Agreement to the Terms
The users of MyShambaExpress, including Advertisers, are subject to these terms of usage (the “Terms of Use”). Subject to the Terms of Use, MyShambaExpress offers a variety of online services (the “Service”). Kindly carefully read the terms of use. MyShambaExpress offers you the Service on the understanding that you will abide by these Terms of Use. You accept these Terms of Use and agree to be bound by them by accessing or using the Service. Please do not visit or use the Service if you do not want to be bound by these Terms of Use. All postings, messages, text, files, pictures, photos, videos, audio, and other items on MyShambaExpress are subject to the Terms of Use.
Acceptance of these Terms of Use is required in order for you to publish advertisements on MyShambaExpress. These Terms of Use are accepted when you submit an advertisement on MyShambaExpress. Please refrain from posting any advertisements on MyShambaExpress if you do not want to be bound by these terms of use. Other than that, these Terms of Use will govern any and all advertisements you publish.
Modification of the Licence Terms
MyShambaExpress retains the right, at any moment, to amend, modify, or replace these terms and conditions in any way, in its sole discretion. Any changes made here will take effect as soon as they are published. It is your responsibility to regularly examine this agreement and ensure that you are aware of the most recent Terms of Use.
Content
MyShambaExpress owns all rights, title, and interest in and to the Content, or it is used with permission from her, and it is safeguarded by applicable law. You acknowledge that the owner of any Content that is uploaded, shared, or otherwise made available over the Service is solely responsible for the content that they create. To be more precise, every single piece of content (referred to as a “Item”) that you upload or otherwise make available over the Service is fully your responsibility. You may be exposed to offensive, indecent, incorrect, misleading, or otherwise objectionable Content by using the Service, as MyShambaExpress has no control over and assumes no liability for Content made accessible through the Service. MyShambaExpress makes no guarantees about your privacy or confidentiality.
Revocation of Warranties
You understand and agree that using the service and the MyShambaExpress website is entirely at your own risk. Without imposing any kind of warranty, the MyShambaExpress site and service are offered “as is”. We explicitly disclaim all warranties, both implied and express. MyShambaExpress disclaims any warranties regarding the accuracy, timeliness, security, reliability, and performance of the website. MyShambaExpress disclaims any warranties for any other products or services that are obtained via, advertised on, or accessed through any links on the MyShambaExpress site. In relation to the website or service, MyShambaExpress disclaims any warranties about viruses or other harmful components.
Potential Violation
Please contact MyShambaExpress’s customer service if you suspect that your work has been reproduced in a way that violates copyright or that your intellectual property rights have been damaged in any other way.
If this is the case, kindly give our customer service enough information so that MyShambaExpress can identify the content you believe is infringing and offer a description of the infringement. Kindly include your contact details as well.
Your Permission
You are granted a limited, nonexclusive, revocable licence by MyShambaExpress to use the Service for your own personal use. This licence excludes using data collection and extraction tools for any purpose without MyShambaExpress’s prior permission, as well as any collection, aggregation, copying, replication, display, or derivative use of the Service.
Statement of Privacy
You acknowledge that you are aware of and that using the Service is contingent upon your agreement with MyShambaExpress’s Privacy Policy, which explains to users how their information is gathered and handled. In addition, you agree and acknowledge that MyShambaExpress may, at its sole discretion, preserve or disclose your Content as well as your information, including timestamps, IP addresses, email addresses, and other user data, if doing so is required by law or other administrative order or otherwise in order to enforce the Terms of Use; respond to claims that any Content violates third-party rights; address allegations that a third party’s contact information has been posted without authorization; or safeguard the rights, property, or safety.
Service Restrictions
You understand that MyShambaExpress has the right to impose restrictions on how you use the service. These restrictions may include, but are not limited to, a cap on the quantity and size of posts you can make, the number and size of emails you can send, the number of days that the service will keep content, the frequency at which you can access the service, and more. You acknowledge that MyShambaExpress disclaims all liability and responsibility for any Content lost or not stored by the Service. It is acknowledged that MyShambaExpress has the right, at any time and without prior notice, to alter or terminate the Service (or any portion thereof).
Dismissal
You acknowledge and agree that MyShambaExpress may, at any time and without prior notice, remove or deactivate your account, block your IP address or email, or otherwise terminate your use of the Service or a portion of it. Additionally, MyShambaExpress may remove and discard any content found on the Service for any reason, including, but not limited to, if MyShambaExpress believes that you have violated the Privacy Policy or the Terms of Use.
Before your next payment date, you can get in touch with us if you would want to halt or put on pause your advertising with MyShambaExpress. Notification must be sent at least 30 days before your subscription expires (or 7 days if it is a weekly subscription).
Restrictions on Liability
NO MATTER WHAT, Poshafrika IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR SERVICE, AND THIS IS THE CASE REGARDLESS OF HOW THE DAMAGES HAVE ARISED. This restriction will also apply to any losses incurred as a result of other goods or services obtained via or promoted in connection with the Poshafrika website, the service, or any links on the website.
INDEMNITY
In consideration for your use of the Platform, your User Content, your breach of any representation, warranty, covenant, or obligation stated in these Terms, your violation of any applicable law, industry standard, regulation, guideline, or rule, and any transaction you enter into via the Platform or your violation of its terms, you agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, dir The Administrator retains the right to take exclusive defence and management of any case, at your expense.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed in accordance with the laws of Kenya. Any dispute, controversy or claim arising out of or in connection to this contract, or breach, termination or invalidity thereof shall be settled by arbitration in accordance with the NCIA Arbitration Rules. The language to be used in the arbitral proceedings shall be English.