TERMS OF USE

GENERAL

These Terms of Use constitute a contract between Pori and you (which expression shall where the context so admits include your representatives and permitted assigns) and govern your use and access of the https://pori.africa/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

CHANGES ON TERMS OF USE

Supplemental Terms of Use or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. Pori reserves the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

Pori will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

PRIVACY AND DATA PROTECTION

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The content of this website is not targeted towards, nor intended for use by, anyone under the age of thirteen (13) years. A user must be at least this age to access and use this website. If a user is between the ages of thirteen (13) years and age eighteen (18), he or she may only use this website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHTED MATERIALS

This website contains material which includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright terms herein.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Terms of Use;
You are not under the age of 13;
Not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Site];
You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Site for any illegal or unauthorized purpose;
Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, Pori has the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).

USER REGISTRATION

At all times when prompted by the website to register for an account, you agree: to

create only one account;
provide accurate, truthful, current and complete information when creating your account;
maintain and promptly update your account information;
maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
promptly notify PORI if you discover or otherwise suspect any security breaches relating to the website; and
take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which Pori makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited email, or create user accounts by automated means or under pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
[other]

USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 sexually or violently.
Your Contributions do not violate any federal or state law concerning child pornography, or are otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

8.1. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content on our marketplace, and across our marketing channels and any existing or future media.

8.2. You grant to us the right to sub-license the rights licensed under section 8.1.

8.3. You grant to us the right to bring an action for infringement of the rights licensed under section 9.1.

8.4. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.5. Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublished or edit any or all of your content.

GUIDLINE FOR REVIEWS

Pori may provide you with areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

You should have firsthand experience with the person/entity being reviewed;
Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
Your reviews should not contain references to illegal activity;
You should not be affiliated with competitors if posting negative reviews;
You should not make any conclusions as to the legality of conduct;
You may not post any false or misleading statements;
You may not organize a campaign encouraging others to post reviews, whether positive or negative.

Pori may accept, reject, or remove reviews at our sole discretion. Pori has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners.

Pori does not assume liability for any review or any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

USE OF MOBILE AND WEBSITE APPLICATIONS

Use License

If you access the Site via a mobile application, then Pori grants you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly following the Terms of Use of this mobile application license contained in these Terms of Use.

You may:

view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
stream audio and video files from our website using the media player on our website; and
use our marketplace services by means of a web browser, subject to the other provisions of these general terms and conditions.

You shall not:

Decompile, reverse engineer, disassemble, and attempt to derive the source code of, or decrypt the application;
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

Use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended;
Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
Use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable Terms of Use that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the Terms of Use that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) Pori may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) Pori may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

Pori makes no effort to review any Social Network Content for any purpose, including but not limited to, accuracy, legality, or non-infringement, and Pori is not responsible for any Social Network Content.

You acknowledge and agree that Pori may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). Pori will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. Pori shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

These links are provided solely as a convenience to You, and access to any such websites is at Your own risk. We encourage You to be aware when You leave the Site, and to read the terms and conditions and privacy policy of each other entity’s website that You visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites.

In no event shall PORI be responsible for the information contained in such websites, their practices or for Your use of or inability to use such websites, or transmissions received from such websites.

You expressly relieve Us from any and all liability arising from Your use of any third-party website.

ADVERTISERS

Pori does not allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements.

SITE MANAGEMENT

Pori reserve the right, but not the obligation, to:

Monitor the Site for violations of these Terms of Use;

Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

By accessing or using this Website, you consent to all actions that we take with respect to your data consistent with our Privacy Policy [CLICK HERE]/posted on the Site.

Please read the Privacy Policy carefully to understand how PORI collects, uses and discloses personally identifiable information from its users

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, PORI reserves the right to, in our sole discretion AND WITHOUT NOTICE OR LIABILITY, deny access to and use of the site (including blocking certain ip addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. Pori may terminate your use or participation in the site or delete [your account and] any content or information that you posted at any time, without warning, at our sole discretion.

If Pori terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, Pori reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

GOVERNING LAW

The validity construction and performance of this Agreement shall be governed by the Laws of the Republic of Kenya.

DISPUTE RESOLUTION

We attempt to resolve all complaints as swiftly and as effectively as possible, and try to address any issues raised to the best of our ability, taking into account the importance and complexity of the issue raised. Once we have reviewed your complaint, we will communicate to you the outcome of the review. We also publish information regarding the functioning and effectiveness of our Internal Complaint Handling System here.

In case of any dispute which is not related to one of the matters mentioned above or which remains unresolved after using our Internal Complaint Handling System, the parties will first attempt in good faith to negotiate a written resolution of the matter directly. if the matter remains unresolved for sixty (60) it will be deemed a “dispute” and each party shall first refer the dispute to proceedings under the Mediation

The court system shall be sort as a last resort

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. Pori reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER AND LIMITATIONS OF LIABILITY

YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PORI NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR ANY ACTIONS PORI TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE.

USER DATA

Pori will maintain certain data that you transmit to the Site to manage the Site, as well as data relating to your use of the Site. Although Pori performs routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications Pori provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by having drafted them.

CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Email : ekskleim@gmail.com

Mail : Ekskleim Limited

P.O Box 25643 – 00100

Nairobi