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General

1. iMail Kenya is an intermediary host provider of an interactive, online logistics platform dedicated to facilitating a first class, innovative and efficient local and International logistics service relating to consignments whereupon customers can inter alia arrange for the collection, drop off, transportation and delivery of packages by iMail Kenya via the iMail Kenya Network by way of the iMail Kenya Services. A registered customer can:

      • receive iMail Kenya Quotes in an instant;
      • get available useful information on the Site relating to the iMail Kenya Services and more;
      • earn iMail Kenya Discounts;
      • access and use the iMail Kenya Discussion Forum;
      • access iMail Kenya Account to find out the status of all Consignments in real time;
      • benefit from use of the iMail Kenya Tools;
      • access and use iMail Kenya Live Help;
      • edit iMail Kenya Account and Registration Information;
      • apply for an iMail Kenya Credit Account;
      • store credit card details for future purchases;
      • store regular Valid Addresses relating to Delivery Points and Collection Points;
      • access and search Historical Consignment Information; and,
      • print or re-print iMail Kenya Documentation where available.

2. An unregistered Customer can:

      • receive iMail Kenya Quotes in an instant;
      • avail of one or more of the iMail Kenya Services;
      • avail of one or more of the iMail Kenya Optional Services;
      • avail of available useful information on the Site relating to the iMail Kenya Services and more;
      • benefit from use of the iMail Kenya Tools;
      • use the iMail Kenya Tracking Service; and,
      • access and use iMail Kenya Live Help.

3. The Interactive Services may include, but are not limited to, the provision of an online platform from where the Interactive Services and information about the Interactive Services can be accessed.

4. You should read the agreement carefully and ensure that you understand the effect before proceeding to use the site and/or the interactive services. If you disagree with any part of these service terms, do not use the site for the purpose of the interactive services. If you violate the licence granted to you by way of this agreement, iMail Kenya may terminate your use of the site, bar you from future use of the site and/or take appropriate legal action against you.

5. iMail Kenya reserves the right to change these Service Terms at any time without notice, effective immediately upon posting on the Site. Please check this page of the Site periodically. You agree that iMail Kenya will treat Your use of the Site and/or the Interactive Services as acceptance of the terms of the Agreement including Your continued use subsequent to any changes being posted on the Site. Unless expressly agreed in writing by a director of iMail Kenya, no employee, agent or Sub-Contractor of iMail Kenya is authorised to alter or vary this Agreement.

6. Words denoting an obligation on a User to do any act, matter or thing includes an obligation to procure that it be done and words placing a User under an obligation or a restriction include an obligation not to permit or allow infringement of the obligation or restriction.

7. It is Your responsibility to ensure that any limitations of liability and any other conditions that apply to this Agreement are fully understood before You place Your Order for submitting a Consignment by iMail Kenya. If You are not satisfied with iMail Kenya’s limits of liability under this Agreement, You can purchase Cover via iMail Kenya, or make Your own enhanced cover arrangements in such sums and against such risks as You deem appropriate.

8. iMail Kenya may at its sole discretion, transport a Consignment by such means of transport and route as decided appropriate by iMail Kenya.

9. For any Consignment accepted for international carriage by road, air or sea, the Convention Rules (as defined) governs, and in most cases limits, the liability of iMail Kenya in respect of loss, damage or delay. Provided that these Service Terms do not conflict with the Convention Rules in respect of international carriage by road, air or sea, these Service Terms strictly apply to the purchase and provision of the iMail Kenya Services.

10. For any Consignment accepted for international carriage by sea and where the services of a third party shipping company or international transport operator are used (‘Third Party Carrier’), where applicable, You expressly appoint iMail Kenya to be Your attorney on Your behalf to execute documents, use Your name and do all things which are necessary or desirable for iMail Kenya to obtain for itself or its nominee within the iMail Kenya Network, the full benefit of this Clause (the ‘Contract’). You agree that the carriage may be subject to the trading conditions of the Third Party Carrier with whom the Contract is entered into by iMail Kenya on Your behalf. You expressly agree that iMail Kenya shall be relieved of any liability for all Losses in respect to the loss, damage or delay to a Consignment where such is the result of any event that is beyond the control of iMail Kenya attributable to such Third Party Carrier. iMail Kenya, may, in any way it thinks fit and in the name and on behalf of Customer:

      • take any action that the Contract requires Customer to take;
      • exercise any rights which this Contract gives to Customer; and
      • appoint and remove one or more substitute attorneys with full power as Customer's attorney on terms that the attorney thinks fit.



IP LICENCES

1. When using the Interactive Services, if You publish any UGC via the Site by way of iMail Kenya Member Profiles including links, text or images, You automatically grant to iMail Kenya, a worldwide, non-exclusive, royalty-free, perpetual, transferable licence (with right to sub-license) to use, record, publish, distribute, prepare derivative works of, display and perform all that UGC, or any part of it, and the Intellectual Property Rights therein, in connection with the provision of the Interactive Services, including without limitation the promotion and redistribution of all or part of Your UCG (and derivative works thereof) in any media formats and through any media channels and throughout the iMail Kenya Network. You also grant any other iMail Kenya Member with whom You share UGC via the Site e.g. via the iMail Kenya Discussion Forum, a worldwide, non-exclusive, royalty-free license to access Your UGC through the Interactive Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such UGC to the extent permitted by the functionality of the Interactive Services and under the terms of this Agreement. (‘IP Licences’).

2. Unless terminated (or suspended) for reasons such as those set out in this Agreement or unless iMail Kenya is no longer providing the Interactive Services to You, the above IP Licences granted by You terminates when Your UGC is deleted off the Site by way of Your iMail Kenya Account being terminated. You can freely amend or delete UGC from the Site. You must Contact Us In Writing to request termination of Your iMail Kenya Account.

3. You understand and acknowledge that You have no ownership rights in Your iMail Kenya Account and that if You cancel Your iMail Kenya Account or Your iMail Kenya Account is terminated, all Your information including but not limited to Your Historical Consignment Information and Your iMail Kenya Member Profile will be deleted from Your iMail Kenya Account and will be further deleted from any iMail Kenya archives in accordance with our data retention and destruction policies. You acknowledge that UGC may continue to be retained by the iMail Kenya Network in accordance with the privacy policies of e.g. Sub-Contractors and may also be retained as part of the content on the iMail Kenya Discussion Forums.

