TERMS OF SERVICE
TERMS OF SERVICE
Kindly read these terms and conditions carefully. The following terms and conditions govern your access and use of this mobile app. These terms and conditions also govern the content and services offered to you through the app. By accessing, using, printing, installing, or downloading any material from the app, you agree to be bound by these Terms and Conditions.
These terms and conditions of use become effective when the user accesses the app for the first time and constitute a binding agreement between HELB, as the case may be and the user.
Links to Third-party Sites
User’s Liability to HELB.
The user shall be liable to HELB for any liabilities, losses or expenses incurred by HELB as a result of any breach by the user of these terms and conditions.
Use of Materials and Information
The information and materials contained in the app’s activities and fragments page, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of HELB app and systems including but not limited to unauthorized entry into HELB app, misuse of passwords, or misuse of any information posted on the app is strictly prohibited. Your eligibility for particular services is subject to final determination by HELB.
Intellectual Property Rights
This app contains copyright and other intellectual property including logos and other graphics and multimedia works belonging to HELB.
The user is authorised to view and download, copy to a local hard drive or disk, print and make copies of such printouts, provided that:
The material is used for considering use of the online services and for no other commercial purposes.
Any reproduction of our proprietary material from HELB app or portion of it, must include HELB’s copyright notice in its entirety.
The logos and trademarks shown on HELB app are HELB’s registered and unregistered trademarks, or that of third parties.
All content included on HELB app, 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 of the HELB or its content suppliers and is protected by applicable copyright and trademark laws.
Nothing on HELB app should be construed as granting any licence or right to use any trademark without HELB’S prior written permission and/or that of third parties, as the case may be. The user may not, without HELB’S prior written consent, use HELB’S intellectual property or that of third parties for any purposes whatsoever.
The information and materials contained in HELB app, including text, graphics, links or other items are provided ‘as is’ and ‘as available’. HELB does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.
We do not warrant or represent that access to the whole or part(s) of this mobile app, 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 mobile device. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the app or any of the materials contained therein is done at the User’s own discretion and risk. If the User’s use of the app 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 the user 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.
Amendments to these conditions
HELB may at its discretion amend these conditions from time to time without notification to the user. By accessing HELB app, the Users are bound to the version of the terms and conditions published at the time of any visit to HELB app. The User agrees to view the current version each time that HELB app is visited.
The current version of these conditions will govern the respective rights and obligations of HELB and the User each time the User access HELB app.
Capacity to enter into agreements
The User hereby warrants to HELB that the User has the required legal capacity to enter and be bound by these terms and conditions.
Minors must be assisted by their legal guardians when reading these terms and conditions.
Sending of information
Information transmitted through an unsecured link over the Internet, including e-mail, is subject to potential unlawful access or monitoring.
The User accepts that HELB cannot be held liable for any loss, or damage suffered by the User as a result of unlawful activities by unscrupulous persons, as HELB cannot prevent such behaviour.
Disclaimer and limitation of liability
The use of HELB app and the online services is entirely at the User’s own risk. The User assumes full responsibility for the risk or loss resulting from the use of HELB app and the User’s reliance on information contained on it.
In no event will HELB be liable for any damages, whether direct, indirect, special, incidental, or consequential whatsoever relating to the User’s use of HELB app or the online services or the information contained on HELB app or the User’s inability to use HELB app or the online services, whether such damages arose out of contract, or delict or otherwise and regardless of whether HELB was expressly advised of the possibility of such loss or damage.
Without derogating from the generality of the above, and to the extent legally permitted, HELB will not be liable for:
- Any interruption, malfunction, downtime, off-line situation or other failure of the app or online services, HELB’S system, databases or any of its components, beyond HELB’S reasonable control;
- Any loss or damage with regard to the user’s data or other data directly or indirectly caused by malfunction of HELB’S system, third-party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on HELB’S system or third-party systems; programming defects;
- Any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third-party systems such as the public- switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities; or any event over which the HELB has no direct control.
Access to this HELB app is at the User’s own risk. If a User is dissatisfied with any of the contents of the HELB or these Terms and Conditions, a User’s sole remedy is to discontinue use of HELB app.
HELB may use the services of other third-party organisations to provide information on HELB app. HELB has no control over the third-party information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. HELB will not be directly or indirectly liable for any damages that may arise from the User’s reliance on it.
The User undertakes to defend, indemnify and hold harmless HELB app, its 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 the users authority including without limitation to governmental agencies, use, misuse, or inability to use the mobile app or any of the Materials/Contents contained therein, or the Users breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third-party against HELB in connection with the User’s use of this app. HELB shall notify the User of any such claim or suit, and the User shall be responsible for its defence. HELB may participate in the defence of such claim or defence but is not obligated to do so.
Governing Law and Jurisdiction
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 app and/or applying for the products or services provided herein by HELB, you hereby consent to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of or relating to the use of this mobile app.
The headings of the clauses in the conditions is provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of the conditions.
No failure or delay by HELB to exercise any of HELB’S rights will be construed as a waiver of any such right, whether this is done expressly or impliedly, nor will it affect the validity of any part these terms and conditions or prejudice our right to take subsequent action against the user.
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.