Welcome to the JKF ww.jkf.co.ke website (‘the website’) operated and controlled by The Jomo Kenyatta Foundation (hereinafter variously referred to as ‘US” “WE” “The JKF”, OR “The Foundation” as the context shall demand).
This website is operated by the JKF for the purposes of providing online access to information concerning the JKF, its products, services, and opportunities and related links.
The website is availed to all visitors and access and use of the same conditioned on each visitor’s acceptance of all the terms and conditions of use and notices set out herein (“Terms and Conditions of use”). The terms and conditions are also referred to as ACCEPTABLE USE POLICY AND AGREEMENT.
Additional terms, conditions and notices applicable to specific areas, content or transactions are posted in the specific areas of the site.
Acceptance of these terms, conditions and notices constitute your agreement to be governed by them in your accessing and use of the website.
Kindly read these terms, conditions and notices carefully. Your continued use of the site and access to the services and/or products offered hereunder is dependent on your compliance with the terms, etal. IN CASE YOU DO NOT AGREE WITH THE TERMS, CONDITIONS AND NOTICES, SIMPLY QUIT THE SITE.
The JKF reserves the right to change or modify the terms, conditions and notices without giving you any prior notice and any such changes or modification takes effect on the day of first publication on the site.
In accord with our corporate goals and for our own convenience our website has links to many other websites.
Your access to and use of the other websites through links on ours shall be governed wholly by the Terms, conditions, and policies of those other sites; Not those of the JKF site. Your use of those other sites is entirely at your own risk.
2. Use of the site
You may access and use our site and network only for lawful purposes.
Your use of our services and information including pictures and images and/or other works that you may see here or otherwise experience on the site is subject to copyright laws of Kenya and/or International Copyright/Intellectual property protection Laws. You should observe the laws.
You should use the contents of or posted on the site in accordance with the acceptable use policy and in particular for non-commercial, personal purposes and/or to learn about the JKF products and services.
Downloading of any content from the site does not confer upon you any right, title or interest in the content and must be within the confines of this policy and law.
3. Illegal / harmful use
You are responsible for any transmission you send, receive, post, access or store though our network.
Transmission distribution and storage of any material that violates any law is prohibited.
As an indicative list, the underlisted activities and materials are prohibited in connection with the use of our website:
Infringement of any Intellectual Property rights or any other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other Intellectual Property right.
Unauthorized reproduction distribution and/or posting of such material will render you liable to legal penalty.
• Offensive material
Any material whose dissemination or positing is likely to injure a third party either in his person, profession or business is regarded as offensive.
• Objectionable/Defamatory Mater
Dissemination or posting of any material that is libelous, defamatory, obscene, indent, nude or generally pornographic as well as material that is likely to raise racial, tribal or other forms of discrimination as well as harassing, threatening, or invasive of private or public rights, inflammatory or otherwise objectionable is prohibited.
• Fraudulent Conduct/Illegal Matter
Material violating any law, offering or disseminating non-existent goods, services, schemes or promotions is not allowed on the site.
• Material violating contracts/ of acceptable use of other 3rd party websites
Breaching the rules, requirement notices or policies applicable to any third part network, server, computer data base or website, that you access through the links provided on our website.
• Harmful content
These includes computer viruses, worms, time bonuses, zombies or any other computer programming that may interfere with, damage, secretly intercept or disable any system, programme, data or personal information.
• Political propaganda
Any material that promotes a political agenda is not acceptable on the site.
Any download is done at the downloading visitor’s risk.
4. Downloading files
The JKF cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection by software viruses or other harmful computer programmes.
Any download is done at the downloading visitor’s risk.
5. Electronic communications
The following communications are not allowed though our network:
• Unsolicited advertisements, solicitations or promotional messages (Commonly known as “spam”)
• Unsolicited informational announcements.
• Chain Mail.
• Empty messages or messages with not substantive content.
• Several copies of the same or substantially similar messages
• Very big or large messages or files that can disrupt a server, account, or other service.
• Spidering, harvesting or collection of email addresses, screen names or other identifiers of other persons is not permitted. Written consent of the JKF will be necessary to carry out that activity.
• Using “Spy-ware’ or other such software is not permitted.
• Use of our main servers to relay or send mail without express permission of the account holder or the site manager is prohibited.
6. Network security and integrity
Breach of our website or network security and integrity are prohibited. Any such breach may render you liable in criminal or civil proceedings.
Whereas the JKF may investigate any such breach, it is not mandatory.
Nevertheless, where criminal or unauthorized activity is suspected, the JKF may liaise and co-operate with the relevant law enforcement agencies for appropriate action. By accessing and using our website products or services you agree, to co-opera rate, in case of any such investigations.
Conduct/activities that violate our website security and integrity include the following:
That refers to unauthorized access to or use of data, systems or network. It covers attempts to scan or test the vulnerability/susceptibility of the system without prior authorization of the JKF.
Refers to unauthorized monitoring of traffic or data on the system without prior express authorization of the JKF
c) Intentional interference
d) Falsification of origin routing information
Covers interference to service to any user, host or network. Such conduct includes mail or news bombing broadcast attacks, other deliberate attempts to overload, denial –of- service attacks or other flooding techniques.
