TERMS OF USE

Terms of Use for the website keeppaceafrica.com

OVERVIEW

Welcome to keeppace.net, the site for products manufactured by Pace Communications Limited bearing the trademark “PACE”,, (hereinafter the “Website” or “WEBSITE”). The Website is operated by Pace Communications Limited, (hereinafter “Pace”, “we” or “us”).
The following terms and conditions (hereinafter the “Terms of Use”) apply to you as visitor to or user of the Website (hereinafter “you”). By using this Website, you accept and agree to be bound by these Terms of Use, which may be modified by Pace at any time and posted on this Website. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE OR ANY INFORMATION CONTAINED IN THE WEBSITE. YOUR USE OF THE WEBSITE WILL BE DEEMED YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH IN THESE TERMS OF USE. In the event of a violation of these Terms of Use, Pace reserves the right to seek all remedies available by law and in equity.
By accepting these Terms of Use through your use of the Website, you certify that you are 18 years of age or older. If you cannot so certify, you may not use this Website.

ONLINE CONTENT DISCLAIMER

The Contents of this Website are for informational and entertainment purposes only and should not be construed as advice.
Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Website and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than us. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends over the Website. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Website, or transmitted to users.
Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. We reserve the right, but have no obligation, to monitor the materials posted on all areas of the Website or to limit or deny a user’s access to the Website or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. We have the right to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement, or which might be offensive or might violate the rights of, or harm or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Website, please contact us at hello@keeppaceafrica.com.

INTELLECTUAL PROPERTY RIGHTS

Pace and the other respective owners of the intellectual property rights associated with or displayed on the Website retain all rights regarding their intellectual property rights, such as designs, patents, trademarks, trade names, brand names and trade dress.
The Website and all of its content, including, but not limited to, its software, source code, HTML code, scripts, web apps, text, artwork, photographs, images, animations, design, video, and audio (collectively, “Materials”) are protected by national and international copyright laws and treaties. All Materials are provided by Pace as a service to you as a current and/or prospective customer and may be used by you only for your personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. By using this Website you obtain no right, title or interest in any of the Materials. This is a limited license, not a transfer of title of any Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without Paces’ prior written permission; (b) you may not access or use the Website for any competitive or commercial purpose; and (c) you will not permit any copying of the Materials.
Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Pace may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Pace and its licensors.
Any misuse of the intellectual property rights, including but not limited to trademarks and copyrighted materials, displayed on the Website is strictly prohibited and Pace will enforce its intellectual property rights to the fullest extent of the law, including reserving the right to seek civil remedies and criminal prosecution.
Linking to the Website is prohibited absent express written permission from Pace. Furthermore, framing, inline linking or other association of the Website or its Materials with links, advertisements and/or other information not originating from Pace is expressly prohibited.

PRODUCTS, CONTENT AND SPECIFICATIONS

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
Pace products, including but not limited to the applicable colors. However, the actual color you see will depend on your computer system and configuration, and Pace cannot guarantee that your computer will accurately display such colors.
The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. Pace reserves the right to discontinue any product at any time without notice.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the purchase, possession, use and sale of any product or service purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
This Website, its content, product information, and any products sold through the Website are intended to comply with applicable Kenyan laws and regulations. If you are a non-kenya based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in Kenya.
Pace reserves the right, but is not obligated, to limit the sales of its products or services for any reason, at its own discretion. Pace may exercise this right on a case-by-case basis.
Pace also may require verification of information prior to the acceptance and/or shipment or delivery of any order.
This Website sells products to end consumers only. You shall not use the Website to purchase products for re-sale or export. Pace reserves the right to immediately bar access to this Website and terminate the account of any user who violates this provision.

LINKING

Periodically, links may be established from this Website to one or more external websites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Website. None of such links should be deemed to imply that Pace endorses the Third Party Sites or any content therein.
Pace does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Accessing any Third Party Sites is at your own risk and Pace shall have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Sites.

NO WARRANTIES; RELEASE

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, COVENANTS OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE WEBSITE, ANY SERVICES OFFERED THEREON, WEBSITE CONTENT, THIRD PARTY CONTENT OR ANY OTHER CONTENT. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICES OFFERED THEREON, THE WEBSITE CONTENT, THIRD PARTY CONTENT AND ANY OTHER CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED FROM OR ON THE WEBSITE. WE DO NOT WARRANT: (1) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (2) THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED; (3) THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT, THIRD PARTY CONTENT, OR ANY OTHER CONTENT; OR (4) THAT ANY ERRORS IN THE WEBSITE CONTENT, THIRD PARTY CONTENT OR OTHER CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICES OFFERED THEREON, AND THE WEBSITE CONTENT AND OTHER CONTENT ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

RELEASE AND INDEMNIFICATION

IF YOU HAVE A DISPUTE WITH US, YOU RELEASE US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS AND LICENSORS) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU AGREE TO INDEMNIFY AND HOLD US (AND OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS AND LICENSORS), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (1) YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY AND (2) YOUR USE, MISUSE, OR INABILITY TO USE THE WEBSITE, THE SERVICES, OR THE WEBSITE CONTENT OR ANY VIOLATION BY YOU OF THIS AGREEMENT. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY CONDUCT OF ANY USER OF THE WEBSITE.

