Cellulant
and Nation Media Group will only use consumer information
for internal purposes and will not share such information
with any other party.
Cellulant and Nation Media Group will not send any unsolicited
messages to your mobile on behalf of any third party.
Cellulant and Nation Media Group will only send offers
of products and services that are deemed to be interesting
and relevant to the consumer. All offers will provide
consumers with a chance to opt out from receiving further
offers.
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TERMS AND CONDITIONS FOR USE (Kenya)
NOTICE:
Please read these Terms and Conditions for Use. They
set out the terms and conditions upon which the Cellulant
and Nation Media Group NationMobile Service is made
available to you. By using this service you agree to
be bound by the Terms and Conditions set out herein
YOU ACCEPT THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO
READ AND ACCEPT THESE TERMS AND CONDITIONS BEFORE USING
ANY OF THE SERVICES OFFERED. If you do not wish to be
bound by this you may not access or use the Services
and should exit this website immediately. If you are
under 18 (eighteen) then your parent or guardian should
read and accept this before you access or use this site.
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1.
Service Specifications
1.1 This service is only available to Kenya mobile phone
subscribers on the following mobile phone network operators:
Celtel and Safaricom.
1.2 The service is only available for the mobile handsets
that are able to accept text messages
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2.
Pricing
2.1 Each subscription will cost Kshs 50 over normal
mobile operator charges. This will include the delivery
of six (6) news alerts
2.2 In addition, the consumer will receive one message
confirming subscription and one message reminding them
to re-subscribe when the subscription expires
2.3 The alerts are charged from the mobile handset at
the time of sending the request SMS for Celtel subscribers
2.4 The alerts are charged from the mobile handset at
the time of calling the advertised number for Safaricom
subscribers
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3.
Customer Care
3.1 Any problems with the service can be reported to
us by sending an SMS to our customer care team on 0720
996366. All queries will be dealt with within 2 business
days.
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4.
Disclaimer of Warranties
4.1 The Services are provided on an "as is"
and "as available" basis and we make no warranties
or representations, whether express or implied, in relation
to the Services, including but not limited to, implied
warranties or conditions of completeness, accuracy or
currency.
4.2 To the fullest extent permitted by law we make no
warranty that we or the Services will meet your requirements
or will be uninterrupted, timely, secure or error-free.
4.3 To the fullest extent permitted by law we give no
warranty as to results or the accuracy of any information
obtained through the Services.
4.4 To the fullest extent permitted by law we make no
warranty regarding any goods or services purchased or
obtained through the Services or any transactions entered
into or through it.
4.5 You should not act upon advice which needs individual
interpretation without first consulting a suitably qualified
practitioner.
4.6 You use the Services entirely at your own risk.
We (including all group companies, our and their respective
agents, employees and sub-contractors) shall not be
liable to you or any other party for any losses or damages
whatsoever howsoever arising in connection with the
Services (whether under this license or other contract
or in consequence of any misrepresentation, misstatement
or in tort or any omission including negligence). This
does not affect your statutory rights.
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5.
Limitation of Liability
5.1 Nothing in these Terms and Conditions shall exclude
or limit liability for death or personal injury resulting
from our negligence or that of our servants, agents
or employees or any other liability which is prohibited
from being excluded by law.
5.2 You acknowledge that we may not have control over
the information which can be accessed by you using the
Services and that we do not know or examine the use
to which you or other Users put the Services or the
nature of the information you or other Users are sending
or uploading. Subject to Clause 5.1 above, we therefore
exclude all liability of any kind for the transmission
or reception of such information of whatever nature
by or to you.
5.3 Subject to Clause 5.1 above:
(a) We exclude all liability of any kind for the information
or any other material published or otherwise made available
by you or any other User or person on any website you
establish using the Services; and
(b) We shall not be liable in contract, tort, negligence,
or otherwise, for any loss or damage whatsoever howsoever
arising from or in any way connected with your use of
the Services or accessing other websites from it, including,
without limitation, damage for loss of business, loss
of profits, business interruption, loss of business
information, loss of data, or any other pecuniary loss
(even where we have been notified by you of the possibility
of such loss or damage).
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6.
Your Obligations
6.1 You warrant that:
(a) you are the bill-payer or have the bill-payer’s
permission
6.2 You acknowledge, accept and agree that you are responsible
for procuring the necessary equipment to access and
use the Services.
6.3 The Services are intended to appeal to a wide range
of audience and as such not all of the Services are
suitable for use by children. Parents and guardians
are reminded of the importance of supervising young
children’s use of the Services. Parents or guardians
of children shall be responsible for the actions of
any such children.
6.4 You understand that we may provide extra services
or attributes to the Services that are subject to charge.
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7.
Indemnity
You agree to indemnify us and our and their officers,
directors and employees in full and immediately on demand,
against all claims, liability, damages, costs and expenses,
including legal fees, arising out of any breach of these
Terms and Conditions by you or any other person who
may be authorized by you or for whom you are responsible
or any other liabilities arising out of your use or
the use by any person who may be authorized by you or
for whom you are responsible (for example as an employer
or as the parent or guardian of a child) of Cellulant
and Nation Media Group Services.