4. You acknowledge that email messages sent over the internet are not encrypted and are not secure. Despite efforts to protect Your Personal Data, We cannot ensure or warrant the security of any Data You transmit to us, via, to, or from our Site. iMail Kenya does not guarantee any confidentiality with respect to UGC and You understand and agree that You are solely responsible for Your own UGC and the consequences of posting or publishing it.

5. iMail Kenya does not claim ownership of the UGC You submit or make reference to on the Site. You retain all of Your ownership rights in Your UGC but You grant the limited IP Licences



PARTIES AND SUB-CONTRACTING

1. By using any of the Interactive Services and the Site, You expressly agree to be bound by this Agreement to the extent it is applicable and all applicable laws and regulations governing the Site and the Interactive Services.

2. The Agreement forms a legally binding agreement between You and iMail Kenya in relation to Your use of the Site and/ or the Interactive Services and applies to all Users of the Site and the Interactive Services as applicable who may also be contributors of UGC posted on the Site.

3. iMail Kenya may at its sole discretion, sub-contract all or any part of the iMail Kenya Services to a Sub- Contractor. iMail Kenya contracts on behalf of itself and the iMail Kenya Network, all of whom shall be entitled to the benefit of these terms and who shall have no liability to Customer greater than, or in addition to that of iMail Kenya.

4. You warrant that You are either the owner of the Consignment or You are authorised by such owner to accept this Agreement on such owner's behalf in respect of the Consignment and every constituent part thereof including the Items.

5. You must be 18 years of age or older to visit or use the Site in any manner, and, if under the age of 18 or the age of majority as is defined in Your jurisdiction, You must use the Site under the supervision of a parent, legal guardian, or other responsible adult.

6. iMail Kenya is not a common carrier and accepts Consignments for carriage subject only to this Agreement and at its sole discretion.

7. At any time, a member of the iMail Kenya Network who is tasked with collecting, transporting and/or delivering a Consignment may refuse a collection or delivery if such is, or would be in breach of, the terms of this Agreement.



REGISTERING FOR AN ACCOUNT

1. iMail Kenya Membership provides iMail Kenya Members with iMail Kenya Discounts for themselves and their dependents only i.e. iMail Kenya Members must not place Orders for non-registered Customers. iMail Kenya reserves the right to change any term pertaining to iMail Kenya Membership at any time upon posting on the Site.

2. You may not transfer ownership or sell Your iMail Kenya Account, iMail Kenya Membership or iMail Kenya Credit to a third party.

3. Registering for iMail Kenya Membership and an iMail Kenya Account is FREE and optional for Customers. If You choose not to register for an iMail Kenya Account, You may still use the iMail Kenya Services but You will not benefit from certain features and functionality made available to registered iMail Kenya Members.

4. To avail fully of the Site and the Interactive Services, You are required to fill out certain Registration Information online via an iMail Kenya Registration Form. The Personal Data that You provide must be true, accurate and complete at all times.

5. In order to provide You with maximum protection, You will be asked to input Your username (which shall be Your email You wish to be contacted on) and to choose a password to create Your iMail Kenya Login in order to access Your iMail Kenya Account on the Site.

6. You will keep Your iMail Kenya Login relevant to the Site and the Interactive Services confidential and not reveal it to anyone else. You are responsible for all activities that are carried out under Your iMail Kenya Login. We do not have the means to check the identities of people or businesses using the Site and will not be liable where Your iMail Kenya Login is unlawfully used by another. You agree to notify iMail Kenya immediately by Contacting Us In Writing of any unauthorised use of Your iMail Kenya Login or Your iMail Kenya Account of which You become aware (with ‘IMPORTANT’ in the subject line). You will not create additional accounts for the purpose of abusing the functionality of the Site or other registered iMail Kenya Members or for any other reason in breach of this Agreement.

7. As part of the verification process for registration, You will receive welcome email with a link in it which requires You to click on it to verify Your email address. This helps us to reduce spam. Once verified successfully, on becoming an iMail Kenya Member, You are ready and authorised to start using the Interactive Services and availing of iMail Kenya Membership benefits!

8. You can cancel Your relationship with iMail Kenya at any time. You can do this by requesting iMail Kenya to deactivate Your iMail Kenya Account and terminate Your iMail Kenya Membership by sending an email request to support@parcelcompare.com with ‘URGENT – CANCELLATION REQUEST’ in the subject line. This process will take up to five (5) Working Days to complete.

9. iMail Kenya Members who do not comply with this Agreement may be subject to review, which can result in suspension of iMail Kenya Membership privileges and/or termination. This includes all iMail Kenya Memberships by virtue of association. iMail Kenya reserves the right to suspend the use of the Site for an iMail Kenya Member pending the outcome of an investigation relating to a Complaint or a breach of this Agreement.



QUOTE AND ORDER PROCESS.

1. You may obtain an iMail Kenya Quote from the Site which shall remain valid for approximately one (1) day only as market prices can be volatile and can change on a regular basis to be competitive.

2. You may accept an iMail Kenya Quote and place an Order online via the Site.

3. Throughout the purchase process, You will have the option to add iMail Kenya Optional Services which may incur Surcharges to Your Base Order Price

4. Upon submitting and confirming Your Order, You will be asked to submit payment details to settle the Order Price in advance and to expressly accept the terms of our Agreement. You will be provided with a confirmation screen on the Site in order for You to check all details and amounts pertaining to the Order Price before committing to the Order. Payment can be made by mobile money, credit card or PayPal.

5. We shall acknowledge receipt of Your Order by sending You Your Order Acknowledgement and Consignment Receipt by email.

6. You must complete the Order by:

      • ensuring that the Package is Correctly Packaged and addressed to a Valid Address;
      • ensuring that the Package complies with the Labelling and Packaging Criteria;
      • ensuring it is available for collection at the Collection Point in accordance with the booking details.

7. We are not able to supply You with the iMail Kenya Services unless You have complied with the Order Requirements

8. You will only be authorised to make changes to an Order as may be (or may not be) permitted by the relevant iMail Kenya Service.



ITEMS, LABELLING AND PACKAGING CRITERIA

1. Packaging: All Packages must be Correctly Packaged (including exterior and interior packaging materials) and have a Label attached in accordance with Our Labelling and Packaging Criteria and all Packages must comply with the laws and regulations of each country through which the Items may be carried which shall be Customer’s sole responsibility. If iMail Kenya considers that the Items are not Correctly Packaged for carriage, iMail Kenya may either refuse to accept the Consignment, or suspend carriage at any time with no liability to You.

