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Terms and Conditions

Introduction

Welcome to MtejaLink.co.ke. MtejaLink.co.ke is the most innovative online marketplace for hassle free buying or selling. It is a copyright of Herefu Company Ltd. We are committed to providing an innovative and safe environment for individuals and business owners to browse, buy, sell and engage in services offered by advertisers (“Services”) and content (“Content”). Our policies are designed to create a safe and fair environment for everyone using MtejaLink.co.ke. Learning what’s allowed can help you avoid unintentionally violating the Terms and Conditions and helps everyone have a great experience.

The Terms are subject to change by Herefu Company Ltd. at any time, without notice, effective upon posting of a link to same on our website (www.Mtejalink.co.ke). Please review these terms regularly to ensure you are aware of any changes. Your continued use of Mtejalink.co.ke service after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Definition of Terms

For ease of reference, the terms below as used in this agreement have the following meaning:

  • Account means the account you create when registering as a user on the Site to enable you access some or all of the Services.
  • Personal data means information relating to you and which can identify you as an individual (whether on its own or taken with other information). It does not include aggregated or anonymized data, which is information that can no longer identify you.
  • Site means the www.Mtejalink.co.ke which is an online platform that allows users to create and publish announcements, to view announcements published by other users, to communicate with other users using the contact details provided in the announcements. Mtejalink.co.ke is not an importer, manufacturer, distributor or seller of any item, as well as not a provider of any service posted by users on the Platform. In addition, Mtejalink.co.ke is neither a marketer nor acts on the user’s behalf with respect to the marketing of any goods or services posted on the Platform. The actual sale and purchase contracts or services contracts are entered into directly between the users, and Mtejalink.co.ke is not a party to such transactions.
  • Services means such services made available, accessed, published or otherwise offered through the Site.

Contracting Parties

This is a legal agreement (“Agreement”) between you and Herefu Company Ltd (“we”, “us”, “our” or “MtejaLink.co.ke”). By registering for Mtejalink.co.ke, you become a member of the Service (a “Member”), and you agree to be bound by the Terms and Conditions of this Agreement (the “Terms”) for as long as you continue to be a Member. By accessing, and/or using, and/or registering with MtejaLink.co.ke (the “Site”) you are agreeing to the Terms and Conditions and the Privacy Policy, and you are entering into a legally binding contract with Herefu Company Ltd. Please read the Terms and Conditions carefully before accessing the Site as a registered member or non-registered member. If you do not agree to the Terms and Conditions you are not permitted to use the Service.

Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.

Age of Consent

You must be 18 years of age or older to register or use the Services available via the Site. By continuing to use such Services, you are warranting that you are at least 18 years old and you have the authority to agree to the Terms and Conditions.

Passwords and Security

Upon registration you will select a password which, together with your email address, you will use to log on to your account (the “Account”), as a registered user (a “Registered User”).

By using our Services, you agree to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site. You also agree not to do anything which would assist anyone who is not a Registered User to gain access to any secured area of the Site. You further agree not to create additional registration accounts for any purpose, including the abuse of the functionality of the Site, or other users, or to seek to pass yourself off as another User.

If you think someone has used your Account login details without authorisation, or you become aware of any other breach of security, you must change your password immediately using the change password features in the Site. You agree that you are responsible to MtejaLink.co.ke and to others for all activity that occurs on your Account. You agree to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement you expressly agree to the terms of the Privacy Policy.

Using MtejaLink.co.ke

MtejaLink.co.ke accepts no responsibility for the Content of and/or the Services offered from, the Ads on the Site. You are solely responsible for all information that you submit to MtejaLink.co.ke and any consequences that may result from your post.

When using the Site and/or when sending emails, messages or contacting advertisers in relation to the Site, you agree not to: –

