Terms Of Website Use

Welcome to Hivisasa, a local news site (“we”, “us”, “our”). These Terms of Use apply to Hivisasa’s online and mobile website, services, and applications (the “Site” or “Sites”).

These terms and conditions of use tell you the terms of use on which our visitors (hereinafter cumulatively referred to as “you” or “your”) may make use of our site, whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site. The terms form a legally binding agreement between you and us and apply to your use of our site. It is important that you go through them carefully as they can affect your legal rights and obligations.

Accepting The Terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

You can accept the terms by simply using our site. You understand and agree that we will treat your use of the site as acceptance of the terms from that point onwards.

We recommend that you print a copy or save a copy of the terms for future reference.

Information About Us

Hivisasa is a limited liability company or sole proprietorship registered in Kenya under company number [company number]. Our main objective includes but is not limited to online delivery of local and county level news, reviews and interviews in Sub-Saharan Africa.

Changes To These Terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to Site

We are at liberty to update this site and its content, from time to time. We may change or discontinue any aspect, service or feature of the site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Any information that is not up to date is not under any obligation of the website to update. We may at any time as well revise the terms and conditions of this site. And as a result we request you to keep checking on any new updates as they are legally binding on you.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Changes To These Terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to Site

We are at liberty to update this site and its content, from time to time. We may change or discontinue any aspect, service or feature of the site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Any information that is not up to date is not under any obligation of the website to update. We may at any time as well revise the terms and conditions of this site. And as a result we request you to keep checking on any new updates as they are legally binding on you.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our Site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is currently directed to people residing in Kenya. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographical area at any time. If you choose to access our site outside Kenya, you do so at your risk.

Your Account and Password

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user password, whether chosen by you or allocated by us, at any time, if in our considerable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@hivisasa.com.

Copyright and Trademark Ownership

We are the owners or the licensees of all intellectual property rights in our site. This site and content materials on this site are protected by copyrights, patents, trade secrets or other proprietary rights. Characters, logos or other images on this site are also protected as registered or unregistered trademarks owned by us. You must not modify, publish, transmit, participate in the transfer or sale, create derivative works or use any part of our content, in whole or in part for commercial purposes without the prior written permission by us.

In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

This term makes it clear that the unauthorised use of copyrights, patents, trade secrets or other proprietary rights would constitute a violation of our intellectual property rights.

We own all rights to the logo and trademark used in connection with the site. All other logos and trademarks appearing on the site are the property of their respective owners.

No Reliance on Information

The content on our site is provided for general information only. Using this site means acknowledgement that information provided here does not amount to advice that one should rely on.

You must obtain professional or specialist advice before taking, refraining from, and any action on the basis of the content on our site.

Although we make reasonably efforts to update the information on our site, we make no representations, warranties or guarantees whether express or implied, that the content on our site is accurate or complete or up to date.

Limitation of Liability

We disclaim all liability whether based in contract, tort (including negligence), strict liability or otherwise, and do not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) or otherwise, even if foreseeable resulting from any use of, or inability to use or reliance on any content displayed on the site or any other website, app, or service or the material, information, software, facilities, services or other content on the site or any other website, app, or service regardless of the basis upon which liability is claimed and even if any member of our website has been advised of the possibility of such loss or damage.

Without limitation, you (and not any of our members) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Content Standards

We are not responsible for any materials, information and opinions, included and or expressed by you to the public areas which include but is not limited to bulletin boards, chat rooms, hosted pages, community pages or other forums on this site.

Any content uploaded to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the site] a limited licence to modify, use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in paragraph 13 below.

We have the right to publish any content submitted either as paid content or unpaid content. If it is unpaid content, you as the writer is given an opportunity to remove the story within 24 hours.

Upon publication of a story, the writer will be notified on their profile page and they need to react within 24 hour if they are not satisfied with the modification or edits on the story.

Once a story has been published and the writer has not been notified within 24 hours, then the writer can send an email to support@hivisasa.com or call +254 724 999236.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site or have your account terminated, if in our opinion; your post does not comply with the content standards set out below.

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content.

Whenever you make use of a feature that allows you to submit content to our site, or to make contact with other users of our site, you must comply with the following content standards:

You agree not to submit any content that:
  • contains any material which is defamatory of any person.
  • contains any material which abuses, harasses, stalks, threatens, infringes or otherwise violates the rights of other users or any third parties.
  • you know to be false, misleading or inaccurate.
  • contains malice or intention to injure any party;
  • is in violation of the laws of Kenya and specifically contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity.
  • contains pornography or sexually explicit content, paedophilia, incest, bestiality, or that is otherwise obscene or lewd.
  • violates any law or advocates or provides instructions on dangerous, illegal or predatory acts, or discusses illegal activities with the intent to commit them.
  • promotes violence.
  • poses a reasonable threat to personal or public safety.
  • contains violent images of killing or physical abuse that appear to have been captured solely or principally for exploitive, prurient or gratuitous purposes.
  • is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any content is not protected by copyright, trademark, trade secret, right to publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or any other harm resulting from such a submission. Any person determined by us, in our sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.
  • ontains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

You agree to be available on your registered mobile phone number that you registered with for verification of the story.