2. Size & Weight: Our Charges in respect of a Package is worked out by measuring the physical or volumetric weight of a Package, whichever is the greater. Volumetric weight is calculated using a divisor of 6000, more information can be found here volumetric weight information. The dimensions of a Package are taken as per the largest possible dimension. If a Package is bulging or has a part that sticks out, then the dimensions will be calculated according to the maximum footprint of the Package.

3. iMail Kenya will procure that the Package is audited for size and weight upon collection using calibrating weighing and scanning equipment and in the event that the audit reveals a discrepancy, Additional Surcharges will apply. iMail Kenya will be entitled to charge You immediately for such discrepancy and You authorise iMail Kenya to invoice You and debit these Additional Surcharges directly from Your iMail Kenya Credit in Your iMail Kenya Account, the credit card or PayPal account used to make the original payment or where applicable, it shall be applied to Your iMail Kenya Credit Account as owing, or if You do not have an iMail Kenya Account or there is no iMail Kenya Credit in Your iMail Kenya Account, from the card or PayPal account used to pay for the Consignment. If the whole amount owed cannot be paid for whatever reason by these means, the amount outstanding shall be payable within seven (7) days

4. If You dispute the audit results, You can appeal by providing the necessary proof deemed acceptable by iMail Kenya which constitutes a photograph of the Package, with a visually clear tape measure showing the dimensions and the original clearly identifiable Label on the Package.

5. Label: The Customer shall ensure that each Package or Palletised Item is labelled with the Valid Address (and telephone number) of the Delivery Point

6. Pallets: Pallets must be palletized, stackable, and able to be lifted by a forklift and shrink- wrapped or banded to a pallet. Unstackable pallets should be notified to iMail Kenya in advance of shipping and may incur Additional Surcharges which will be quoted prior to shipping.

7. Perishable Items: Perishable and temperature controlled goods will be transported at Customer’s own risk. iMail Kenya does not provide special handling for such Consignments and in the event that loss, damage or deterioration of one or more Items ensues, You acknowledge that iMail Kenya shall not be liable to You for any Losses suffered by You howsoever caused. You also acknowledge that certain Perishable Items are not permitted for transportation. You should therefore check with iMail Kenya prior to shipping. Some countries do not allow the importation of Perishable Items without a permit which You are obliged to ensure is in place prior to shipping.

8. Prohibited Items: iMail Kenya does not accept Prohibited Items for carriage and such are deemed to be Undeliverable Consignments. Examples include passports and cash.

9. Excluded Items: Some Excluded Items may be carried by iMail Kenya but are carried at Customer’s sole risk. You acknowledge that due to the fragility or otherwise of Excluded Items, iMail Kenya cannot make any guarantees that damage will not occur during carriage and consequently, iMail Kenya will not incur any liability to You if You choose to use the iMail Kenya Services in respect of Excluded Items except in exceptional circumstances where iMail Kenya are satisfied, at their discretion, to cover You for such Excluded Items which shall be decided on a case by case basis by You making a special request to iMail Kenya by Contacting Us In Writing, with a complete description and quantities of the Items You wish to ship along with a description and images of the Packaging that You have used to protect Your Item(‘Excluded Item Exception’). If You nevertheless engage iMail Kenya to render iMail Kenya Services in respect of Excluded Items (where iMail Kenya has not granted You an Excluded Item Exception), You do so entirely at Your own risk and You are advised to arrange appropriate enhanced cover independently of iMail Kenya. Excluded Items MUST BE professionally packaged to prevent You from incurring any losses in respect to damage. If You require any further advice or clarification on this, please Contact Us.

10. Subject to the Excluded Item Exception, should iMail Kenya receive from any Customer (knowingly or unknowingly) Items for carriage which are Prohibited Items or Excluded Items, Customer shall have no Claim whatsoever under or pursuant to this Agreement in respect of the carriage of those Prohibited Items or Excluded Items and shall fully indemnify iMail Kenya in respect of all Losses however caused, arising out of the carriage of those Prohibited Items or Excluded Items.

11. Customer may be liable to prosecution if shipping Prohibited Items via the iMail Kenya Network. iMail Kenya may deal with the Consignment of Prohibited Items in its sole and absolute discretion (without incurring any liability whatsoever to Customer, Consignor or Consignee) including destroying or otherwise disposing of such Consignment in whole or in part or returning the Consignment to Customer, and shall be entitled to charge Customer for the cost of disposal and all other costs reasonably incurred if it so chooses to return the Consignment or any part of it.

12. Consignments that breach addressing, inspection and documentation will be returned (unless collection is requested) to Consignor and Customer will not be entitled to any refund for Charges paid or any Claim.

13. Save for in the case of dangerous goods, where iMail Kenya has suspended the iMail Kenya Services due to a breach of addressing, inspection and documentation and Consignor has not collected the Consignment nor provided instructions within twenty-eight (28) days of being notified, iMail Kenya reserves the right to sell or dispose of the Items as We see fit with no liability to any party and shall be entitled to charge Customer for the cost of disposal and all other costs reasonably incurred if it so chooses to return the Consignment or any part of it.



ADDRESSING, INSPECTION AND DOCUMENTATION

1. Addressing: Customer shall write the full delivery address, including the postcode (or local equivalent) and telephone numbers of both the Consignee and the Customer on each Package and each Consignment must be accompanied with the relevant iMail Kenya Documentation for the iMail Kenya Service used. Under no circumstances will iMail Kenya be liable in respect of any Losses incurred by Customer in respect of an address that does not constitute a Valid Address in respect of the Collection Point and Delivery Point.

2. Inspection: iMail Kenya reserves the right, but is not obliged to open and inspect, scan or X-ray any Consignment for reasons of safety and security. In accordance with applicable regulations in various jurisdictions, iMail Kenya may be required to undertake X-ray screening of Consignments and iMail Kenya shall have no liability in respect of any Losses incurred in this respect.

3. iMail Kenya Documentation: Customer is solely responsible for the accuracy and completeness of the relevant iMail Kenya Documentation including the accuracy of Item descriptions and other Order- specific information such as selecting the correct and intended iMail Kenya Service either online. If an iMail Kenya Service is not clearly selected, the default iMail Kenya Service is the Express Delivery (where available) and all applicable Charges will be calculated and charged accordingly. iMail Kenya assumes no responsibility for its inability to complete a delivery due to incorrect or missing iMail Kenya Documentation, whether or not it attempts to notify the Consignee or Customer. Whether freely submitted by You or sourced by us, iMail Kenya shall be entitled to charge an Additional Surcharge for obtaining corrective or complete information.