  1. Violate any term of the Terms and Conditions and/or term of the Privacy Policy;
  2. Upload illegal, defamatory, abusive, obscene or indecent material;
  3. Upload false or misleading material;
  4. Upload material which you do not have the right to upload;
  5. Copy, modify, or distribute any other User’s material (and/or harvest or otherwise collect information about others, including email addresses) without their consent;
  6. Distribute, spam or intentionally send repeated or identical (or similar) messages to any other User;
  7. Publish the contact details of anyone else to any third party, or contact any User or other relevant person who has asked not to be contacted;
  8. Register more than one Account for yourself or anyone else, or violate and/or bypass measures used to prevent or restrict access to MtejaLink.co.ke;
  9. Post multiple Ads offering the same item or service in more than one classified category or forum, or in more than one geographical area (i.e. spamming, phishing or spreading malware);
  10. Upload material which is or contains spam, chain letters, or pyramid schemes or which may impose an unreasonable load on the infrastructure of MtejaLink.co.ke;
  11. Upload material that contains anything which could be used to determine or alter the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site;
  12. Attempt to gain unauthorized access to MtejaLink.co.ke’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MtejaLink.co.ke website;
  13. Attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site and/or the Content in any manner;
  14. Upload material that contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of any third party, and not to use any robot spider, scraper or other automated means to access MtejaLink.co.ke and/or collect data or other content for any purpose without MtejaLink.co.ke’s express written consent (save for internet search engines and non-commercial public archives that comply with MtejaLink.co.ke’s robots.txt file).

Exploitation / Evidence of wrongdoing

MtejaLink.co.ke believes that two consenting adults are free to act as they wish, so long as they abide by the law.

MtejaLink.co.ke does not abide sexual abuse or exploitation in any form or sense whatsoever. Please be aware that MtejaLink.co.ke answers requests from third parties, including law enforcement, where required and MtejaLink.co.ke will share information with relevant third parties if, in our view, there is evidence that may be relevant to an investigation.

Abusing MtejaLink.co.ke

MtejaLink.co.ke works hard to keep its communities safe. MtejaLink.co.ke reserves the right, at its discretion, without notice and at any time, to take any of the following action(s):

  1. Refuse or delete Content which it feels is inappropriate and/or breaches the above terms, and/or goes against either the letter or spirit of the Terms and Conditions;
  2. Issue Registered Users with written warnings and take any further action under this paragraph as deemed necessary should the written warnings not be heeded to;
  3. Temporarily or permanently restrict a User’s usage of MtejaLink.co.ke;
  4. Refuse a User’s registration;
  5. Inform the appropriate authorities and provide them with information regarding any suspected illegal activity; or
  6. Bring legal action against a Registered User or other user of the Site in relation to any breach of the Terms and Conditions or any illegal or suspected illegal activity.
  7. MtejaLink.co.ke shall determine the appropriate action to take on a case by case basis.
  8. Your Account will be terminated if, in MtejaLink.co.ke’s reasonable opinion, you are determined to be a repeat infringe, or otherwise have been the subject of more than one valid takedown request which has not been successfully rebutted.
  9. You agree that MtejaLink.co.ke may be required by law to access, monitor, store or copy material uploaded to the Site or sent by, or to, Registered Users without further notice to you. You acknowledge that MtejaLink.co.ke cooperates fully with investigations into violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  10. MtejaLink.co.ke shall not be liable to you or any third party for the termination of this Agreement or of access to MtejaLink.co.ke. You agree to not attempt to use the Services after any such termination. We reserve the right, (but we are not obliged) in our sole discretion to remove any Content that, in our judgement, does not comply with this Agreement. We are not responsible for any failure or delay in removing such Content. You hereby consent to such removal and waive any claim against us arising from such removal.

Third Parties

You acknowledge and accept that when you upload material to MtejaLink.co.ke, you may be exposed to comments or reviews or critical submissions from other Users that are unfair, inaccurate, offensive, indecent, inaccurate, misleading or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against MtejaLink.co.ke with respect to any such comments or reviews or submissions.

MtejaLink.co.ke accepts no responsibility for any circumstance that may arise as a result of anything stated or inferred in, or from, the Content of the pages within the Site, or its use. MtejaLink.co.ke shall not be responsible or liable for any loss or damage of any kind incurred in connection with any third party communications. If there is a dispute between Users, or between a User and any third party, you agree that MtejaLink.co.ke is under no obligation to provide assistance or involve itself in any way. You hereby release MtejaLink.co.ke, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or MtejaLink.co.ke (save to the extent directly caused by MtejaLink.co.ke).

Marketing

You may receive marketing communications from MtejaLink.co.ke if you have requested information from us and/or accessed our services and have not opted out of receiving that marketing communication.

You can ask MtejaLink.co.ke or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions with us.

Prices and Payment

Using MtejaLink.co.ke is free. However, you are free to upgrade and access features classified as premium. If you opt to pay for a Service, you will be given the chance to review and accept terms that will be clearly disclosed at the time of purchase. Prices and availability of Services are posted on the Site and are subject to change without notice. We may amend or update prices at any time by posting new prices on the Site.

