TERMS AND CONDITIONS – WWW.NINAOGOT.COM
This website is owned and managed by Norbert Nettekoven whose registered office is P.O. Box 1331 – 00208, Ngong Hills, Kenya.
By accessing this website www.ninaogot.com (‘ninaogot.com’ or ‘website’) we assume you accept these terms and conditions in full. Do not continue to use ninaogot.com if you do not accept all of the terms and conditions stated on this page.
(a) “Client”, “You” and “Your” refers to you, the person accessing and using this website and accepting the Company’s terms and conditions.
(b) “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Norbert Nettekoven.
(c) “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing laws of Kenya. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
3.0 Trademarks and Copyrights
All intellectual property rights, whether registered or unregistered, in this site, information content on this site and all the website design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property.
The entire contents of the site also are protected by copyright as a collective work under Kenyan copyright laws and international conventions. All rights are reserved.
Unless otherwise stated, ninaogot.com and/or its licensors own the intellectual property rights for all material on ninaogot.com.
You may view and/or print pages from ninaogot.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
• Republish material from ninaogot.com without our written consent;
• Sell, rent or sub-license material from ninaogot.com;
• Reproduce, duplicate or copy material from ninaogot.com;
• Redistribute content from ninaogot.com unless content is specifically made and clearly labelled for redistribution.
4.0 User Comments
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Ninaogot.com does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of ninaogot.com, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws, ninaogot.com shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Please be aware that ninaogot.com reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
With making a Comment on ninaogot.com you warrant and represent that:
1. You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
2. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
3. The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to ninaogot.com a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
5.0 Hyperlinking to our Content
1. The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors, when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
• System wide Accredited Businesses, except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
2. These organizations may link to our homepage, to publications or to other website information so long as the link:
• is not in any way misleading;
• does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
• fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources such as Chambers of Commerce, Kenya Association of Manufacturers (KAM), Consumer Federation of Kenya (COFEK) and other internationally recognized Consumers Unions;
• dot.com community sites;
• associations or other groups representing charities, including charity giving sites;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms whose primary clients are businesses; and
• educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
(a) the link would not reflect unfavourably on us or our accredited businesses
(for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
(b) the organization does not have an unsatisfactory record with us;
(c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Nina Ogot; and
(d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a valid phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator (web address) being linked to; or
• By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of ninaogot.com’s logo or other artwork will be allowed for linking absent a trademark license agreement.
5.1 Removal of links from our website
If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
Without prior approval and express written permission, you may not create frames around our webpages or use other techniques that alter in any way the visual presentation or appearance of our website.
5.3 Content Liability
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.
6.0 Reservation of Rights
We reserve the right and sole discretion at any time to request that you remove all links or any particular link to our website and that you agree to immediately remove all links to our website upon such request.
We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to and abide by these linking terms and conditions.
Whilst every care has been taken in preparing the materials and information contained in this website, such materials and information are provided on an “as is” basis, without representation or warranty of any kind, express, implied or statutory regarding non-infringement, security, accuracy, reliability, unavailability, downtime, malfunction, fitness for a purpose or freedom from computer viruses is given in connection with such materials and information. Nothing in this disclaimer will:
1. limit or exclude our or your liability for death or personal injury resulting from negligence;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
(a) are subject to the preceding paragraph; and
(b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
If any provision of these Terms is found to be invalid under any applicable law in Kenya, such provisions shall be deleted without affecting the remaining provisions herein and shall be replaced with applicable provisions.
9.0 Variation of Terms
Ninaogot.com is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review these Terms on a regular basis.
Ninaogot.com is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11.0 Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Republic of Kenya, and you submit to the non-exclusive jurisdiction of the courts located in Kenya for the resolution of any disputes.
11.1 Entire Agreement
These Terms constitute the entire agreement between ninaogot.com and You in relation to your use of this website, and supersede all prior agreements and understandings.
