the arbitration will be English, and each party will bear its costs unless otherwise determined by the arbitrator.
10.0 Severability and Miscellaneous
10.1 If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
10.2 These Terms constitute the entire agreement between you and Watu News and supersede any prior agreements or understandings.
10.3 We may transfer or assign our rights and obligations under these Terms to any affiliate or successor without notice.
11.0 Contact Information
If you have any questions or need to send notices regarding these Terms, please contact us at:
Email:[email protected]
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and any updates or revisions that may occur.
Effective as of 23 October 2024