It covers situations such as using, selling or distributing in connection with the services provided at the site, any computer programmes designed to conceal the source or routing information of electronic mail services. Any such conduct that falsifies an internet domain, header information, date or time stamp, originating e-mail address or other identifier is illegal and unacceptable to The JKF.
e) By-Passing Systems Restrictions
Any measures or manipulations that amount to circumvention of any system restrictions or any attempt to gain unauthorized access to, alteration or destruction of any information relating to the JKF or a JKF customer or other user is not allowed.
Such manipulations could be manual or by electronic means.
Whereas the JKF is not under any duty to filter any information being transmitted through its website, for the sake of ensuring the security and integrity of the site and optimum utilization of the network, services & systems:
The JKF may from time to time and at any time and without notice to you or any other person take any technical measures or other action it may deem necessary to filter or block messages sent though the website or network.
Any such action will be at the sole discretion of other JKF and will not render the JKF liable to any action by the affected users.
7. Downloading software
Any software made available on the site for downloading any work is the property of the JKF and or the licensors. The use of such software is governed by the terms of the end user license agreement accompanying or included in the software.
By downloading, installing, and/or using any such it is indicative of your acceptance of the terms and conditions of the end user license agreement.
8. Disclaimers and warranties
a) The JKF makes no express or implied warranties, representation or endorsements whatsoever with respect to the site, service or content.
Consequently, you understand and accept that you are solely responsible for any damage to you computer system or loss of data resulting from any material downloaded from or otherwise provided though the JKF website/network.
b) The JKF expressly disclaims warranties of every kind, express, implied, statutory otherwise, including, but not limited to warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content and any product or service offered or to be offered through the site.
c) The JKF does not warrant uninterrupted functioning of the site or the services provided on the site.
d) The JKF does not warrant timely, secure, or error free functions and services on the site nor does the JKF warrant that defects in the site or services will be corrected expeditiously or at all.
e) The JKF does not warrant the accuracy or completeness of the content or that any errors in the content will be corrected. The site, the service and the content are provided on “as is” and “as available” basis.
f) The JKF does not guarantee that the content of material posted on or transmitted though its site will be virus free or free of other harmful matter.
9. Limitation of liability
Under no circumstances will the JKF, its affiliates, its Directors, its employees its agents, or licensors be liable to you or any other person for any damages or loss arising from the use of its website network.
By accessing and using our website or products and services provided through it you expressly agree to indemnify, defend and hold harmless the JKF, its affiliates, subsidiaries, joint ventures, business partners, agents licensors, employees and any other third part information providers to the service, from and against all claims, losses, expenses, damages and costs, whether direct, incidental consequential, exemplary and indirect, as well as reasonable legal fees, resulting from or arising out of your use, misuse, or inability to use the site, service or the content, or any breach by you of this agreement.
The indemnity also covers claim, liabilities, loses, damages and costs against the JKF, a arising from your breach of any rights of a third party, any violation of applicable law, information or content that you submit, post, transmit or avail through our website or network.
The JKF respects the privacy of visitors to our site and will handle information gathered with utmost confidentiality.
12. Governing law
The policy and agreement are governed by and must be interpreted in accordance with the laws of the Republic of Kenya.
13. Password security
If you become a www.jkf.co.ke member you are responsible for retaining the confidentiality of your member identification and password information, and for restricting access to your computer. You also agree to shoulder full responsibility for all activities occurring under your member identification and password.
a) Any failure, or delay on the part of the JKF to insist upon or enforce performance of any provision in this policy and agreement shall not be construed as a waiver of any provision or right.
b) This policy and agreement cannot be modified either by the course of conduct between the parties or trade practice.
c) The JKF reserves the right to assign its rights and duties under this policy, and agreement to any party at any time without notifying you and without any risk of legal action from past, present or potential users of the website.
d) In case any provision of this policy and agreement is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the policy and agreement so that it does not affect the validity and enforceability of any remaining provisions.
15. Copyright infringement claims
• Any person who believes that his/her work has been copies and posted on this site in a manner that constitutes copyright infringement is at liberty to notify the website administrator of alleged copyright infringement by providing the information listed below:
• A description of the copyright work that is claimed to have been infringed.
• A description of the location of the material that is claimed to have been infringed – location in terms of the page on the site.
• The address, telephone number, fax number and email address of the claimant.
• A statement by the claimant that the claim is made in good faith and that the disputed use is not by a copyright owner, its agent or in accordance with the law.
• A statement by the claimant made under penalty of perjury, that the information provided in the statement of claim is accurate and is by the copyright owner or authorized representative of the owner.
• An electronic or manual signature of the person, if any, authorized to act on behalf of the claimant.
The address of the administrator is as follows:
We invite you to make any comments and raise questions regarding our site including drawing our attention to any inaccuracies in material available on the site. Such comments and questions to be sent to customer care unit on the same address as that of the Administrator.
All rights not expressly granted herein are reserved by the JKF. Copyright © 2017 The Jomo Kenyatta Foundation.