12.0 Force Majeure
We shall not be liable and do not accept responsibility for any failure to perform, or delay in performing, any of our obligations under the contract if and to the extent that the failure or delay is caused by circumstances beyond our reasonable control.
13.0 Limitation of liability
We shall not be liable to you for any loss or damage:
1. where there is no breach of a legal duty owed to you by us or by our employees or agents; where such loss or damage is not reasonably foreseeable to us when we accept your order;
2. to the extent that any increase in loss or damage results from breach by you of any term of the contract.
One of the goals of ninaogot.com is to bring you information that is tailored to your individual needs and, at the same time, to protect your privacy. The information set out below is a summary of the various ways in which we treat the information you provide us with whilst using our site.
The type of information ninaogot.com collects
Ninaogot.com generally collects personally identifying information with your specific knowledge and consent. We can collect data on you from a variety of different sources. These include:
• When you purchase products or services from the site and knowingly provide us with your personal details;
• When you become a subscriber to our newsletter;
• When you activate an account;
• When you speak to our personnel and provide them telephonically or by email with your personal information (e.g. name, contact details, including e-mail address, credit card details etc);
• Via explicit data capture measures, for example by entering competitions and completing surveys;
In any of the above cases the data we collect could be personal data, such as your e-mail address, name or phone number. Optional information such as your age, location or gender may also be requested.
How ninaogot.com uses information provided by you
When you buy anything via our website or give us any personal data as indicated above, we may need to collect information about you to process the transaction, fulfil your order and provide you with the services you expect then, and in the future. This information may include, but is not limited to, details such as your name, your address, your phone number and your credit card details.
Unless we have your express consent, we will only disclose personal data to third parties if this is required for the purpose of completing your transaction with us. This is subject to the proviso that we may disclose your data to certain permitted third parties, such as members of our own group, our own professional advisers who are bound by confidentiality codes, and when we are legally obliged to disclose your data. There may be occasions when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided solely for that purpose.
Ninaogot.com retains and uses your personal information to provide you with the best remote commerce experience by providing you with a personalised service and to give you details of offers which we think will be of interest to you. We may also use the information to process any transactions you undertake with us and for internal administration and analysis.
We do not sell, rent or trade your personal information to third parties for marketing purposes without your express consent.
(i) Session cookies:
These are used to maintain something called session state and only last for the duration of users using the Website. A session cookie expires when a user closes his/her browser, or if a user has not visited the server for a certain period of time i.e. if you consider your journey through the site to be a conversation with us, this cookie reminds the site where we were in that conversation (for instance if at some point in the conversation you asked us to add a hotel to your basket, next time you click on the basket it will still be there). These are required for the site to function effectively but are not used in any way to identify you personally.
(ii) Permanent cookies:
These cookies outlast user sessions and store a unique number on your hard drive in order to identify you as an individual user. No personal data is stored in these cookies. You can view these by looking in the cookies directory of your browser installation. We use these cookies to identify you between website visits. For example, if you were browsing Cape Town hotels last time you were on the site and we have a great hotel deal, we may use this cookie to recognize you and show you this deal. These permanent cookies are not required for the site to work but may enhance your browsing experience. Although you cannot block ‘session’ cookies as they are required for our site to function correctly, your internet browser can be configured to reject ‘permanent’ cookies and is dependent on the type of internet browser you use. Please refer to the relevant internet browser manufacturer’s website where you should be able to view the steps in rejecting these cookies if you wish to do so.
Your Internet Protocol (“IP”) address is usually associated with the place from where you access the internet, like your Internet Service Provider, your company or your university. We may use your IP address to help diagnose problems with our server, gather broad demographic information, and administer our Website.
Data Protection Legislation
Because ninaogot.com’s operations are based in Kenya, we operate in accordance with applicable Kenyan data protection legislation.
If you are registered on any part of ninaogot.com, you may change or update your member preferences or information with any section of the site where you have signed up, registered or created any type of account. You may also delete your account at any time.
If you have any questions or concerns about the information we hold about you, don’t hesitate to contact us.