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8.
Our Rights
8.1 We reserve the right to:
(a) charge for error messages sent by us to you as a
result of any incorrect or incomplete details sent to
us by you which prevents us from delivering the requested
Service to you and for which we have to notify you of
such non-delivery. Therefore you are advised to follow
the instructions carefully;
(b) deny access to all or any part of the Services if
the telephone calling line identification is blocked
from the telephone line which you use to access the
Services;
(c) close access to any features of the Services if
your use of that feature is deemed excessive (i.e. leaving
large volumes of email on the central servers) and against
the interests of other Users of the Services;
(d) modify or discontinue, temporarily or permanently
the Services with or without notice to you;
(e) suspend or deny access to all or any part of any
e-mail or other communication address issued to you
by us, web space or home page at any time without notice
if we believe or receive a complaint or are made aware
of a complaint related to the content or use thereof;
(f) reject your request for any personalization of a
mobile handset whether in whole or in part if such personalization
breaches or if We suspect such personalization breaches
any third party intellectual property rights.
8.2 You confirm that we shall not be liable to you or
any third party for any modification to or discontinuance
of the Services.
8.3 We may change these Terms and Conditions and the
Privacy Policy from time to time. We will endeavours
to notify you of any changes either by email or in a
notice on our website. Your continued use of any of
the Services thereafter, will constitute acceptance
of such changes. We reserve the right to terminate immediately
without further notice your access to and use of the
Services, if you do not accept any such changes.
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9.
Intellectual Property and Right to Use
9.1 You acknowledge and agree that all content, including
but not limited to text, software, music, sound, photographs,
graphics, images, video, audio clips, games etc. presented
to you through the Services or advertisers site whether
in whole or in part is protected by local and international
copyrights, trademarks, service marks, patents, or other
proprietary rights and laws and is owned or licensed
to us and is vested in us or our licensors.
9.2 The material and content contained within the Services
is for your personal use only and you agree not to (and
agree not to assist or facilitate any third party to)
modify, copy, reproduce, republish, frame, upload to
a third party, post, transmit, distribute, commercially
exploit or create derivative works of such material
and content whether in whole or in part belonging to
Cellulant or any third party proprietary rights and
intellectual property except as provided for on the
website or expressly authorized in writing by Cellulant
and Nation Media Group. All rights are reserved.
9.3 If you become aware of any such distribution or
commercial exploitation you will let Cellulant know
immediately.
9.4 We have no knowledge of any infringement of copyright
on our site, or in the products we provide. However,
if you believe we have infringed your copyright or trademark,
please contact us at www.cellulant.com so we can remove
the offending material or rectify the situation as soon
as possible.
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10.
Back-Up of Content
You shall be responsible for keeping your own copies
of all content published by you in connection with the
Services. We will not be responsible for any file recovery
or for files lost or otherwise deleted or removed by
you.
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11.
Incompatibility and Delivery
11.1 Although Cellulant offers services available for
a number of GSM mobile phones; certain mobile services
are still only available on select mobiles. This is
an issue with the handset manufacturers, hence out of
control of Cellulant and Nation Media Group. You must
obtain confirmation from your mobile service provider
and/or mobile phone Company that your mobile phone is
compatible and able to receive our products before downloading
any material and/or information from the Services. You
acknowledge that we are not responsible for any costs
or losses incurred by you, damage to your mobile phone
or loss of data resulting from any such incompatibility.
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12.
No Waiver
No waiver by us shall be construed as a waiver of any
proceeding or succeeding breach of any provision.
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13.
Severability
Each provision of these Terms and Conditions shall be
construed as separately applying and surviving even
if for any reason one or other of those provisions is
held to be inapplicable or unenforceable in any circumstances.
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14.
Relationship
Nothing in this Agreement shall constitute, or be deemed
to constitute a partnership, joint venture, representative
or agency relationship between subscribers to the service
and Cellulant or Nation Media Group
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15.
Entire Agreement
These Terms and Conditions constitute the entire agreement
between you and us and exclude any representations and
warranties previously given or made other than any negligent
or fraudulent misrepresentation.
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16.
Titles
The section titles contained in these Terms and Conditions
are for convenience only and have no legal or contractual
effect.
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17.
Applicable Law
17.1 Cellulant from its office in Kenya (the "Territory")
controls this website. By accessing this website, you
accept that any disputes about this website or its contents
are to be determined by the courts having jurisdiction
in the Territory in accordance with Kenyan law (except
any principle of conflict of laws inconsistent with
this requirement).
17.2 This website may be accessed throughout the Territory
and overseas. Cellulant and Nation Media Group make
no representation that the content of this website complies
with the laws (including intellectual property laws)
of any country outside the Territory. If you access
this website from outside of the Territory, you do so
at your own responsibility and are responsible for ensuring
compliance with all laws in the place where you are
located.
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18.
Postal Contact Details
Cellulant Ltd
PO Box 283, 00606, Sarit Centre
Nairobi
Kenya
Nation Media Group
P O Box 49010, 00100
Nairobi
Kenya
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