4. Customer shall retain all iMail Kenya Documentation as these will be required to support any Claim under Clause 18.

5. If required, iMail Kenya will sign a document acknowledging receipt of a Consignment upon collection from Consignor at the Collection Point but no such document shall be taken as confirmation by iMail Kenya as to any Labelling and Packaging Criteria having been satisfactorily met at the time iMail Kenya receives it.



DOCUMENTATION CONTINUED AND CUSTOMS CLEARANCE

1. iMail Kenya shall not be liable to You in respect of a Consignment which is delayed as a result of it being accompanied by incomplete iMail Kenya Documentation including customs documentation.

2. In respect of international carriage, Customer acknowledges that failure to provide correct information needed by overseas customs (where applicable) may result in customs clearance delays, for which iMail Kenya shall bear no responsibility. Customer acknowledges the right of international customs authorities to inspect Packages and documentation and for customs to open any Package for examination and iMail Kenya shall incur no liability of any kind as a result. Customer authorises iMail Kenya to complete any necessary documentation for the purpose of customs clearance either in the Kenya or abroad in accordance with the right of attorney granted in Clause 2.11.

3. If a Customer or Consignee refuses to pay any Charges relating to customs and duties and taxes (and any Additional Surcharges levied by iMail Kenya in respect thereof) due in respect of a Consignment and as a result, it or a part of it is not delivered, iMail Kenya shall not incur any liability and the Undeliverable Consignment (or relevant part) will only be returned to Customer if those Charges plus return carriage charges are paid by Customer. iMail Kenya will attempt to contact Customer to advise of the Charges and to obtain agreement to pay. If such agreement is forthcoming, Customer shall make payment to iMail Kenya and thereafter the Consignment (or relevant part) will be returned to Customer.

4. You acknowledge and accept that iMail Kenya may be considered as the Customer for the sole purpose of appointing a customs broker to carry out any customs clearance.



COLLECTION, DELIVERY AND UNDELIVERABLE CONSIGNMENT

1. iMail Kenya shall not be required to provide any specialist equipment unless iMail Kenya has agreed to do so with Customer in advance. Any Consignment (or part of a Consignment) requiring any specialist equipment for loading and unloading shall be accepted by us for transportation only on the strict understanding and condition that Customer shall, or shall procure that, such specialist equipment will be made available at the Collection Point and the Delivery Point as required. Where Customer uses its own specialist equipment for loading the Consignment (or part of the Consignment), or where such specialist equipment is not available and We nevertheless agree at our discretion to load or unload, We shall be under no liability or obligation of any kind to You for any Losses suffered (howsoever caused) during the loading or unloading of the Consignment and You shall indemnify iMail Kenya against all Losses suffered or incurred by iMail Kenya as a consequence of the use, or non-use of such specialist equipment.\

2. If a collection fails due to a Customer error e.g. the relevant iMail Kenya Documentation being inaccurate or wrong or no-one is available, the collection will not be re-scheduled until Customer contacts or procures that Consignee contacts, iMail Kenya to re-schedule the collection. An Additional Surcharge will be applied to all failed collections that require re-booking due to a Consignee or Consignor error.

3. Our online order system records all Your collection and delivery instructions as input by You. When You input all Your details, You will be presented with the iMail Kenya Services available to You. You will proceed to pick one and follow the Order process

4. For each Substitute Delivery Point, iMail Kenya may not be able to attain a POD. Customer agrees that for the purposes of the Agreement, where iMail Kenya attempts to deliver a Consignment to the Delivery Point and for whatever reason delivery cannot be achieved (including unreasonable delay in, or refusal of, acceptance at that Substitute Delivery Point) then delivery shall be deemed to have taken place at the time when the Consignment is first presented to that Delivery Point for acceptance (including when a Calling Card may have been left) or when iMail Kenya joins a queuing or booking in system, if that is in operation at that Substitute Delivery Point.

5. Where iMail Kenya is directed to hold a Consignment for collection or pending further instructions, (which at its discretion iMail Kenya may do), then delivery shall be deemed to have taken place at the time such direction was made.

6. Customer shall be liable at all times for any and all Charges incurred by iMail Kenya in returning, storing or disposing of an Undeliverable Consignment.

7. iMail Kenya shall not be liable in respect of any Consignment delivered to the Delivery Point or Substitute Delivery Point, where any person misrepresents his authority to receive the Consignment on the Consignee’s behalf; or where iMail Kenya is delivering it in accordance with instructions from, or purporting to be from, Consignee or Customer.

8. If the Items are palletised, Customer will need to procure the provision of a loading bay for loading and unloading.

9. If a Consignment or any part of it, is damaged, and considered to be a risk or dangerous in any way, the Consignment will be disposed of as We see fit. If the Consignment has become damaged due to the actions of iMail Kenya, our liability to You shall be limited to that set out in Clauses 14-16.

10. A Delivery Confirmation shall be sent to Customer by email when the Consignment has been successfully delivered to the Collection Point.



FORCE MAJUERE

If iMail Kenya is unable to perform any obligation under this Agreement as planned due to a Force Majeure Event defined as ‘acts, events, omissions or accidents beyond its reasonable control, including without limitation strikes, lock-outs or other industrial disputes (whether involving the workforce of iMail Kenya, the iMail Kenya Network or any other party), and (including being prevented from collecting, delivering, custom clearing Consignments) failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, adverse weather conditions or default of PHs, consultants or Sub-Contractors’, iMail Kenya’s failure to perform that obligation shall not constitute a breach or default under this Agreement. iMail Kenya will notify Customer once performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event. If the Force Majeure Event continues for a period in excess of thirty (30) days, either party may cancel the Order and terminate this Agreement provided such Force Majeure Event is continuing at the date of termination. In such circumstances, We shall arrange to return Your Consignment to You at the Collection Point as soon as reasonably practicable and at Your sole cost and expense.



CHARGES AND SETTLEMENT

1. Various Charges for the iMail Kenya Services are set out on the Site and are valid at the time of accessing the Site only as some may fluctuate from time to time.

