PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
1.1 These Terms and Conditions of Use regulate access, navigation and use of the website ‘www.thinklyip.com’ (hereinafter, ‘the Website’)
1.2 ‘User’ is defined as the person who accesses, browses or uses the services and activities, free or onerous, developed on the Website.
1.3 These Terms and Conditions of Use are not intended to regulate any contractual aspects relating to the provision of specific services by Thinkly IP since these Terms and Conditions are limited to the regulation of the use and access of the Website.
2. CONDITIONAL USE OF THIS WEBSITE
3. ACCESS AND USE OF THE WEBSITE
3.1 The Users may access the Website free of charge.
3.2 The User is responsible for the access, navigation and use of the Website, and therefore they undertake to diligently observe any additional instructions given by Thinkly IP regarding the use of the Website and its contents.
3.3 In particular, the User shall refrain from:
a) Using the contents included in the Website for purposes or effects contrary to the law, morality and generally accepted good customs or public order;
b) Reproducing or copying, distributing, allowing public access through any form of public communication, transforming or modifying the contents, unless authorized by the owner of the corresponding rights or in case it is legally permitted;
c) Using the contents and, in particular, the information obtained through the Website for advertising purposes.
d) Providing any personal data or information in connection with the use of and access to the Website that is false or has been illegally obtained.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 Thinkly IP is the owner of all the intellectual property rights over the Website, including the domain name and all the contents available in the site.
4.2 The User’s mere access to or browsing of the Website shall not imply any type of transmission, license or total or partial assignment of such rights by Thinkly IP, nor that the User is authorized to use or exploit such rights publicly.
4.3 It is strictly prohibited to delete or manipulate the copyright notice, Trademark notice and any other form of identification or data related to the exclusive ownership of the rights of Thinkly IP, in relation to the Website or the protected contents found on it.
4.4 Likewise, it is strictly forbidden to reproduce, distribute, publicly communicate, reuse, extract, send by e-mail, modify or in any way publicly use all or part of the contents found on the Website.
4.5 In the event that, when accessing or using the Website, the User sends or transmits to Thinkly IP type of content protected by an intellectual property right, the User undertakes to obtain in advance any and all authorizations, licenses or rights of use that may be necessary to guarantee Thinkly IP rightful use of such content.
4.6 All rights are otherwise reserved
5. YOUR PRIVACY
6. WAIVER OF LIABILITY
6.1 The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, and in consideration of us allowing use of this website, we and any other third parties connected to us hereby expressly exclude:
a) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
b) Any reliance placed on our website materials by any visitor to our website, or by anyone who may be informed of any of its contents.
c) Any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
7. OWNERSHIP OF MATERIAL YOU SEND
7.2 By using our website, you consent to such processing and warrant that all data provided by you is accurate and does not infringe any third party rights.
7.3 Any information you send to this website will be deemed non-confidential and non-proprietary, and we shall be entitled to use such material in whole or in part without compensation to you. This section shall not apply to Intellectual Property Rights owned by you or licensed from a third party.
7.4 You may only send materials to us if you are the original author of such material and/or you have the necessary rights to use that material and license us to use it as necessary.
8. VIRUSES, HACKING AND OTHER OFFENSES
8.1 You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful.
8.2 You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website.
8.3 You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
8.4 A breach of this clause would be a criminal offence under Kenya’s Computer Misuse and Cybercrimes Act, 2018. We will report any such breach to the relevant law enforcement authorities and your right to use our website will cease immediately
9. LINKS TO OTHER WEBSITES
9.1 On the Website, the User may find links to other Websites operated by third-parties. Thinkly IP has no power to control all the information or content provided by other websites, and therefore shall not assume any type of responsibility for the quality and reliability of the same, or for the veracity or suitability of the content offered.
9.2 The inclusion on the Website of any kind of link to any other website does not imply that there is any kind of relationship, collaboration or dependence between Thinkly IP and the party responsible for such website.
9.3 No link(s) should appear on our Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights
9.4 We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request.
10. DURATION AND MODIFICATION
10.1 Thinkly IP may modify these Terms and Conditions, in whole or in part, by publishing any modifications in the same manner as these general conditions.
10.2 Likewise, Thinkly IP may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the Website, and the User shall not be in the position to demand any compensation.
11. DECLARATION OF INVALIDITY
Any declaration of invalidity of any provision included in these Terms and Conditions shall not affect any other provision not affected by that provision.
12. APPLICABLE LAW AND RESOLUTION OF DISPUTES
12.1 These Terms and Conditions are governed by the Kenyan law, without prejudice to the application of any other rules issued by competent authorities. This clause will survive any expiry or cancellation of these Terms and conditions for any reason.
12.2 We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms and Conditions, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be settled by arbitration in accordance with the NCIA Arbitration Rules. The language to be used in the arbitral proceedings shall be English.
13. CONTACT INFORMATION