Terms Of Use

Terms of Use

Last Updated: 27th March 2024

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

These Terms of Use (“Terms”) govern your access to and use of the websites operated by Palahala Media Group, including www.palahalamedia.com, www.techweez.com, www.palahala.africa, as well as any other online products or services offered by Palahala Media Group (collectively, the “Services”). These Terms do not replace or alter any other agreement you may have with Palahala Media Group regarding its products or services. By accessing or using the Services, you represent that you have read, understood, and agree to comply with these Terms. If you are using the Services on behalf of an entity, you represent that you have the authority to bind such entity to these Terms, and in such case, “you” and “your” will refer to that entity.

Palahala Media Group reserves the right to modify or update these Terms, or any policy or guideline related to the Services, at any time and at its sole discretion. If we make changes to these Terms, we will notify you through the Services, by email, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services after such changes indicates your acceptance of the updated Terms. Therefore, we encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the amended terms, you must discontinue your use of the Services.

If you have any questions about these Terms or the Services, please contact Palahala Media Group at [email protected].

1. PRIVACY POLICY

Please refer to our Privacy Policy for information about how Palahala Media Group collects, uses and discloses information from our users.

• ELIGIBILITY

You must be at least 18 years of age to access or use our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

• USER ACCOUNTS AND ACCOUNT SECURITY

If you sign up for Premium services, you may register for an account to access our Services. When you register for an account, you must provide accurate information and promptly update this information if it changes. Failure to do so may result in your inability to use our Services. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

• PAYMENT

We offer Premium memberships on a subscription basis (“Memberships”) for the recurring fees (“Fee”) and period of time (“Membership Period”) disclosed to you when you subscribe to a Membership on our websites.

When you subscribe to a Membership, you expressly acknowledge and agree that Palahala Media Group (or our third-party payment processor) is authorized to charge you the Fee on a recurring basis at the start of each Membership Period. For example, if you sign up for a monthly Membership on May 1, you will be charged the Fee on the first day of every month. You acknowledge, understand, and agree that your Membership is continuous until you cancel it.

Cancellation: You may cancel your Membership at any time on your profile page or by emailing us at [email protected]. The cancellation will apply to the following Membership Period, and your Membership and access to any associated services will continue until the start of the following Membership Period. You will not receive a refund for the current month, nor will fees be prorated. For example, if you have a monthly Membership that renews on the first of each month and you cancel on May 15, your cancellation will become effective June 1. Until June 1, you will retain your access to the services. You will not receive a refund or proration for the remainder of the month.

If the price of your Membership changes, Palahala Media Group will notify you at least ten (10) days in advance of the next billing date. If you do not want to pay the new Membership Fee, you must cancel your Membership in accordance with these Terms.

• COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Palahala Media Group logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Palahala Media Group Materials”) are the proprietary property of Palahala Media Group or our licensors or users and are protected by Kenyan and international copyright laws.

You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Palahala Media Group Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Palahala Media Group Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Palahala Media Group Materials; (d) modifying or otherwise making any derivative uses of the Services and the Palahala Media Group Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Palahala Media Group Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Palahala Media Group Materials other than for their intended purposes. Any use of the Services or the Palahala Media Group Materials other than as specifically authorized herein, without the prior written permission of Palahala Media Group, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

• REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Palahala Media Group has adopted a policy of terminating, in appropriate circumstances and in Palahala Media Group’ sole discretion, subscribers who are deemed to be repeat infringers. Palahala Media Group may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.

• COPYRIGHT COMPLAINTS

If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our team as set forth below.