Payments may be made by credit or debit card. Please note that we do not store any credit card or other payment card details. However, our payment service providers do (and are approved to do so by all applicable regulatory bodies). All credit/debit cardholders are subject to standard validation checks and authorisation by the card issuer to comply with international anti-money laundering regulations before releasing payment.

If your card issuer refuses to authorise payment, your order will be cancelled. MtejaLink.co.ke will not be held liable for the cancellation, and/or for any related fee incurred, and we are not obliged to inform you of the reason for the refusal. By using your credit or debit card, you confirm that the card is yours and that there are sufficient funds or credit available to cover the purchase.

Due to the nature of the Services, any payment you decide to make to Herefu Company Ltd through MtejaLink.co.ke is final and non-refundable. You understand and agree that Herefu Company Ltd. will not reimburse or refund (part) of your payment, even if your member account is (being) terminated by you or by MtejaLink.co.ke. Moreover, you understand and agree that Herefu Company Ltd. will not reimburse or refund (part) of your payment if MtejaLink.co.ke service fails to live up to your expectations or experiences a decline in Ads and/or activity.

Copyright and Other Relevant Intellectual Property Rights

You retain ownership of the rights you hold in your uploaded Content. You warrant that all Content uploaded by you, either from your own computer or another site/server, is created and owned entirely by you or you have the necessary licenses, rights and permissions to use the Content.

When you upload Content to the Site you grant to MtejaLink.co.ke a worldwide, perpetual, non-exclusive license to it, or any form of it, in any media, the extent necessary to provide the Services and for MtejaLink.co.ke’s own promotional purposes.

If you are not the creator of the whole of the Content then you must first get permission from the creator or the copyright holder before uploading the Content to the Site. If you upload Content depicting someone other than yourself, you must get permission from such individual(s) before uploading to the Site.

Do not upload any Content that is unlawful, confidential or proprietary. We assume no liability with respect to the disclosure or use of confidential or proprietary information uploaded to our Site. Certain Content may be protected by copyright (even if not marked with the © symbol).

Unless you have requested otherwise, your name may be published alongside the Content. If you do not want to grant these rights, please do not upload Content to the Site.

Before uploading Content to the Site, please take time to review it carefully. You have an ongoing obligation that the uploaded Content is accurate. Whilst MtejaLink.co.ke endeavours to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at very short notice.

All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law.

Save for Content uploaded by you, MtejaLink.co.ke owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or the Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out in the Site and the Content. The Site and the Content are not for re-distribution, transfer, assignment or sublicense.

Users’ Accounts operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on other Users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited.

You acknowledge that we have the right, at our sole discretion, to terminate your Account, limit the number of transmissions you may send or receive through the Site, or limit the amount of storage space, bandwidth, or other resources you may use.

You are solely responsible for making backup copies of any and all of your Content. Do not rely upon the Site as a primary storage space for your Content. You should preserve backup copies of any digital data, information or other materials that you have uploaded.

Limitation of Liability

To the extent permitted under applicable law in your territory, all Material(s) and Content available on the Site services are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. MtejaLink.co.ke cannot and does not vet all Registered Users and uploaded posts to ensure that the Content is appropriate, accurate and up-to-date. MtejaLink.co.ke relies on automated processes to moderate Content for the most part, but it will apply human moderators to review Content that is suspicious or reported by Users under the Reporting System.

MtejaLink.co.ke will do all that it can to ensure that any errors and omissions on the Site are corrected as soon as possible. MtejaLink.co.ke makes no warranty that: –

  1. the Site will remain uninterrupted, timely, secure, or error-free;
  2. the Service(s) provided to the User in response to the Ads will be effective, accurate or reliable,
  3. The quality of the Material(s) or Service(s) obtained by you from the Site, from us, or from any website belonging to a third party to which the Site is linked, will meet your expectations or be free from mistakes, errors or defects.
  4. Subject to the fact that nothing in the Terms and Conditions shall restrict your statutory rights (including your right to receive a reasonable standard of service), use of the Material(s) or Service(s) is at your own risk. You agree that you will be solely responsible for any damage to your person, computer system or for the loss of data that results from use of the Site.
  5. You agree to indemnify and hold MtejaLink.co.ke, its parent or subsidiary companies and their affiliates, their respective directors, officers, employees and agents from any and all liabilities, claims and expenses, including reasonable legal fees, arising from breach of the Terms and Conditions, any other policy, your use or access of MtejaLink.co.ke or any Internet site linked to or from MtejaLink.co.ke, or in connection with the transmission of any Content on MtejaLink.co.ke. You agree that questions and complaints received are your exclusive responsibility and you shall indemnify MtejaLink.co.ke.
  6. You agree to indemnify and hold MtejaLink.co.ke harmless from any claim or damages (including any legal fees in relation to same) made by a third party in respect of any matter in relation to, or arising from, your use arising from any breach of these Terms and Conditions by you or your violation of any law or the rights of any third party.
  7. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of MtejaLink.co.ke.

