Terms of Service

SECTION 1 – ACCEPTANCE

This website is operated and maintained by Estate Cloud. Throughout the site, the terms “we”, “us” and “our” refer to Estate Cloud. Estate Cloud offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, viewing and giving feedback, uploading, downloading and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, agents and brokers, customers, advertisers, and/ or contributors of content.

By using this Site, you accept, without limitation or qualification, these Terms of Service. If you do NOT agree to these Terms of Use, please do NOT use this Site. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 2 – GENERAL CONDITIONS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or country of residence, or that you are the age of majority in your state or country of residence.

The Website may be used only by individuals (natural persons) who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the Website if you do not accept and agree to these Website Terms of Use, if you have breached these Website Terms of Use or if your permission to use the Website has been suspended or terminated by Estate Cloud.

We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of our Services to you.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

While Estate Cloud strives to ensure that the information contained in this website is accurate and reliable, we makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors in the content of this Site.

The material on this site is provided for general information only and should not be construed to imply professional advice unless expressly stated. Therefore, any reliance on the material on this site is at the user’s risk.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE

 

Estate Cloud will periodically revise the information, services and resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to users or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

 

We have made every effort to display as accurately as possible the colours and images of our products and services on the website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

 

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

Where applicable, you agree to provide current, complete and accurate information for all transactions made at or on our website. In case of a purchase, you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Where applicable, we reserve the right to refuse or limit any order you place with us. We reserve the right to limit or prohibit orders that, in our sole judgment, do not comply with our Terms of Service or our Privacy Policy.

 

SECTION 7 – OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

 

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example content entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We endeavour to, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 – PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

 

SECTION 11 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local or international regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious files or code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, or other websites (g) to collect or track the personal information of others; (h) to index, crawl, catalogue, mirror, frame, scrape, cache, or otherwise collect or mine data from the Website for any purpose whatsoever, using any technologies, tools or methods (including robots, spiders, crawlers, or other automatic devices, programs or methodologies) whatsoever; (i) license, sublicense, grant, sell, resell, lend, rent, lease, loan, transfer, assign, pledge, imitate, transmit, distribute, create any interest in, commercially exploit, or otherwise give or make available or permit access or use of the Website to or for the benefit of any other persons, with or without charge; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. ESTATE CLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESTATE CLOUD DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEBSITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEBSITE OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE.

 

IN NO CASE SHALL ESTATE CLOUD, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

SECTION 13 – INDEMNIFICATION

 

You agree to defend, indemnify and hold Estate Cloud harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from and related to your use of the Site.

 

SECTION 14 – INTELLECTUAL PROPERTY

 

Copyrights


Except for personal use, all material (graphics, images, text, video and other media, data, pdfs, templates) contained in this website, is the exclusive property of Estate Cloud. It may not be copied, distributed, displayed, reproduced, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of Estate Cloud.

 

Trademarks


This website features logos, brand identities and other trademarks and service marks (collectively, the “Marks”) that are the property of, or are licensed to Estate Cloud. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this site without prior written permission of Estate Cloud or any such third party that may own a Mark displayed on the site.

Unless under a binding agreement stated in writing, only Estate Cloud may use its trademarks in sales, advertising, and promotional materials.

 

SECTION 15 – FORWARD-LOOKING STATEMENTS

 

This website may contain statements, estimates or projections that constitute forward-looking statements. Any such forward looking statements are inherently speculative and are based on currently available information, operating plans and projections about future events and trends. As such, they are subject to numerous risks and uncertainties. As a result, actual performance may differ materially from projections and estimates expressed in the forward-looking statements because of many variables, including but not limited to, variations in economic and business conditions. Estate Cloud undertakes no obligation to publicly update or revise any forward-looking statements.

 

SECTION 16 – JURISDICTION

 

Estate Cloud operates this website from its head offices in Nairobi, Kenya. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Kenya and any applicable international laws. By using this site, you consent to the jurisdiction of the courts located in Kenya for any action arising from these Terms of Service. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service may be sent to us at info@estatecloud.co.ke.