TERMS OF SERVICE
Last Updated: April 25, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Cidone Investments Limited (“Company,” “we,” “us,” “our”).
We operate the website https://jotunkasarani.com, as well as any related products and services that reference these legal terms (the “Legal Terms”) (collectively, the “Services”).
You can contact us by email at hello@jotunkasarani.com or by mail at:
Cidone Investments Limited
Mwiki St, Nairobi
Nairobi County 00100
Kenya
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Cidone Investments Limited, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. When we make changes, we will update the “Last updated” date above. You waive any right to receive specific notice of each such change. It is your responsibility to review these Legal Terms periodically. By continuing to use the Services, you agree to any revised Legal Terms.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
Our Services
Intellectual Property Rights
User Representations
Prohibited Activities
User Generated Contributions
Contribution License
Services Management
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
Miscellaneous
Contact Us
1. OUR SERVICES
The information provided on our website is not intended for distribution or use in any jurisdiction where such use would be contrary to law or would subject us to registration requirements in that jurisdiction. Those who access our Services from outside Kenya do so on their own initiative and are solely responsible for compliance with local laws.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including but not limited to source code, databases, software, designs, text, graphics, logos, and all content provided (“Content”) and all trademarks, logos, and service marks (“Marks”).
These are protected by copyright, trademark, and other intellectual property laws in Kenya and around the world.
You are granted a limited, non-exclusive, non-transferable, and revocable license to:
access our Services; and
download or print portions of the Content for personal, non-commercial use or internal business use only.
No part of our Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, translated, sold, or distributed for commercial purposes without our prior written permission.
If you wish to use any part of the Content or Services beyond what is permitted here, please contact us at hello@jotunkasarani.com.
Any unauthorized use of our Content or Marks is a material breach of these Legal Terms and may result in immediate termination of your rights to use our Services.
Your Submissions
If you provide us with any suggestions, feedback, or content (“Submissions”), you grant us full rights to use that Submission for any lawful purpose, without compensation or credit to you.
By sending any Submissions, you:
affirm that the content is original to you or that you have rights to share it;
waive any moral rights to the content to the extent allowed by law;
confirm that it does not contain confidential or proprietary information of others;
and agree to indemnify us from any claims resulting from your submission of such content.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
You have the legal capacity and agree to comply with these Legal Terms;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means (e.g., bots or scripts);
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable laws or regulations.
If any information you provide is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your access and refuse current or future use of the Services (or any portion thereof).
4. PROHIBITED ACTIVITIES
You may only use the Services for their intended purpose. The Services may not be used for commercial activities not expressly approved by Cidone Investments Limited.
You agree not to:
Collect data or content systematically to create or compile a database without our written consent;
Mislead or defraud us or other users, especially to gain sensitive account details;
Circumvent or interfere with security-related features;
Disparage or harm Cidone Investments Limited or the Services;
Harass, abuse, or harm others using information from the Services;
Misuse support services or submit false abuse reports;
Use the Services in ways that violate applicable laws;
Frame or link to the Services without permission;
Upload or transmit viruses, spam, or disruptive material;
Engage in automated use of the Services (e.g., bots, scrapers);
Remove copyright or proprietary notices;
Impersonate others or use false identities;
Upload spyware or passive data collection mechanisms;
Overburden, interfere with, or disrupt the Services or connected networks;
Harass or intimidate our staff;
Bypass measures to restrict access;
Copy or reverse-engineer software from the Services;
Use automated systems (bots, scrapers, spiders) not permitted under these Terms;
Use a buying/purchasing agent to make purchases;
Harvest user data for spam or create fake accounts;
Use the Services to compete with or commercially exploit them without our authorization.
5. USER GENERATED CONTRIBUTIONS
At this time, the Services do not offer a public posting feature. However, we may occasionally offer you opportunities to submit content directly to us (e.g., via forms, messages, or campaigns). These submissions may include text, audio, visuals, or other materials (“Contributions”).
When you submit Contributions, you agree that:
They do not violate any laws or third-party rights;
You own the content or have appropriate rights to submit it;
You are solely responsible for the Contributions;
You waive any moral rights to the extent permitted by law.
You agree not to hold Cidone Investments Limited responsible for any third-party claims relating to your Contributions.
6. CONTRIBUTION LICENSE
By submitting any feedback or content, you grant Cidone Investments Limited the right to access, store, and use that information in accordance with your privacy preferences and applicable laws.
You retain ownership of your Contributions and related rights. However, you agree that we may use feedback for any purpose, including commercial uses, without compensation or acknowledgment.
We do not claim ownership of your Contributions and are not liable for user-generated content shared through the Services. You agree not to bring legal claims against us relating to such content.
7. SERVICES MANAGEMENT
We reserve the right, but are not obligated, to:
Monitor the Services for violations of these Legal Terms;
Take legal action against users who break the law or breach these Terms, including notifying authorities;
Restrict or disable any Contributions or parts of the Services, at our discretion;
Remove content or files that are large or burdensome to our systems;
Manage the Services in a way that protects our rights, systems, and user experience.
8. TERM AND TERMINATION
These Legal Terms shall remain in effect while you use the Services.
Cidone Investments Limited reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Services (including blocking specific IP addresses) to any person for any reason, including but not limited to any breach of these Legal Terms or applicable laws or regulations. We may suspend or terminate your use of the Services, delete your account, and remove any content or information you submitted at any time without warning.