2. Where a business Customer successfully applies for a Credit Account with iMail Kenya, payment of Charges shall be payable in accordance with the Credit Term from the date on the invoice as agreed in writing between the Parties. In consideration of such Credit Account extended and/or to be extended by iMail Kenya in its discretion to Customer, or the provision of iMail Kenya Services paid for in accordance with these Service Terms, Customer hereby unconditionally guarantees to iMail Kenya the punctual payment when due, with such interest as may accrue thereon, of all debts and obligations of Customer, now existing or hereafter arising, as well as the performance and observance by Customer of the terms, conditions, stipulations, and agreements of Customer contained in this Agreement and any invoice (the ‘Guarantee’). This Guarantee will be continuing and irrevocable in respect of any indebtedness of Customer. Customer hereby waives notice of acceptance of this Guarantee, notice of the occurrence of any default, demand, protest, and notice of any and all action at any time taken or omitted by Customer regarding its indebtedness to iMail Kenya. Customer consents to any modification or renewal of the credit hereby guaranteed. This Guarantee shall bind the executors, administrators, and assigns of Customer and shall remain in force and effect unless and until cancelled by written notice sent to iMail Kenya, in which case it shall then be binding as to any balances still owing and outstanding as of the date of iMail Kenya’s receipt of such registered notice.

3. In respect of a Credit Account, Customer authorises iMail Kenya to verify the credit of Customer and Customer authorises its bank(s) and/or business references to release credit information of Customer as may be requested by iMail Kenya. The Guarantee referred to in Clause 12.2 gives iMail Kenya the right to investigate credit from time to time of Customer (or any guarantor(s)), if deemed necessary by iMail Kenya to determine Customer’s creditworthiness in iMail Kenya’s sole discretion.

4. Where Customer places an Order online and does not have an iMail Kenya Credit Account or where Customer places an Order offline by telephone, Customer shall pay all applicable Charges in advance via the Site.

5. Where Customer is a business and has an iMail Kenya Credit Account, payment shall be made within the Credit Term from the date on the invoice as agreed in writing between the parties.

6. Customer shall pay or reimburse iMail Kenya for all Charges without any deduction or setoff.

7. Any Charges incurred or levied after the Order has been placed i.e. Additional Surcharges, shall be due and payable within the timescale and manner as specified by iMail Kenya in these Service Terms or on the Site.

8. Charges are based on the greater of the physical or volumetric size and weight of a Package, the number of Packages in a Consignment and the journey between the Collection Point and the Delivery Point as indicated by Customer. Where the Charges are found to be invalid or misdirected as per Clause 7.5, iMail Kenya shall have the right to implement a reasonable adjustment of the applicable Charges and invoice Customer accordingly.

9. Any subsequent Additional Surcharges applied to Your Order that have not been paid in advance, should be paid either immediately if so requested.

10. iMail Kenya reserves the right to make Additional Surcharges to recover costs associated with the iMail Kenya Services in accordance with these Service Terms including national or international or industry-wide situations, including but not limited to fuel price increases, increases in Government or any other authority's fiscal or statutory charges payable by iMail Kenya and variations in vehicle excise duty and any other taxes, duties, levies, penalties, charges or expenses paid on behalf of Customer, Consignee or third party. Such Additional Surcharges are payable immediately upon request, or within seven (7) days of receipt of an invoice as the case may be (or within an alternative period which the parties have agreed in writing).

11. Unless evidenced otherwise, an invoice shall be considered as received within seven (7) Working Days following the date on the invoice. Invoices are emailed to Customer.

12. If Customer fails to make payment in full on the due date, this shall be considered a material breach of this Agreement and the whole of the balance due in relation to the iMail Kenya Services (or an iMail Kenya Credit Account balance) then outstanding shall become immediately due and payable and, without prejudice to any other right or remedy available to iMail Kenya and until the payment has been made in full, iMail Kenya may:

      • suspend delivery of the Consignment where it is not yet delivered (and/or any other Consignment (whether from the same Order or not) to the Consignee;
      • charge interest on the amount outstanding (including any amounts due in respect of an iMail Kenya Credit Account) from the due date to the date of receipt by iMail Kenya (whether or not after judgment)
      • charge an Additional Surcharge for late payment up to a maximum of ten thousand shillings for each overdue invoice as a fixed statutory fee
      • suspend any iMail Kenya Membership benefits and access to the iMail Kenya Account;
      • make a storage charge as an Additional Surcharge for any Undeliverable Consignment (or unclaimed/ uncollected Consignment) as outlined on our Site;
      • retain by way of a general iMail Kenya Lien, any of Customer's Items in its possession until payment in full of all sums due from the Customer on any account (whether relating to the Items or not), is received. Where any Items are held by way of an iMail Kenya Lien, iMail Kenya shall not be liable to Customer for the loss of, damage to, or deterioration of, the Items whatsoever and howsoever caused and iMail Kenya may at its absolute discretion, upon giving not less than twenty-eight (28) days’ notice of the exercise of the iMail Kenya Lien, sell by public auction, any or all of the Customer's Items in its possession, as agent for Customer and for that purpose may open, or break open, any Package for such purpose without any liability. iMail Kenya shall apply the proceeds of any sale (after deducting reasonable costs for the storage and the sale of the Items) against any sums due to iMail Kenya and shall account to Customer for the balance (if any). Customer shall discharge iMail Kenya from all liability whatsoever in respect of such Items. Failure to deliver Items as a result of the exercise of an iMail Kenya Lien shall not constitute a breach of the Agreement or enable Customer to withhold payment of any sum due to iMail Kenya; and, stop any Consignment in transit by virtue of association.

13. You waive Your right to challenge our invoice if You do not notify us in writing within twenty-eight (28) days of the invoice date with an explanation as to why You dispute it.

14. iMail Kenya may, without prejudice to any other rights it may have, set off any liability of Customer to iMail Kenya against any liability of iMail Kenya to Customer. iMail Kenya will further be entitled to offset any amounts payable to iMail Kenya by Customer by way of Charges under this Agreement from any iMail Kenya Credit available in Customer’s iMail Kenya Account which may be, or may have been, deposited at any time. Customer shall not offset any amounts payable to iMail Kenya against any amounts that are or may be payable by iMail Kenya to Customer.



CREDIT, POINTS, BONUS AND TOP-UP PAYMENTS

1. Where You have an iMail Kenya Account, You are eligible to credit Your iMail Kenya Account at any time by making a Top-Up Payment. When You earn iMail Kenya Bonus, this shall be converted to iMail Kenya Credit and shall automatically be applied to Your iMail Kenya Account. By logging in to Your iMail Kenya Account, You will be able to see Your total iMail Kenya Account balance (iMail Kenya Credit) available for You to spend on iMail Kenya Services as and when You require them.

2. When You are placing an Order, our system will check Your iMail Kenya Account balance and the Order Price shall be deducted from the iMail Kenya Account balance. If such deduction would result in a negative balance, You must make up the difference in accordance with the provisions of Clause 12 (Charges and Settlement). We may set a minimum Top-Up Payment limit which shall be made known to You on our Site.

