These terms and conditions also govern the content and services offered to you through the Site. By accessing, using, printing, installing, or downloading any material from the Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change at any time at our discretion; your use of this Site after such changes are implemented constitutes your acknowledgment and acceptance of the changes.
If you do not agree to be bound by these Terms and Conditions, you may not enter the Site, you must exit the Site immediately and you may not use or access the Site or print or download any materials from them. You may use and access the Site only in accordance with these Terms and Conditions. Please consult these Terms and Conditions regularly and read them carefully before using the Site.
You affirm that you have read this Agreement and understand, agree to be bound and consent to its Terms and Conditions. You are solely responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges); you are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site and we will not be responsible for your inability to access and/or use the Website, either optimally or at all.
In these terms and conditions, the following terms will have the following meanings: –
“User” refers to the person who accesses and uses the Site.
“We” “Us” “Our” refers to Fairtrade Africa as the context so requires.
“You” “Your” refers to the User
All products and services of Fairtrade Africa herein provided are subject to the terms and conditions of the applicable agreements governing their use. These terms and conditions are meant to regulate your access to this website and they are to be read together with the applicable terms and conditions governing any product(s) and/or service(s) provided in this website.
The contents of the Site, including but not limited to text, artwork, names, logos, trademarks, service marks, software, video, music, sound, photographs, graphics, illustrations and other material (“Material”) are protected by the applicable copyright laws. You may only access and use the Site, or any of the information or Materials provided on the Site in a lawful manner. We authorize you to view and download a single copy of the Material on the Site solely for your personal, non-commercial use.
You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any non-private, public or commercial purpose without our written consent. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
We may hold and use your information provided by you in the course of accessing the Site for a number of reasons, which may include but not limited to: –
We will take all reasonable steps to use or disclose users’ personal information only in the manner stated in the Terms and Conditions. Personal information shall refer to all private information about an identifiable individual, such as a user’s name, and contact details.
Such information may be collected through various means such as feedback forms, forums, emails, etc. Some areas of the Site may require the user to submit information in order for the user to register for certain services or benefits for example newsletter subscriptions or to participate in a particular activity.
You hereby agree that we may collect, use and store your personal information; we shall not disclose, for commercial gain or otherwise, users’ personal information other than as set out in these terms and conditions. We may disclose the information to our affiliates or to third parties contracted or employed by us to provide services for or to Fairtrade Africa, including for example, website hosting and development, delivery services, and other support services. The third parties require access to users’ personal information to perform their functions and not for any other purposes and we will take all reasonable steps to ensure the confidentiality and non-disclosure of your personal information. We may also disclose your personal information to governmental agencies, if we are required to do so by law or if we believe that such action is necessary to comply with the law or with any legal process; protect and defend the rights, property or safety of Fairtrade Africa, its affiliates or their customers; prevent or deal with fraud or the abuse, misuse or unauthorized use of the Site.
You hereby acknowledge that Internet communications are not 100% secure or error free. In particular, information may not be secure in transit from you to our Site. Where you provide any personally identifiable information, it is your responsibility to safeguard them.
The material and content accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by Fairtrade Africa as well as all trademarks, service marks, and logos displayed in the Site (collectively, “Materials”) is the proprietary information and valuable intellectual property of Fairtrade Africa or the party that provided the Materials to Fairtrade Africa. Fairtrade Africa retains all right, title, and interest in the Materials. Accordingly, the Materials may not be modified, copied, distributed, broadcast, displayed, licensed, transferred, republished, uploaded, posted, sold commercially or transmitted in any way without the prior written consent Fairtrade Africa except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of the Materials.
Modification or use of the content except as expressly provided in these Terms and Conditions violates Fairtrade Africa’s intellectual property rights and you may be in breach of statutory or common law rights which could be the subject of legal action. Neither license, right, title nor intellectual property rights are transferred or granted to you by access to the Site. All content included on the Site, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software is the property Fairtrade Africa or its content suppliers and is protected by applicable copyright and trademark laws.
Fairtrade Africa disclaims all liability which may arise from any unauthorized reproduction or use of the contents of the Site.
You expressly agree that use of the Site or any Materials contained therein is at your own and sole risk. The materials and information in the Site, including but not limited to services, products, information, data, text, graphics, links or other items, are provided by Fairtrade Africa on an “as is” and “as available” basis. References to material and information contained in the website include such material and information provided by third parties.
We do not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement of proprietary or third party rights, merchantability, usefulness, operation, completeness, timeliness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Site, the material, information and/or functions therein and we expressly disclaim liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of Fairtrade Africa, reasonable measures will be taken by us to ensure the accuracy and validity of all information relating to products of Fairtrade Africa which originate exclusively from Fairtrade Africa.
Further, We do not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials contained therein is done at your own discretion and risk. If your use of the Site or the Material results in the damage and need for servicing or replacing equipment or data, we shall not be responsible for those costs and you will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third party material.
The materials, information and functions provided in the Site shall not under any circumstances be considered or construed as an offer or solicitation to sell, give, issue or as the giving of any advice in respect of any form of investment or other securities, loans, or deposits in any jurisdiction. You shall be responsible to evaluate the quality, adequacy, timeliness and usefulness of all services, content, advice, opinions and other information obtained or accessible through the Site; further you should seek professional and/or legal advice at all times and obtain independent verification of the materials and information provided herein prior to making any investment, business or commercial decision based on any such materials or information.
We may provide links to Third Party Website. Such links do not necessarily imply any endorsement, agreement with, or support for, the information on or content of those Third Party Website. We do not control the information or content on those Third Party Website and neither we nor our Affiliates makes any warranties in respect of the content of these website nor will be responsible or liable in any manner whatsoever, for your access, or inability to access, such Third Party Website, or for any information or content, products or services made available on or through such Third Party Website, or for any loss, liability or damage which you may suffer as a result of access to a Third Party Website through a link on the Website. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party webSite and access to any such third party Site is entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
In no event shall Fairtrade Africa or its directors, employees, licensors, agents, suppliers or service providers be liable to you or any other third party for any loss or damages, which may arise from your use or any person’s use, access, misuse or inability to use the Site or any links to third party website or any of the Materials contained therein, reliance on the information contained in the Site, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, even if we have been advised of the possibility of such damages. Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Site or with these Terms and Conditions or other policies, your sole remedy is to discontinue use of the Site.
You hereby irrevocably agree to defend, indemnify, and hold harmless Fairtrade Africa, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority, use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third party against Fairtrade Africa in connection with your use of this website. We shall promptly notify you of any such claim, proceeding or suit, and you shall be responsible for its defense at your expense. Fairtrade Africa may participate in the defense of such claim or defense but is not obligated to do so.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular web page, these terms and conditions constitute the entire Agreement between you and us with respect to the use of the Site.
Fairtrade Africa reserves the right to terminate and/or suspend your access to the Site and/or your use of the Site at any time, for any reason. In particular, and without limitation, we may terminate and/or suspend your access should you violate any of these terms and conditions, or violate the rights of Fairtrade Africa, of any other user, or of any third party.
These terms and conditions and all matters arising out of or relating to these Terms and Conditions shall be governed by and are to be construed in accordance with the laws of Kenya, excluding any conflict of law provisions. By accessing this website and/or using the services provided herein by Fairtrade Africa, you hereby consent to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of or relating to the use of this website.