TERMS & CONDITIONS
The following terms and conditions govern your access and use of this website (“Site”) and the content and services offered to you through this Site (“the Services”).
- Acceptance of Terms
2.1 In order to access any of the Services you will be required to accept these terms and conditions. You will be deemed to have accepted these terms by:
- Completing our online registration process and confirming that you have read and accepted these terms; or
- Viewing, accessing or using content on the Site which does not require registration.
2.2 We suggest that you print out and keep a copy of these terms for your records. In addition to these terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Service.
- Your use of the Services
3.1 Registration and use of the Services
In order to access or continue to use certain Services, you may be required to provide information about yourself (such as identification or contact details). You agree to provide true, accurate, current and complete information when registering for the Services.
You agree to use the Services only for purposes that are permitted by:
- these terms and
- any applicable law or regulation.
You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any part of the Site. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that Star Discover has no responsibility to you or to any third party for) any breach of your obligations under these terms and for the consequences (including any loss or damage which Star Discover may suffer) of any such breach.
3.2 Password and Account Security
For certain Services e.g. registration for use of Star Discover Online services you will be required to choose a user name and a password. For any such Services: The user name you choose must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party. Should we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you.
We may change your password and username from time to time and we will notify you of any changes by using the contact details that you have provided to us. Your password is confidential and being aware of this you agree and understand that you are responsible for maintaining the confidentiality of password(s) associated with your account(s). Accordingly, you agree that you will be solely responsible to Star Discover for all activities that occur under your account.
- Prohibited use of the Services
- You, and any persons you allow to use the Services through your access to the Services, are not allowed to:
- Copy, disclose, modify, reformat, display, distribute, license, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Services or any part thereof except as set out in these terms; Include or create links (including deep-links) to or from the Services;
- Replicate the Site or create a separate border around any part of the Services (also known as “framing”); or
- Use the Services for storing, reproducing, transmitting, communicating or receiving any Offending Material.
- You, and any persons you allow to use the Services through your access to the Services, are not allowed to:
- For the purpose of these terms Offending Material means any content transmitted using the Service that is:
- In breach of any law, regulation or code of practice invoked by Star Discover, industry regulator or any other competent authority or any policy adopted by Star Discover with regard to the acceptable use of the Services, or
- Abusive, indecent, defamatory, obscene, pornographic, offensive or menacing (or that has the effect (as may be contemplated by a reasonable person) of causing the recipient to feel so harassed, abused or offended; or
- Designed to cause annoyance, inconvenience or needless anxiety to any person; or
- In breach of confidence, intellectual property rights, privacy or any right of a third party.
- Hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Services or any other website;
- Collect and process others’ personal data except in accordance with applicable data protection law;
- Advertise or offer to sell goods or services on the pretext that the same are endorsed, offered for sale or originate from Star Discover;
- Infringe any other person’s intellectual property rights;
- Use the Services to harvest or collect information about users of the Services or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as “spam”);
- Use the Services or the Content in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable;
- Use the Services to send emails and other content coached, phrased or written in such a manner as to give an impression that the email is correspondence from Star Discover.
4.2 You are responsible for any misuse of the Services even if it is by another person using your access to the Services.
4.3 We reserve the right to block, remove, edit or refuse to post any material that you attempt to transmit through the Services that we deem to be in contravention of these terms and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these terms. If you become aware of any content or material circulated using the Services and that is in breach of these terms or content or material on the Site that is similarly in breach of these terms then we encourage you to promptly inform us by contacting our customer care service.
4.4. We are not responsible or liable for any failure to remove, block or delay in removing, any such infringing content or material or third party material from the Service or for any good faith but wrongful removal of third party material.
- Use of your information
Star Discover may hold and use information provided by you for a number of purposes, which may include:
- Carrying out any activity in connection with a legal, governmental or regulatory requirement on Star Discover in connection with legal proceedings or in respect of crime or fraud prevention, detection or prosecution.