3. Any Top-Up Payment made to Your iMail Kenya Account shall be deemed a payment for iMail Kenya Services. If You change your mind after making a Top-Up Payment, You may request a refund by Contact Us within twenty-eight (28) days of the Top-Up Payment transaction date. In such case, the amount refunded will be the sum of the original Top-Up Payment less the value of any iMail Kenya Services ordered since (‘Refund Window’).

4. Refunds made during the Refund Window can only be made to the payment method used to make the original Top-Up Payment. For the avoidance of doubt, goodwill payments credited to your iMail Kenya Account will not be subject to a refund.

5. Where the Refund Window has expired, Your sole remedy and our sole liability to You will be the provision of iMail Kenya Services against which You may redeem Your iMail Kenya Credit to the value of Your iMail Kenya Account balance. No cash refunds shall be made under any other circumstances.



LIABILITY FOR DELAY WHERE CONVENTION RULES DO NOT APPLY

DELAY:

iMail Kenya shall use all reasonable endeavours to adhere to the intended transit times which are approximate only and as such, time for delivery, is not of the essence of this Agreement and the parties agree that failure to meet anticipated collection and delivery times may be down to a number of variables. You acknowledge and agree that iMail Kenya shall not be liable to You in respect of any Losses incurred by You in respect of a delay, in particular, any delay due to:

      • Force Majeure delays;
      • acts or omissions of customs or other regulatory agencies;
      • iMail Kenya’s due adherence to iMail Kenya policies regarding the payment of duties and taxes;
      • the Consignment being held up in customs for formal entry clearance or because duty is payable;
      • the Consignment being seized by any customs authority; or
      • the iMail Kenya Documentation pertaining to customs being incomplete or incorrect.



LIABILITY FOR LOSS AND DAMAGE WHERE CONVENTION RULES DO NOT APPLY

1. We shall not be liable to You in contract, tort (including negligence) or otherwise for any consequential, special or incidental loss or damage (whether direct or indirect) or any loss of profit, anticipated profits, business, data, opportunity, revenue, goodwill, or reputation arising from Your use of the Site or the Interactive Services (save for where You are a non-business Customer where ‘foreseeable and consequential losses’ may be recoverable by You provided that You expressly put iMail Kenya on notice of such fact in advance of any Order being place and being accepted by iMail Kenya for carriage. You can do this by Contacting Us In Writing. It is Your responsibility to ensure that iMail Kenya’s limits on liability are adequate to satisfy any foreseeable and consequential losses that may be suffered by You in the event that iMail Kenya is found to be in breach of this Agreement and if You consider the iMail Kenya limits on liability not to be so, You must declare such is the case to iMail Kenya as stipulated, failing which, such losses shall not be recoverable in any circumstances. iMail Kenya can refuse carriage at any time in its sole discretion.

2. Nothing in these Service Terms is intended nor shall it be construed as an attempt by any party to exclude or limit any liability for:

      • fraudulent misrepresentations;
      • any liability where the law does not permit such exclusion of liability; and,
      • death or personal injury arising from negligence.

LOSS & DAMAGE:

1. iMail Kenya shall only be liable for loss of (NOT Damage), a Consignment where it is proven that iMail Kenya acted negligently and without reasonable skill and care. Subject to (Labelling and Packaging Criteria), iMail Kenya’s sole liability to Customer and Customer’s sole remedy from iMail Kenya is the replace remedy

2. In no circumstances shall iMail Kenya’s total maximum liability arising under or in connection with a whole Consignment exceed the value of Kshs 5000 and subject always to the Service Terms herein, whether in contract, tort (including negligence), breach of statutory duty or otherwise.

3. For the avoidance of doubt, We make no warranty and hereby expressly disclaim any liability to You in respect of the Repair/Replace Remedy or otherwise and You agree that You have no claim against iMail Kenya in connection with any Losses incurred or suffered by You due to:

      • latent or inherent defect, vice or natural deterioration of Items;
      • it containing Prohibited Items or Excluded Items;
      • it containing tickets, or tickets which are exchangeable for goods or services (including without limitation, airline tickets, vouchers or tickets for any mode of transportation);
      • delays in delivery caused by adherence to iMail Kenya policies e.g. to provide a POD;
      • damage in transit whatsoever or in handling inherently fragile Items or oversized Packages;
      • Customer's failure to adhere to Labelling and Packaging Criteria; or
      • iMail Kenya’s failure or inability to attempt to contact Customer in respect of inaccurate or incomplete iMail Kenya Documentation including a Valid Address for the Collection Point and/ or the Delivery Point and no, or insufficient, declaration of, and payment of, Charges, in particular, Surcharges and Additional Surcharges i.e. duties and taxes necessary to transport a Consignment. due to the acts, omissions and conduct of any third party users in connection with or otherwise related to Your use of the Site and/ or the Interactive Services;
      • Your failure to submit a Claim within the Claim Time Limits
      • the Registration Information You input into Your iMail Kenya Registration Form (or when applying for an iMail Kenya Credit Account or at any time thereafter) is inaccurate or incomplete;
      • Your failure or inability to use the Interactive Services or any Site functionality at any point in time, or, where the Site is unavailable at any time for any period;
      • any changes which iMail Kenya may make to the Interactive Services, or for any permanent or temporary cessation in the provision of the Interactive Services (or any features within the Interactive Services);
      • the deletion of, corruption of, or failure to store, any UGC and other communications data maintained or transmitted by or through Your use of the Interactive Services;
      • any errors or omissions in our Site or in relation to any reliance placed by You on any content on the Site or accuracy thereto;
      • any unauthorized access or loss of Personal Data that is beyond our control; and,
      • the availability of third party sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
      • You have (and will continue to have whilst the UGC remains posted on the Site) all necessary licences, rights, consents, and permissions which are required to enable iMail Kenya to use or display Your UGC in the manner contemplated by the terms of the IP Licences granted in Clause 3 and You are happy to share Your UGC with the iMail Kenya Network as the case may be;
      • Your non-compliance with all applicable laws, Codes of Practice and Legislation;
      • Your breach of Your obligations under this Agreement due to Your act, omission, default or Your failure to comply with any of Your obligations under this Agreement;
      • Your posting or uploading of any UGC which contains material which is unlawful for You to possess, or which it would be unlawful for iMail Kenya to use or possess in connection with the provision of the Interactive Services;
      • Your failure to keep Your iMail Kenya Login details secure and confidential.