Phone: +254 781 66 77 88

Email: [email protected]

Postal Address: 12210 – 00100 Nairobi, Kenya

• TRADEMARKS

“Techweez,” “Palahala Media Group,” the Palahala Media Group logos, and any other Palahala Media Group’ product or service name or slogan contained on the Services are trademarks of Palahala Media Group, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Palahala Media Group or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Palahala Media Group”, “Techweez”, or any other name, trademark or product or service name of Palahala Media Group without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Palahala Media Group and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

• HYPERLINKS

You are granted a limited, non-exclusive right to create a text hyperlink to the Services for non-commercial purposes, provided such link does not portray Palahala Media Group or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Palahala Media Group logo or other proprietary graphic of Palahala Media Group to link to the Services without the express written permission of Palahala Media Group. Further, you may not use, frame or utilize framing techniques to enclose any Palahala Media Group trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Palahala Media Group’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Palahala Media Group or any third party.

Palahala Media Group makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to the Services. Such sites are not under the control of Palahala Media Group and Palahala Media Group is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Palahala Media Group and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Palahala Media Group of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

1. THIRD PARTY CONSENT

Palahala Media Group may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Palahala Media Group does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Palahala Media Group is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content at their own risk.

1. ADVERTISMENTS AND PROMOTIONS; THIRD PARTY PRODUCTS AND SERVICES

Palahala Media Group may run advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Palahala Media Group is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Palahala Media Group advertisements or other third-party information on the Services.

1. USER CONTENT AND CONDUCT

The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:

We collect the following categories of personal information as described in the “Collection of Information” section above:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including without limitation the competition rules rules regarding endorsements;
• User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Identification numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; and
• User Content that, in the sole judgment of Palahala Media Group, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Palahala Media Group or our users to any harm or liability of any type.
• You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:
• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
• Send any unsolicited commercial messages;
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
• Circumvent or attempt to circumvent any filtering, security measures or other features.

Palahala Media Group takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Palahala Media Group liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at Palahala Media Group’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.  Although Palahala Media Group has no obligation to screen, edit or monitor User Content, Palahala Media Group reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services.

Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of a Palahala Media Group promotion), Palahala Media Group claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Palahala Media Group a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Palahala Media Group at the time you post or submit such content.

You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.

1. SUBMISSIONS

Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Palahala Media Group, the Services or third-party products and services (collectively, “Submissions”). Submissions, whether posted to the Services, Palahala Media Group social media sites or provided to Palahala Media Group by email or otherwise, are non-confidential and shall become the sole property of Palahala Media Group. Palahala Media Group shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

1. IDEMNIFICATION

You agree to defend, indemnify and hold harmless Palahala Media Group, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.

1. DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PALAHALA MEDIA GROUP, THE SERVICES AND PALAHALA MEDIA GROUP MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PALAHALA MEDIA GROUP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. PALAHALA MEDIA GROUP DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR PALAHALA MEDIA GROUP MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE PALAHALA MEDIA GROUP ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, PALAHALA MEDIA GROUP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

WITHOUT LIMITING THE FOREGOING, PALAHALA MEDIA GROUP DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.

1. LIMITATION OF LIABILITY

IN NO EVENT SHALL PALAHALA MEDIA GROUP, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE PALAHALA MEDIA GROUP MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PALAHALA MEDIA GROUP’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PALAHALA MEDIA GROUP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PALAHALA MEDIA GROUP FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

1. MODIFICATIONS TO THE SERVICES

Palahala Media Group reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Palahala Media Group will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.

1. DISPUTE RESOLUTION; BINDING ARBITRATION

In the event of any dispute or difference which shall arise either during the term of this Agreement or afterwards it shall be referred to a single arbitrator agreed upon by the parties or failing agreement, upon the application of either party by an arbitrator appointed by the Chairman of the Chartered Institute of Arbitrators, Kenya Branch. Such arbitration shall be in accordance with the Arbitration Act 1995 or any statutory modification or re-enactment thereof for the time being in force.

1. GOVERNING LAW AND VENUE

The construction, validity and performance of these terms of use shall be governed in all respects by Kenyan law.

• TERMINATION

Palahala Media Group reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.

• DISPUTE RESOLUTION; BINDING ARBITRATION

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.