- Monitoring or recording of your communications for Star Discover’s business purposes such as marketing, quality control and training, prevention of unauthorized use of Star Discover’s information and communications system and ensuring effective systems operation in order to prevent or detect crime.
- Cost of using the Services
You will need to provide all equipment necessary to access the Service. If your equipment does not support the relevant technology allowing you to access the internet then you will not be able to use this Service.
- Cost and Charges
Star Discover will currently not charge you to sign up/register for the Services, save as may otherwise be communicated by Star Discover from time to time. However, Star Discover reserves the right to charge for access or all of Services in the future, subject to a clear notice when accessing Services that are charged.
- Delivery of Messages and Storage
- Although Star Discover will take all reasonable steps to ensure that the Services are available to you at all times, it cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, planned maintenance or rectification work. Your equipment may also interfere adversely with the quality and provision of the Services. We therefore do not warrant and shall not be liable for any delay or failure to send, receive or process messages, pictures, video clips and other communications nor shall we be liable for the quality of the materials received.
- You accept and recognize that the Internet is not a secure environment and as such messages, pictures, video clips and other communications may be intercepted or accessed by those other than the intended recipient, manipulated, distorted, adapted, modified, stored or forwarded by others to you which may give unauthorized persons access to information stored on your PC or mobile device or may cause damage to your PC or mobile device. Star Discover accepts no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third parties. You will be required to take reasonable precautions while accessing websites, sending or receiving emails using the Services.
- Star Discover may establish limits concerning the use of the Services, for example, the maximum number of characters that may be posted or received on the online services, the maximum capacity allocated to you for storage and/or transmission of content.
- Intellectual Property Rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services (“Content”) is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these terms. If you wish to do use the Content for any other purpose other than reviewing it on the Site then you will be required to obtain the prior written permission of the owner of the rights in that material. All rights are expressly reserved. Having noted the above you shall not be entitled in respect of any Content (wholly or partly): To pass it on to third parties or to allow third parties to access it unless and to the extent expressly permitted; or To change, edit, modify, reformat or adapt it in any other way.
- No Warranties
The information contained in this Site may be out of date and/or may contain other errors or omissions. Star Discover provides the Service and Content on the Site “as is” and makes no warranties of any kind, either express or implied with respect to the Service and/or the Content (including without limitation regarding their satisfactory quality, freedom from viruses or other harmful components, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these terms.
- Hyperlinks and Third-Party Sites
Star Discover explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. The inclusion of links on the Service to third party sites not controlled by us does not imply any endorsement by us of such sites and as such any transaction you make with a third party flowing from such links is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
- Dispute Resolution
- If a dispute, controversy or claim arises out of or relates to the use of this Website or the breach of the terms and conditions of use thereof and if the dispute cannot be settled through negotiation within twenty one (21) days of an offer by one party to negotiate a settlement, the parties agree to attempt to settle the dispute by mediation. The mediator will be appointed by mutual consent of the parties and the mediator’s costs will be born equally by the parties. No party may commence any court proceedings or arbitration in relation to such dispute until they have attempted to settle by mediation and that mediation has terminated.
- If the dispute has not been settled pursuant to the mediation within twenty one (21) days from when the mediation was instituted, upon filing of a Request for Arbitration by any one party, it shall be referred to and finally determined by arbitration in accordance with the Arbitration Act No 4 of 1995 , Laws of Kenya and the Rules of the Kenya branch of the Chartered Institute of Arbitrators, which Rules are deemed to be incorporated by reference to this clause. Such dispute resolution procedures shall be conducted substantively and procedurally according to the Laws of Kenya.
- We shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses in relation to:
- your use of, reliance upon or inability to use our Service and/or Content;
- the deletion with or without notice or cause of any of your data or information stored on the Service;
- any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Service at any time;
- the removal from the Service of any material sent or posted by you on or via the Service and/or
- the blocking or suspension of your access to the Service or any part of it in accordance with these terms.
- If you are dissatisfied with any part of the Service or with any of these terms, your sole and exclusive remedy is to discontinue using this Service.
