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    Terms and Conditions

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    Terms & Condition of Use

    A few considerations as you use membleypark.com

    1. Introduction

    MEMBLEYPARK.COM is an Information and listing website providing information about Membley Estate in Ruiru, Kiambu County Kenya and Environs. This is a private information site and not mandated by the community or any organization thereafter termed as  a private website for business. These MEMBLEYPARK.COM Terms of Service (which we refer to as the “Terms”) cover your use of and access to MEMBLEYPARK.COM and your content in MEMBLEYPARK.COM. Our Privacy Policy explains how we collect and use your information.

    Your use of MEMBLEYPARK.COM requires that you agree to the Terms. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use MEMBLEYPARK.COM.

    2. Your use of MEMBLEYPARK.COM

    Age Restrictions. In order to use MEMBLEYPARK.COM you must be 18 years of age or older.

    Your MEMBLEYPARK.COM Account. You will need a MEMBLEYPARK.COM Account in order to use MEMBLEYPARK.COM. To protect your MEMBLEYPARK.COM Account, keep your password confidential. You are responsible for the activity that happens on or through your MEMBLEYPARK.COM Account. Try not to reuse your MEMBLEYPARK.COM Account password on third-party applications.

    Your Conduct. Don’t misuse MEMBLEYPARK.COM. You may use MEMBLEYPARK.COM only as permitted by law, including applicable export and re-export control laws and regulations. You are responsible for your conduct and your content stored in MEMBLEYPARK.COM. We may review your conduct and content in MEMBLEYPARK.COM for compliance with the Terms and Policies.

    MEMBLEYPARK.COM is available on mobile devices. Do not use MEMBLEYPARK.COM in a way that distracts you and prevents you from obeying traffic or safety laws.

    Your Content. MEMBLEYPARK.COM allows you to upload, submit, store, send and receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

    When you upload, submit, store, send or receive content to or through MEMBLEYPARK.COM, you give membleypark.com a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This license continues even if you stop using our services unless you delete your content. Make sure you have the necessary rights to grant us this license for any content that you submit to MEMBLEYPARK.COM.

    Sharing settings in MEMBLEYPARK.COM allow you to control what others can do with your content in MEMBLEYPARK.COM. By default you are set up as the controller of all content you create or upload to MEMBLEYPARK.COM. You can share your content and can transfer control of your content to other users.

    Our automated systems analyze your content to provide you personally relevant product features, such as customized search results, and spam and malware detection. This analysis occurs as the content is received, shared, uploaded and when it is stored. You can find more information about how membleypark.com uses and stores content in our Privacy Policy. If you submit feedback or suggestions about MEMBLEYPARK.COM, we may use your feedback or suggestions without obligation to you.

    Announcements. In connection with your use of MEMBLEYPARK.COM, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

    Our MEMBLEYPARK.COM services. Using MEMBLEYPARK.COM does not give you ownership of any intellectual property rights in MEMBLEYPARK.COM or the content you access. You may not use content from MEMBLEYPARK.COM unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in MEMBLEYPARK.COM. Don’t remove, obscure, or alter any legal notices displayed in or along with MEMBLEYPARK.COM.

    3. Privacy Protection

    Membleypark.com Privacy Policy explains how we treat your personal data and protect your privacy when you use MEMBLEYPARK.COM. By using MEMBLEYPARK.COM, you agree that membleypark.com can use such data in accordance with our Privacy Policy.

    4. Copyright Protection

    We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Copyright Act of the Laws of Kenya.

    5. About Software in our Services

    Client Software. MEMBLEYPARK.COM includes downloadable client software (“Software”). This Software may update automatically on your device once a new version or feature is available. membleypark.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by membleypark.com as part of MEMBLEYPARK.COM. This license is for the sole purpose of enabling you to use and enjoy the benefit of MEMBLEYPARK.COM as provided by membleypark.com, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of MEMBLEYPARK.COM or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

    Open source software. Open source software is important to us. Some software used in MEMBLEYPARK.COM may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these Terms.

    6. Modifying and Terminating MEMBLEYPARK.COM

    Changes to MEMBLEYPARK.COM. We are constantly changing and improving MEMBLEYPARK.COM. We may make performance or security improvements, change functionalities or features, or make changes to comply with law or to prevent illegal activities on, or abuse of, our systems. You can subscribe to receive information about MEMBLEYPARK.COM here. We will provide notice of material changes to MEMBLEYPARK.COM that we reasonably believe will adversely impact your use of MEMBLEYPARK.COM. However, there are times when we will need to make changes to MEMBLEYPARK.COM without giving notice. These will be limited to instances where we need to take action to ensure the security and operability of the service, prevent abuse or where we must act to meet legal requirements.

    Suspension and Termination. You can stop using MEMBLEYPARK.COM at any time, although we’ll be sorry to see you go. We may suspend or permanently disable your access to MEMBLEYPARK.COM if you materially or repeatedly violate our Terms. We will give you prior notice of us suspending or disabling your access to MEMBLEYPARK.COM. However, we may suspend or disable your access to MEMBLEYPARK.COM without notice if you are using MEMBLEYPARK.COM in a manner that could cause us legal liability or disrupt other users’ ability to access and use MEMBLEYPARK.COM.