General

The Terms and Conditions constitute the entire agreement between Herefu Company Ltd and you. You agree that the Terms and Conditions shall be governed by and will be construed in accordance with the laws of Kenya. Any disputes arising under or in connection with the Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts in Kenya.

No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of the Terms and Conditions shall operate as a waiver of any breach of the same or any other provision of this agreement. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

If any part, term, or provision of the Terms and Conditions shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

The Terms and Conditions may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or services constitutes agreement with and acceptance of any such amendment or other changes.

Our policies are designed to create a safe and fair environment for everyone using MtejaLink.co.ke. Learning what’s allowed can help you avoid unintentionally breaking the rules and helps everyone have a great experience.

Posting an Advert on MtejaLink.co.ke

Adverts that do not comply with our Terms will be removed from the site. This list is not exhaustive and MtejaLink.co.ke reserves the right to remove any advert without warning or other notification. Any advert we suspect of being spam or fraudulent will be removed.

The following is forbidden on MtejaLink.co.ke: –

  1. Posting of multiple Ads whose content is identical or similar. You may only post a maximum of one Ad for the same item or service per local area
  2. Proposal of several goods or services in the same advert that are not related
  3. Publishing an ad that is too short (without adequate details) or ambiguous. This could result in an ad being classified as spam
  4. Posting an ad whose purpose is regulated or prohibited by law
  5. Using the details (name, phone number, mailing address, email, photos, etc.) of someone else without their permission or providing false contact details
  6. Revealing elements of a private nature or violating the privacy of any person or company (including the publication of faces or signatures)
  7. Copying information posted by another user
  8. Publishing content that infringes physical or intellectual property rights
  9. Disturbing the activity of any other user
  10. Assuming the identity of MtejaLink.co.ke and/or its employees
  11. Publishing an Ad in the wrong category or subcategory
  12. Children: Use of this site is prohibited to anyone under the age of 18
  13. Publishing Ads with the purpose of advertising sites or services similar to MtejaLink.co.ke
  14. Promoting a website (you can only include a link on your Ad if it provides more information about the product you are selling)
  15. Promoting or advertising gifts, sweepstakes or other prizes
  16. Making remarks that are false, defamatory, profane, hateful, abusive, pornographic, obscene or of any inappropriate nature
  17. Any advertisement or message containing a virus or other contaminating or destructive agent that prevents the proper operation of this site or access to this site by our users
  18. Images must be genuine. Any fake photos identified will be removed from the ad. MtejaLink.co.ke reserves the right to request identification for verification.

All Buy or Sell Categories

The following are prohibited to be advertised with specific reference to the Buy or Sell category: –

  1. Illegal and/or stolen goods, drugs or related materials
  2. Dangerous objects such as guns, pistols, paintballs, gas, explosives or any item that is intended to cause purposeful harm (this list is not exhaustive)
  3. Blood products, body fluids, organs and other body products
  4. Drugs or medical supplies
  5. Furs and skins, turtle shells, fenders, wood (this list is not exhaustive)
  6. Insignia and uniform of police or other official insignia and uniforms
  7. Counterfeit goods, replicas, unauthorized copies
  8. Tobacco and Alcohol
  9. Used Lingerie
  10. Wholesale lot of multimedia products (audio, video, telephony, computers, etc.).
  11. Any item or service that requires the advertiser to be an exclusive and/or authorised 3rd party seller of the product, e.g. designer clothes

Jobs Category

The following are prohibited to be advertised with specific reference to the Jobs category: –

  1. “Commission only” jobs, “multi-level marketing (MLM)” jobs and “work from home” jobs should clearly state the commission or monetary returns offered. Ponzi schemes which pay returns to investors from their own money, or from money paid in by subsequent investors are prohibited.
  2. Requesting / offering financing or loans between individuals.
  3. Adult jobs including hostess, adult webcam (this list is non exhaustive).
  4. Any job whose function is not clearly specified.
  5. Adverts without a business name, salary or explicit and detailed description of the proposed job.