- You irrevocably agree to indemnify us (Star Discover) and any of our third party providers (“together indemnified persons”)fully against and to hold the indemnified persons harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by the indemnified persons as a result of any claim by a third party resulting from your use of the Service (or use of the Service by anyone who accesses the Service via your password) in breach or non-observance of these terms.
- We shall notify you of any claim that we or any of the other indemnified persons receives and you hereby agree to provide us and/or any of the indemnified persons with full authority to defend or settle such claims and shall provide us and/or any of the indemnified persons with all reasonable assistance necessary to defend such claims, at your sole expense.
14.1 Star Discover reserves the right to vary the terms and conditions of this Agreement at any time by placing the revised terms and conditions on its website www.stardiscover.co.ke and you will be deemed to have been bound by such variation by continuing to use the Services. You should periodically check the website to make yourself aware of any variations.
14.2 The construction, validity and performance of these terms and conditions shall be governed in all respects by the Laws of Kenya.
14.3 If any provision of these terms and conditions are declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, such a term shall be amended or at the discretion of Star Discover, it may be severed from these terms and conditions and the remaining provisions of these terms and conditions shall remain in full force and effect.
14.4 Except where this terms and conditions provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law. The failure by Star Discover to enforce at any time or for any period any one or more of the terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions.
14.5 No delay or failure by Star Discover shall constitute a breach or give rise to any claim for damages or loss of anticipated profits if such delay or failure is caused by force majeure. Force majeure shall mean an occurrence which is beyond and without fault or negligence of Star Discover, and which Star Discover is unable to prevent or provide against by the exercise of reasonable diligence including, but not limited to: acts of God or of the public enemy, appropriation of confiscation of facilities, terrorists activity or other catastrophe, strikes, lockouts or any other concerted acts of employees, epidemics, pandemics, floods, earthquakes or other similar occurrences.
14.6 You shall not assign these terms and conditions to a third party. Any unauthorized assignment or attempt to assign will automatically terminate this Service. Star Discover may assign these terms and conditions in whole or part to any third party at its discretion.
14.7 You acknowledge and agree that in entering into this Agreement you do not rely on, shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to these terms and conditions or not) other than as expressly set out in these terms and conditions as a warranty. Nothing in this clause shall, however, operate to limit or exclude liability for fraud.
- Suspension and Termination of the Service
15.1 We may suspend, vary or terminate your use of the Service or the Site without compensation for any period during which:
- Star Discover is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
- Star Discover reasonably suspects or believes that you are in breach of these terms and conditions;
- Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
- Is necessary in order to update or upgrade the contents or functionality of the Service from time to time;
- Upon any detection of abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Service;
- Where you remain inactive for any period of time chosen by us in our reasonable discretion or where we believe, in our sole and absolute discretion;
- Star Discover suspends the provision of the Services for its commercial reasons or for any other reason as it may determine in its absolute discretion.
15.2 If we suspend your access to the Service to investigate or prevent a potential breach, these terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.
15.3 If your access to the Services is terminated for any reason then we may proceed to delete all information that you have stored on the Service. We therefore recommend that you save copies of all information that you wish to keep on another storage device apart from the Service.
15.4 If we terminate your access to the Service for material breach of these terms (including non-payment of any sums due by you-where applicable) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether.
15.5 In the event that we decide to permanently withdraw the Services, we shall communicate this decision using such means as we shall deem fit. However please remain aware that depending on the nature of the reason for the suspension, change or termination of the services it may not always be possible to give advance notice. Consequently, Star Discover shall not be liable to you for any ensuing loss or damages occasioned to you from such a suspension, change or termination. Termination shall however, not affect the accrued rights and liabilities of either you or us.
15.6 You may terminate your use of the Services at any time by sending a message to the email address firstname.lastname@example.org or following such other instructions as may be communicated on the website or contacting us, as set out above. Termination of the Service will not affect your obligation to pay for Services used by you or any third-party services or goods previously purchased using the Services.