You agree that your story has been submitted as per our publishing policy and editorial stance.

You agree that the story submitted is true to the best of your knowledge and that you had tried and/or reached the parties involved to verify the content.

You agree not to engage in activity that would constitute a criminal offence or give rise to a civil liability.

You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by the Site.

You agree not to impersonate any person or entity, including, but not limited to, us or any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity.

You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about the Site users or posting private information about a third party.

You agree not to upload post or otherwise transmit any content, software or other materials which contain a virus or other harmful or disruptive component.

You agree not to interfere with or disrupt the site or the servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the site, use the site, or access to the site.

You agree not to use any technology, service or automated system to post more content than an individual could submit in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.

You agree not to submit contents containing marketing or promotional material which is intended to solicit business.

You shall not copy, reproduce, distribute, transmit, display, sell, license or otherwise exploit any content for any other purposes without our prior written consent.

You agree that you will comply with all of the other provisions of the terms at all times during your use of the service.

Rights you Licence

When you submit content to our site, you grant us, a worldwide, non-exclusive, royalty-free, transferrable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of that content in connection with the provision of the service and otherwise in connection with our business.

To each of the user of the site, a worldwide, non-exclusive, royalty-free licence to access your content through the site and to use, reproduce, distribute, prepare derivative works of and display and such content to the extent permitted by the functionality of the site and under these terms.

The above licences granted by you terminate when you remove or delete your content from the website.

Viruses

We do not guarantee that our site will be secure or free from viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the serve on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by closing your identity to them. In the event of such breach, your right to use our site will cease immediately.

Third party links and resources in our Site

External links may be provided for your convenience. They may link you to a site or any other application or service. These sites may contain material that some people find offensive or inappropriate but they are provided for your information alone.

We have no control over, and assume no responsibility for, the content, privacy policies or practices of those sites or resources.

You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and do not endorse any advertising or any damage or loss that is caused by or in connection to these sites.

You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

We encourage you to be aware when you leave the service and to read the terms and conditions and privacy policy of each other website you visit.

Privacy Policy Statement

We respect the information you give us and as a result we recognize the importance of protecting your privacy. We shall not share your confidential information with unauthorized persons. And we provide a statement explaining our online information practices and the choices you can make on how your information is collected and used in this site. Please refer to our privacy policy which forms part of these terms. Your acceptance of these terms constitutes an acceptance of the terms of our privacy policy.

Indemnity

You agree to indemnify and hold harmless the site, its officers, directors, employees, agents, distributors from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Warner's servers, and/or from any and all use of your account.

The site reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnity under this term. In such event, you shall provide the site with such cooperation as is reasonable requested.

Applicable Laws

Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the Laws of Kenya. We both agree to submit to the personal and exclusive jurisdiction of the courts of the Republic of Kenya in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.

Ending your relationship with us

The Terms will continue to apply until terminated by either you or us as set out below.

If you want to terminate the terms with us, you may do so by

  1. notifying us at any time and
  2. closing your account with us. Your notice should be sent, in writing, to our email address which is set out in paragraph 20 below.

We may at any time terminate these terms with you if:

  • you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
  • we are required to do so by law (for example, where the provision of the site services to you is, or becomes, unlawful).

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and us have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 18 shall continue to apply to such rights, obligations and liabilities indefinitely.

Contact Us

To contact us please email support@hivisasa.com or call +254 724 999 236.

Thank you for visiting our site.

Conclusion

The above write up provides a summary of more practical aspects that exist in Hivisasa.com business model as they carry out their day to day activities.

It is of importance that these terms be provided in the website as they form a legally binding agreement between Hivisasa.com being the website and the users and writers who enjoy the services of the site.

Qualifications

This opinion is provided for the sole use of Hivisasa, our client for these purposes, and we accept no liability to any other party for the same.

This opinion cannot be reproduced and/or disclosed to third parties without our prior written consent.

This opinion is limited to the facts as summarised herein and the information provided by the client. Our firm has no personal knowledge of the matters in dispute.

For over fifteen (15) years, there was no systematic case reporting system in Kenya, although in 2005, official law reporting resumed. It is therefore very difficult to be certain as to whether or not there is a specific Kenyan authority on a particular point. Whilst we try to be as diligent as we can in researching all applicable case law and in obtaining as many authorities as possible through various means, it is possible that we may have missed out on an authority which may be relevant or applicable to the matter under consideration.

Litigation inherently involves risk. Where we have stated an opinion on the merits, this is based on our genuine and reasonable belief based on the information and documents provided to us. There is no guarantee that the eventual outcome will coincide with any of our predictions.