If your account is terminated or suspended, you are prohibited from creating a new account using your name, a pseudonym, or the identity of another person or entity, even if you are acting on their behalf. We also reserve the right to pursue legal action, including civil or criminal remedies, where appropriate.
9. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, update, or remove portions of the Services at any time, for any reason, and at our sole discretion, without prior notice. This includes changes to pricing, features, and availability.
We do not guarantee uninterrupted access to the Services. There may be occasional downtime due to maintenance, updates, technical issues, or unforeseen circumstances. You agree that Cidone Investments Limited shall not be held liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during such interruptions.
Nothing in these Legal Terms obligates us to maintain or support the Services, or to provide future updates, patches, or releases.
10. GOVERNING LAW
These Legal Terms shall be governed by and construed in accordance with the laws of Kenya. Both you and Cidone Investments Limited consent to the exclusive jurisdiction of the courts located in Nairobi, Kenya, for the resolution of any disputes arising under or related to these Legal Terms.
11. DISPUTE RESOLUTION
Informal Negotiations
To resolve disputes quickly and efficiently, both parties agree to first attempt informal negotiations for thirty (30) days before initiating formal proceedings. Informal negotiations begin when one party provides written notice to the other.
Binding Arbitration
If the dispute cannot be resolved informally, it shall be submitted to final and binding arbitration under the rules of the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels, Belgium).
Number of arbitrators: One (1)
Seat of arbitration: Brussels, Belgium
Language of arbitration: English
Governing law: Substantive laws of Kenya
Restrictions
Both parties agree:
Arbitration will be limited to disputes between the parties individually;
Class actions and group arbitrations are not permitted;
No claims may be brought in a representative capacity on behalf of others or the general public.
Exceptions
The following disputes are not subject to informal negotiation or arbitration:
Disputes involving intellectual property rights;
Allegations of theft, piracy, or unauthorized use;
Claims for injunctive or equitable relief.
If any part of this arbitration clause is found to be unenforceable, that portion will be severed and the remaining clause enforced. Disputes excluded from arbitration shall be resolved in the courts of Nairobi, Kenya.
12. CORRECTIONS
The Services may contain typographical errors, inaccuracies, or omissions related to descriptions, pricing, availability, or other information. Cidone Investments Limited reserves the right to correct any such errors, inaccuracies, or omissions and to update or change information on the Services at any time without prior notice.
13. DISCLAIMER
The Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services is at your sole risk. To the fullest extent permitted by law, Cidone Investments Limited disclaims all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services. We assume no liability or responsibility for any:
Errors, inaccuracies, or omissions in content or materials;
Personal injury or property damage resulting from your use of the Services;
Unauthorized access to or use of our servers or any stored personal or financial information;
Interruption or cessation of transmission to or from the Services;
Bugs, viruses, trojan horses, or other malicious code transmitted through the Services by any third party;
Loss or damage incurred as a result of the use of content posted, transmitted, or made available via the Services.
We do not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party via the Services, linked websites, or any banner or advertisement. Use your best judgment and exercise caution when transacting with third-party providers.
14. LIMITATIONS OF LIABILITY
In no event shall Cidone Investments Limited, or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever shall always be limited to the lesser of:
The amount paid, if any, by you to us; or
The maximum extent permitted by applicable law.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Cidone Investments Limited, its subsidiaries, affiliates, officers, agents, partners, and employees from and against any claims, losses, damages, liabilities, or expenses (including attorneys’ fees) arising out of or related to:
Your use of the Services;
Your breach of these Legal Terms;
Any misrepresentation or breach of warranties made by you;
Your violation of the rights of any third party, including intellectual property rights;
Any harmful act directed toward another user of the Services.
We reserve the right, at your expense, to assume the exclusive defense of any matter for which you are required to indemnify us. You agree to cooperate, at your own expense, with our defense of such claims. We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. USER DATA
We may maintain certain data that you transmit to the Services for the purpose of operating the Services, as well as data related to your usage. Although we regularly back up data, you are solely responsible for any data you transmit and any activity tied to your use of the Services.
You agree that Cidone Investments Limited shall not be liable for any loss or corruption of such data, and you hereby waive any right to action against us for such incidents.
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, sending us emails, or completing online forms, you agree to receive electronic communications. You consent that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement for written communication.
You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records initiated or completed via the Services. You waive any rights or requirements under any applicable law that require original signatures or non-electronic delivery or retention of records.
18. MISCELLANEOUS
These Legal Terms, along with any related policies or notices posted on the Services, constitute the entire agreement between you and Cidone Investments Limited. Our failure to enforce any provision shall not be deemed a waiver of that provision.
We may assign our rights and obligations to others at any time. We shall not be liable for any delay or failure to perform due to causes beyond our control. If any provision of these Legal Terms is found to be unlawful or unenforceable, that provision shall be deemed severable and will not affect the validity of the remaining provisions.
No joint venture, partnership, employment, or agency relationship exists between you and us. These Legal Terms shall not be interpreted against the drafting party. You waive any defenses based on the electronic nature of these Legal Terms and the absence of a signed physical copy.
19. CONTACT US
To resolve a complaint regarding the Services or for questions about these Legal Terms, please contact us at:
Email: hello@jotunkasarani.com
Phone: (+254) 727 296380
Address:
Cidone Investments Limited
Mwiki Street, Nairobi, Kenya
Nairobi County 00100
Kenya