4. In order to ascertain the extent of our liability, We shall require proof of the value and weight of the entire Consignment, proof or purchase of the item (if purchase proof cannot be provided, then another suitable proof e.g. a web link to a website selling the Item) and any part or parts of it which make it up. You must ensure that, prior to our collection of the Consignment, You have retained a record of these to support Your Claim.

5. If only part of a Consignment is lost, We will only be liable for the part which is lost which shall be pro-rated down to represent the proportion that the actual value of that part of the Consignment bears to the actual value of the whole Consignment.

6. Where the Convention Rules apply to carriage of a Consignment, the liability of iMail Kenya to Customer shall be governed accordingly.

7. Customer shall indemnify and hold harmless iMail Kenya on demand, and shall keep iMail Kenya fully and effectively indemnified against any and all Losses incurred by or asserted against iMail Kenya, arising due to the act, omission, default of Customer or Customer’s failure to comply with any of its obligations under this Agreement other than and to the extent that any losses arise directly from breach of these Service Terms by iMail Kenya or by iMail Kenya’s negligence).

8. Except as expressly set out in this Agreement, iMail Kenya gives no warranties and excludes all other express or implied terms, conditions and warranties to the fullest extent permitted by law.

9. Subject to Convention Rules, no action arising out of or in connection with this Agreement may be brought by the Client more than eight (8) months from delivery of the Items or, in the case of non-delivery, within eight (8) months from the scheduled date for delivery.



INSURANCE COVER

1. Where available and where requested by Customer, iMail Kenya may arrange insurance Cover for the loss of a Consignment. Customer shall be solely responsible for the payment of the premium as set out here.

2. Insurance Cover entitles you to claim for the stated value if Your Items are lost in transit. Notwithstanding this, if you declare a different value on Your package which is lower than the value of the Cover purchased by You, in the event that a Claim ensues, the upper limit of the value of any potential Claim shall be the lower of the sum declared when you purchased the cover or the sum pertaining to the chosen Cover. For the avoidance of doubt, the value declared in both instances should be the same.

3. In the case of damage, it does not cover:

      • Damage to any exterior Packaging;
      • Items not packaged in accordance with our Labelling and Packaging Criteria on our Site;
      • Prohibited Items; and,
      • Excluded Items.

4. It is Customer’s responsibility to either seek Cover through iMail Kenya (where available) or make its own enhanced cover arrangements in such sums and against such risks as it deems appropriate if Customer is not satisfied with iMail Kenya’s limits on liability under this Agreement.

5. iMail Kenya shall not otherwise be deemed to have covered a Consignment and any Claims shall be subject to limits on liability

6. Customer hereby waives all rights of subrogation which might otherwise exist under any enhanced cover held by Customer with cover in excess of any Claim in excess of the liability limits in this Agreement.



COMPLAINTS AND CLAIMS

1. iMail Kenya tries to meet the highest standards when providing the Site and the Interactive Services.We take any Complaints We receive about this very seriously. We encourage people to bring any Complaints to our attention and We welcome any suggestions for improving our procedures. We will try and solve any disagreements quickly and efficiently. If You are not happy with the way iMail Kenya deals with any Complaint, and You wish to take court proceedings, You must do this within Kenya. Relevant law will apply to this Agreement.

2. All Claims in respect of loss or damage to a Consignment must comply with the procedure for Claims and must be set out on a Claim Form which You must request from us in writing.

3. All Claims must be received in writing by iMail Kenya within 14 days of the date of delivery in the case of damage, and within 30 days of the collection date, in the case of loss (‘Claim Time Limits’). Should Customer fail to comply with the Claim Time Limits specified in this Clause, You release iMail Kenya from all claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the potential Claim to the fullest extent permitted by law.

4. Notwithstanding the fact that a Claim is submitted in compliance with the procedure for Claims and within the Claim Time Limit, We are not obliged to act on any Claim (whether submitted by an iMail Kenya Credit Account holder or otherwise) until our Charges have been paid in full which shall not be retrospective.

5. Where the Claim is in respect of loss, You must grant iMail Kenya a search window of up to thirty (30) days where an agreed time limit was in force in respect of the relevant iMail Kenya Services, or sixty (60) days where no time limit was agreed which shall run from the date You notified us in writing of the loss i.e. non-delivery


CONTENT ON THE SITE

With the exception of UGC submitted to the Site by You, all other content and the selection and arrangement of such content on the Site is either owned by or licensed to iMail Kenya (‘Content’), and is subject to copyright, trade mark rights, and other intellectual property rights of iMail Kenya and iMail Kenya’s licensors. Such Content is protected by UK copyright laws and international laws. Any third party trade or service marks present on Content not uploaded or posted by You are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of iMail Kenya or, where applicable, iMail Kenya’s licensors. iMail Kenya and its licensors reserve all rights not expressly granted in and to their Content.



COPYRIGHT LICENCE

We will terminate the privileges of any iMail Kenya Member who uses this Site to unlawfully transmit copyrighted material without a licence, express consent, valid defence or fair use exemption to do so. In particular, iMail Kenya Members who submit UGC to this Site must ensure that the UGC they upload does not infringe the copyrights or other rights of third parties (such as privacy or public rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the iMail Kenya Member that they have used this Site as an instrument of unlawful infringement, We will terminate the infringing iMail Kenya Member’s rights to use and/or access this Site.



GENERAL RESTRICTIONS ON USE

Subject to the following stated restrictions, iMail Kenya grants You permission by way of a licence to access and use the Site and the Interactive Services. You may view Site pages, download Site pages (for caching purposes only) and print Site pages (excluding Site images) and retain a copy of the same solely for the use for which they were intended. You agree that Your failure to adhere to any of these restrictions shall constitute a breach of this licence on Your part. You agree:

      • not to sell, license, rent, distribute or otherwise exploit any UGC or Content for any other purposes without the prior written consent of iMail Kenya or the respective licensors of the UGC or the Content;
      • not to use the Site including the iMail Kenya Discussion Forum to send unsolicited advertising or promotions, requests for donations or spam;
      • not to post, frame, deep link, publish, reverse engineer or modify or make any derivative works of any part of or parts of the Site or the Interactive Services, including but not limited to any UGC or Content, in any medium without iMail Kenya’s prior written authorisation, unless iMail Kenya makes available the means for such activity through the functionality offered by the Interactive Services;
      • not to alter or modify any part of the Site or any of the Interactive Services or use the same in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      • not to access UGC or Content through any technology or means other than the Site itself or such other means as iMail Kenya may explicitly designate for this purpose;
      • not to access or attempt to access the iMail Kenya Accounts of other iMail Kenya Members or penetrate or attempt to penetrate iMail Kenya’ security measures;
      • not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Site or the Interactive Services or features that (i) prevent or restrict use or copying of UGC or Content; or, (ii) enforce limitations on the use of the Interactive Services or the accessible UGC or Content;
      • not to use any area of the Site or the Interactive Services for any non-permitted commercial purposes. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, marketing, solicitations, links, or any other form of communication which is deemed unwarranted in accordance with these Service Terms. We will investigate and take appropriate legal action against anyone who breaches this provision, including without limitation, removing the offending communication from the Site and barring anyone breaching this provision from future use of the Site and the Interactive Services. We reserve the right to block access to this Site with respect to any iMail Kenya Member who is known or reasonably believed to be (or is associated with any person who is known or reasonably believed to be) acting unlawfully, or breaching these Service Terms, or infringing iMail Kenya’s rights. Breaching any terms on the Site will be deemed to be a breach of this Agreement;
      • not to use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      • not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to any iMail Kenya Member of the Site or the Interactive Services; or,
      • not to unlawfully place an Order or access an iMail Kenya Account of an iMail Kenya Member on behalf of another.



PROHIBITED CONTENT

The following is a partial list of content which is illegal or prohibited on the Site. You agree that You will not submit any UGC to the Site that:

      • is patently offensive, such that it promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • could be harmful to minors or vulnerable adults;
      • could be seen to incite abusive behaviour towards another person;
      • constitutes Inappropriate Content;
      • harasses or advocates harassment of another person;
      • involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
      • promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
      • promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
      • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
      • displays pornographic or sexually explicit material of any kind;
      • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits Personal Data from anyone under 18;
      • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
      • solicits passwords or personal identifying information for commercial or unlawful purposes from other iMail Kenya Members; and,
      • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.



PRIVACY AND CONFIDENTIALITY

iMail Kenya Members hereby agree that by releasing any Personal Data on or via the Site, they acknowledge that they are wilfully providing the same. As an iMail Kenya Member, You understand that by accepting the terms of the Licence, You agree that iMail Kenya and the Site are not responsible for any advice or information disclosed between iMail Kenya Members and that by releasing Your personal details, You do so at Your own risk and by doing so it is understood that You hereby forfeit Your privacy and anonymity to the extent necessary to utilise the Interactive Services. These Service Terms incorporate our Privacy Policy and Cookie Policy by these references which apply in full to Your use of the Site and the Interactive Services.



AVAILABILITY AND SECURITY OF THE SITE

iMail Kenya does not warrant the validity and accuracy of information on the Site or the Interactive Services or that the Site is kept up-to-date. The Site and its content and the Interactive Services are delivered on an ‘as-is’ and ‘as-available’ basis. iMail Kenya shall use reasonable endeavours to ensure that the Site, the Interactive Services and any information it holds on You are kept secure. However, due to the nature of the internet, iMail Kenya does not represent or warrant to You that:

      • Your use of the Site and/ or the Interactive Services will be uninterrupted, timely, secure or free from error at all times, nor that it will provide specific results from use of the Site or any UGC or Content, search or link on it;
      • Your use of the Interactive Services will meet Your requirements;
      • any information obtained or downloaded by You as a result of Your use of the Interactive Services will be accurate, reliable or free of viruses or contamination or destructive features;
      • Your shared UGC will not be used by a third party in various ways;
      • there will not be any defects in the operation or functionality of any software provided to You as part of the Interactive Services; and,
      • those who intentionally attempt to and/or gain unauthorised access to the same by means such as, without limitation, computer hacking will not be successful.



HYPERLINKS AND SEARCH RESULTS

The Site may contain hyperlinks or produce search results that reference or link to third party sites throughout the World Wide Web. These are provided for Your ease of reference only and iMail Kenya does not endorse such sites or accept any responsibility for the content of such sites and cannot therefore guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive or that they will not contain viruses or otherwise impact Your computer. By using the Site to search for or link to another site, You agree and understand that You may not make any claim against iMail Kenya for any damages or losses, whatsoever, resulting from Your use of the Site to obtain search results or to link to another site. iMail Kenya advises You to read the terms and conditions including the privacy, cookie and other website policies of any other website that You visit.




TERM, SUSPENSION AND TERMINATION

1. This Agreement including the IP Licences shall remain in full force and effect unless terminated by You or by iMail Kenya.

2. You acknowledge that iMail Kenya has no obligation to monitor any UGC or other Content provided by iMail Kenya Members. You further understand and agree that in iMail Kenya’s sole discretion, and without prior notice, iMail Kenya may terminate this Agreement with You by denying You access to Your iMail Kenya Account and the iMail Kenya Services and may therefore choose to suspend or terminate Your access to the Site and the Interactive Services at any time or exercise any other remedy available to it and modify or delete any unauthorised UGC, if iMail Kenya believes that the UGC You provided has violated or is inconsistent with the IP Licences or violated the rights of iMail Kenya or an iMail Kenya Member. You are solely responsible for and bear the legal risk associated with such UGC anywhere in the world.

3. iMail Kenya may release iMail Kenya Member information if required by law, or if the information is necessary or appropriate to release to deal with an unlawful or harmful activity.

4. You agree that monetary damages may not provide a sufficient remedy to iMail Kenya for violations of this Licence and You consent to injunctive or other equitable relief for such violations.

5. You acknowledge and agree that to improve the Site and/ or the Interactive Services, iMail Kenya may stop (permanently or temporarily) providing the Interactive Services (or any features within the Interactive Services) to You generally at iMail Kenya’s sole discretion, without prior notice to You.




ENTIRE AGREEMENT/ SEVERABILITY

This Agreement incorporates the Privacy Privacy Policy and the Cookie Policy which together constitutes the entire agreement between You and iMail Kenya in relation to Your use of the Site and/ or the Interactive Services and supersedes any prior representations, inducements or agreements relating to its subject matter. Should the courts strike-out as invalid or unenforceable or otherwise alter any part of the terms constituting the Licence, the remaining terms shall remain valid and in force.



ASSIGNMENT

This Licence shall be personal to You and You may not assign, transfer or delegate all or any of Your rights and obligations, without iMail Kenya’s prior written consent. iMail Kenya reserves the right to assign or transfer all or any of its rights and obligations under this Licence to any companies in the same group as iMail Kenya or other third party. In the event of assignment or transfer, notification will either be given to You by e-mail or posted on the Site.



NO WAIVER

Failure by either iMail Kenya or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.