Pets Category

The following are prohibited to be advertised with specific reference to the Pets category: –

  1. Exotic and endangered animals such as monkeys, parrots etc. (this list is non exhaustive).
  2. The transfer or offer of dogs under eight weeks of age.

Services Category

The following are prohibited to be advertised with specific reference to the Services category:

  1. Tantric massage Ads
  2. Ads of sexual nature or offering sexual services
  3. Offering services that give a sense of prostitution, human trafficking or any other type of illegal sex work
  4. We do not allow use of sexual toys to be demonstrated
  5. Ads that contain images of full nudity and sexual or suggestive positions
  6. We do not allow selfies or personal images. Photos of demonstration of service is allowed

Note – We reserve the right to require proof of qualifications for any type of service offered on the website

Validity of Ads

MtejaLink.co.ke will not purposefully keep outdated listings live on the site. We will not publish any advertisement without first verifying the validity of the email address provided by the advertiser.

Moderation of Ads

Ads may be automatically or manually moderated. Manually moderated Ads will be approved and published within 24 hours. MtejaLink.co.ke will remove any advertisement that is prohibited by law, placed in the wrong category/city or that contains vulgar/abusive content. Members of the site are encouraged to flag any Ads that do not comply to our Terms and Conditions and actively report any scams to MtejaLink.co.ke.

Respecting your Privacy

To minimize the risks of spam, all e-mails exchanged between users are done so anonymously through our server. We need to collect certain information from you in order for the advertising process to work effectively. However, you are in full control of the information that the public has access to. If you decide to opt in to receive special offers from selected third parties, your email address may be accessible to third parties as per our Privacy Policy. You can unsubscribe to our marketing emails simply clicking on the link “Unsubscribe” at the bottom of them.

Data Protection

Under law you have the right to access, modify, rectify and delete data concerning you. If you wish to remove your profile completely from MtejaLink.co.ke please contact us.

Ownership Rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Copying or reproducing the Website or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Srvice, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Although MtejaLink.co.ke does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to MtejaLink.co.ke 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 (through multiple tiers) of the foregoing.

Disclaimer of Warranties

You agree that use of the MtejaLink.co.ke Site and the Service is entirely at your own risk. The MtejaLink.co.ke Site and the Service are provided on an “as is” and/or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, MtejaLink.co.ke disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the MtejaLink.co.ke Site and the Service. To the fullest extent permitted by law, MtejaLink.co.ke disclaims any warranties for other services or goods received through or advertised on the MtejaLink.co.ke site or the sites or service, or accessed through any links on the MtejaLink.co.ke site. To the fullest extent permitted by law, MtejaLink.co.ke disclaims any warranties for viruses or other harmful components in connection with the MtejaLink.co.ke site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of Liability

Under no circumstances shall MtejaLink.co.ke be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if MtejaLink.co.ke has been advised of the possibility of such damages), resulting from any aspect of your use of the MtejaLink.co.ke site or the service, whether the damages arise from use or misuse of the MtejaLink.co.ke site or the service, from inability to use the MtejaLink.co.ke site or the service, or the interruption, suspension, modification, alteration, or termination of the MtejaLink.co.ke site or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the MtejaLink.co.ke site or the service or any links on the MtejaLink.co.ke site, as well as by reason of any information or advice received through or advertised in connection with the MtejaLink.co.ke site or the service or any links on the MtejaLink.co.ke site. These limitations shall apply to the fullest extent permitted by law.
In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold MtejaLink.co.ke, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

Privacy Policy

Please review MtejaLink.co.ke’s Privacy Policy, which forms part of these Terms and Conditions.

Termination of Membership

Either you or Herefu Company Ltd. may terminate your Mtejalink.co.ke membership at any time, for any reason, effective upon sending written notice to the other party. Herefu Company Ltd. reserves the right to immediately suspend or terminate your access to the Mtejalink.co.ke service, without notice, upon any breach of this Agreement by you which is brought to Herefu Company Ltd.’s attention.

Entirety of Agreement

The Terms constitute the entire agreement between you and Herefu Company Ltd and govern your use of the Service, superseding any prior agreements between you and Herefu Company Ltd. These Terms and/or your use of the Site shall be governed by and construed in accordance with Kenya law and the Courts in Kenya shall have exclusive jurisdiction over any dispute which may arise.
The failure by MtejaLink.co.ke to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

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