Website Terms and Conditions
30th June 2021
You agree not to: (a) interrupt or attempt to interrupt the operation of the Site, or its servers or networks; (b) use any automated tool to mine the site for information or to fill out forms on the Site; (c) use the Site for the delivery of unsolicited bulk email, promotional emails, junk mail, spam, chain letters, pyramid schemes and the like; (d) use the Site for any malicious, unethical, offensive, harmful or unlawful purpose; (e) attempt to gain unauthorized access to the Site, or its servers or networks.
Poa reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice at any time and without liability to you or any third party.
POA WIFI SERVICE
Poa will treat any feedback or suggestions, including any data, materials, comments or information, (collectively “Feedback”) you provide to Poa as non-confidential and non-proprietary. Any Feedback that you provide to Poa is, upon submission, the property of Poa, and Poa may use it for any purpose that Poa deems reasonable, free of any fee or royalty. Poa may publish or otherwise distribute your Feedback. In the absence of a written agreement with Poa to the contrary, you agree that you will not submit confidential or proprietary information to Poa, and in the event that you do so, you waive all claims or causes of action that you may have against Poa that may arise from any such submission.
ACCURACY OF CONTENT AND DISCLAIMER OF WARRANTY
THE SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
POA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY NATURE PERTAINING TO THE ACCURACY OR COMPLETENESS OF SITE OR MATERIALS, INCLUDING BUT NOT LIMITED TO INFORMATION ABOUT POA SERVICES, PRODUCTS, PRICES, ACCESS POINTS AND NETWORK AVAILABILITY, ALL OF WHICH MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THE SITE, AND MAY CONTAIN ERRORS OR OMISSIONS. IN NO EVENT SHALL POA BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACT, ERROR OR OMISSION MADE BY YOU IN RELIANCE UPON THE SITE OR MATERIALS OR FOR ANY LOSS RESULTING FROM YOUR USE OF THE SITE OR MATERIALS.
THIRD PARTY CONTENT
Poa may post links, summaries, extracts, or embedded content from of other website(s) on the Site (“Third Party Content”). Poa has no control over the Third Party Content. Poa is not responsible for and does not endorse or warrant any Third Party Content, materials, information, goods or services available through any linked websites. Poa does not guarantee the privacy practices (or any other policies) of any third party websites, which apply once you leave this Site and enter the third party websites or view any Third Party Content. Poa does not guarantee the accuracy of any Third Party Content. Poa reserves the right to terminate any Third Party Content without notice and for any reason. You may not upload any third party content to the Site unless you are the copyright holder of such content and grant Poa a license to publish such content on the Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL POA (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF DATA OR PROFITS, WHETHER OR NOT POA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR MATERIALS.
OWNERSHIP, COPYRIGHT AND TRADEMARKS
Communications made through the Site will not constitute legal notice to Poa or any of its officers, employees, agents, affiliates, partners or representatives.
You should send written legal notices to:
FOR THE ATTENTION OF LEGAL COUNSEL (NOTICES)
POA INTERNET KENYA LTD
P.O. BOX 42713
GPO 00100 NAIROBI
USE OUTSIDE THE REPUBLIC OF KENYA
Poa makes no representation that materials or other content on our Site are appropriate or available for use outside the Republic of Kenya. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the Republic of Kenya or the country you reside in.
You may not assign this Agreement, the use of the Site or your rights and obligations under this Agreement without the prior written consent of Poa. Any such assignment shall be void.
The following sections shall survive the termination of this Agreement: Indemnity; Limitation of Liability; Warranty and Disclaimers; Jurisdiction; Privacy; Payments and Charges, and Acceptable Use.
If any provision of the Agreement is held to be invalid, illegal or unenforceable by any court or other competent tribunal then the remaining provisions of the Agreement shall remain in full force and effect.
CHOICE OF JURISDICTION
Choice of jurisdiction is Kenya and the Laws of Kenya shall govern the construction and enforceability of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
This Agreement constitutes the entire agreement between the parties with regard to the Service provided hereunder. All prior agreements, proposals, representations and other understandings whether oral or written, are superseded in their entirety by this Agreement.
No alteration or modification of this Agreement will be valid unless made in writing and signed by Poa. In the event of a conflict between the Agreement and any terms and conditions or statements contained in any document related to the Service, the terms of this Agreement will control.