    Discontinuation of MEMBLEYPARK.COM. If we decide to discontinue MEMBLEYPARK.COM, we will give you at least 60 days’ prior notice. During this notice period, you will have the opportunity to take your files out of MEMBLEYPARK.COM. After the end of this 60 day period you will not be able to access your files. We believe that you own your files and preserving your access to such files is important.

    7. Making Listing, Purchasing Plans and Payments

    MEMBLEYPARK.COM allows you to make listings for products, events, places, real estate and any other business or social related items within Membley Estate (subject to your compliance with the Terms), which may be used across all the services provided within MEMBLEYPARK.COM.

    Purchase of Additional Listing. You can also purchase additional listing (“Paid Listing Plan”) as you need it. We’ll automatically bill you from the date you convert to a Paid Listing Plan and on each periodic service term renewal until cancellation. Details of the paid listing plan will be provided. Please ensure that you read the terms carefully before making any purchase.

    Cancellation. Your Paid Listing Plan will remain in effect until it’s cancelled, downgraded or terminated under these Terms. You may cancel or downgrade your Paid Listing Plan at any time from within your account. Your cancellation or downgrade will apply to the next billing period after the current service term expires. If you don’t pay for your Paid Listing Plan on time, we reserve the right to downgrade your account and reduce your storage to free space levels.

    Plan and Price Changes. We may change the listing plan and price in effect but will give you prior notice of these changes. These changes will apply after your current service term expires, when the next payment is due from you after the notice. We will give you at least 30 days’ prior notice of a price increase or storage plan decrease before you are charged. If you are given less than 30 days’ prior notice, the change will not apply until the payment after the next payment is due. If you do not wish to continue with the updated listing plan or price, you may cancel or downgrade your Paid Listing Plan at any time. Your cancellation or downgrade will apply to the next billing period after the current service term; we will continue to make your files available to you or give you a chance to take your files out of MEMBLEYPARK.COM.

    8. Our Warranties and Disclaimers

    We provide MEMBLEYPARK.COM using a reasonable level of skill and care and we hope that you will enjoy using MEMBLEYPARK.COM. But there are certain things that we don’t promise about MEMBLEYPARK.COM. Other than as expressly stated, we don’t make any commitments about the specific listings available through MEMBLEYPARK.COM, its reliability, availability, or ability to meet your needs.

    9. Liability for MEMBLEYPARK.COM

    membleypark.com and its suppliers and distributors are not responsible or liable for:

    1. losses that were not caused by our breach of these Terms;

    2. any loss or damage that was not, at the time the relevant contract with you was formed, a reasonably foreseeable consequence of membleypark.com breaching the Terms; or

    3. losses relating to any business of yours including lost profits, revenues, opportunity or data.

    The total liability of membleypark.com, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, if the subject of the claim is the free service, to supply you the services again).

    Nothing in these terms is intended to exclude or limit the liability of membleypark.com and its suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded by law.

    We don’t allow listing of sale of vehicles on membleypark.com. As movable property, we cannot ascertain ownership of vehicles as based in Membley Estate. However, services involving vehicles e.g. taxi, car hire, courier etc are allowed if based in Membley.

    A listing for sale of real estate property will not be automatically accepted even upon payment of listing package. The web administrator will manually approve the listing once the owner of the listing confirms and verifies ownership of property to MEPRA or web administrator.

    10. Laws Governing the Terms

    These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Kenya and We and You agree and undertake that any controversy or claim arising out of or relating to these Terms and Conditions of Use will be adjudicated exclusively before a competent court in Nairobi Kenya only.

    11. Dispute Resolution

    Any dispute, controversy or claim arising out of or relating to this Terms and Conditions of Use or the validity, interpretation, breach or termination thereof (“Dispute”), including claims seeking redress or asserting rights under the Applicable Law shall be amicably settled through mutual consultation and escalation with and as MEPRA may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration Act of Kenya. Arbitration shall be presided over by a sole arbitrator mutually appointed by Us and the Customer. The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Nairobi.

    11. About these Terms

    We may modify these Terms or any additional terms that apply to MEMBLEYPARK.COM. For example: to reflect changes to MEMBLEYPARK.COM or to the law, custom, or political or economic policy; or in response to guidelines issued by regulators or relevant industry bodies; or to enable MEMBLEYPARK.COM meet its obligations. You should look at the Terms regularly. We will post notice of modifications to these Terms on this page. We will post notice of modified additional terms (“Additional Terms”) in the MEMBLEYPARK.COM website and will provide prior notice of material changes to the Terms to you. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted or notified to you. However, changes addressing new functions or features (“New Services”) or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a New Service, you should discontinue your use of that New Service (see “Termination” above, for more information).

    If there is a conflict between these Terms and the Additional Terms, the Additional Terms will control for that conflict.

    These Terms control the relationship between membleypark.com (as copyright owners of MEMBLEYPARK.COM) and you. They do not create any third party beneficiary rights.

    If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

    If it turns out that a particular term is not enforceable, this will not affect any other terms.