YOUR COMMUNICATIONS AND SUBMISSIONS

Pace shall be free, but not obligated, to use, commercialize or sell any ideas, concepts, know-how, text, photographs, images or techniques contained in any communication you send to the Website, including but not limited to any posted content or submitted material, (“User Submissions”) for any purpose whatsoever including, but not limited to, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology, now known or hereafter developed including, without limitation, broadcast and cable television, radio, mobile transmission, and the internet, for any purpose whatsoever including, without limitation, advertising, promotion, entertainment or commercial purposes or developing, manufacturing and marketing products using such information, all without any payment to or further authorization by you.
You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Pace does not guarantee any confidentiality with respect to any User Submissions.
You are solely responsible for your own User Submissions and submitting them to Pace. Pace shall be under no obligation to respond to any User Submissions.
Pace reserves the right to determine in its sole discretion whether User Submissions are appropriate and comply with these Terms of Use and other applicable rules and restrictions and whether or not to allow the uploading and/or removal of any User Submissions.
If there is a possibility to post comments on this Website, such comments are considered as User Submissions. Pace does not regularly review posted comments but does reserve the right (but not the obligation) to monitor and edit or remove any comments submitted to the Website. You grant Pace the right to use the name that you submit in connection with any comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content of any comments you make and you agree to indemnify Pace (and our members, directors, officers, employees, contractors, consultants, agents and licensors) and its affiliates for all claims resulting from any Comments you submit.
Pace (and our members, directors, officers, employees, contractors, consultants, agents and licensors) and its affiliates take no responsibility and assume no liability for any comments submitted by you or any third party.

NO ENDORSEMENT OR LIABILITY FOR USER-GENERATED OR THIRD-PARTY CONTENT

If third-party or User Submissions are posted on this Website, the posting of those submissions does not constitute Pace endorsement of those submissions. Pace (and our members, directors, officers, employees, contractors, consultants, agents and licensors) and its affiliates are not responsible or liable for any claim, as far as allowed by limitations by law, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or death in connection with third-party or User Submissions.
Prohibited Uses of Website and Services
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that: (1) contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer or of the Website; (2) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing of any intellectual property rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; (3) contain chain letters or pyramid schemes; (4) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (5) impersonate any person, business or entity, including Pace members, directors, officers, employees, contractors, consultants, agents and licensors; (6) encourage conduct that would constitute a criminal offence; (7) give rise to civil liability; (8) otherwise violate any law; or (9) in doing so, amounts to any conduct that, in the judgment of Pace, restricts, impairs, interferes or inhibits any other user from using or enjoying the Website and/or Pace related services and products.
In addition to any remedies that Pace may have at law or in equity, if Pace determines, in Pace sole discretion, that you have violated or are likely to violate the foregoing prohibitions, Pace may take any action Pace deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Website. Pace will fully cooperate with any and all law enforcement authorities or court orders or subpoenas requesting or directing Pace to disclose the identity of anyone posting such materials.

WEBSITE SECURITY

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation; (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host, or network, or with access to the Website, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail-bombing, crashing, or usurping the Website’s resources or bandwidth; (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of Pace system or network security using any of the means above may result in civil and/or criminal liability. Pace will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
You also agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Pace and other than generally available third party web browsers (e.g., Google, Microsoft Explorer, Safari, Opera Mini or Mozilla Firefox).

REGISTRATION, ACCOUNTS AND PASSWORDS

You are responsible for the personal protection and security of any password or username that you may use to access this Website. You are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to Pace communications Limited.

NOTICE

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Pace will communicate with you by e-mail and/or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that Pace provides to you electronically satisfy any legal requirement that such communications be in writing.

PRIVACY STATEMENT

Pace is committed to protecting the privacy of the visitors to this Website. For information on how information is collected, used, or disclosed by Pace in connection with your access to or use of this Website, please consult Pace’ Privacy Policy.

NO OTHER AGREEMENTS

The provisions and conditions of these Terms of Use, the Privacy Policy and the Terms for Purchase constitute the entire agreement between you and Pace related to the use of this Website and purchase of product(s) and supersedes any prior agreements or understandings not incorporated in the Terms of Use, Privacy Policy, and Terms of Purchase.

REVISIONS

Pace may terminate, change, suspend, update or discontinue any aspect of this Website, including the availability of any features of this Website, at any time and without notice. Pace also reserves the right, at its sole discretion, to change, modify, add or remove any portion of its Terms of Use, Privacy Policy and Terms of Purchase in whole or in part, at any time and without notice.
Pace may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these Terms of Use are posted will be considered acceptance of those changes.

COPYRIGHT COMPLAINTS

Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request that the users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Website who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

ADDITIONAL ASSISTANCE

If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, Pace invite you to contact Customer Service Department by e-mail at hello@keeppaceafrica.com.

JURISDICTION AND GOVERNING LAW

Pace controls this Website from its offices in Nairobi, Kenya. Pace does not imply that the materials published on this Website are appropriate for use outside of the Kenya. If you access this Website from outside of Kenya, you do so on your own initiative and you are responsible for compliance with local laws.
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.