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Definitions

Under these terms and conditions, the following definitions shall apply:

  • “Materials” shall refer to the information and/or software found on the website.
  • “The company” shall refer to the proprietor of this website, Hospitality Systems Consultants Limited.
  • “User” shall refer to any person who accesses or attempts to access this website, whether a natural or corporate person.
  • “Website” shall refer to the website at www.hsc.co.ke.

General Terms

  • By accessing or attempting to access this website, the user is implicitly consenting to be bound by these terms of service and all applicable laws and regulations
  • The user further acknowledges that they are wholly and solely responsible for compliance with any applicable local or international laws.
  • If the user does not consent to any of these terms, they are strictly prohibited from accessing or attempting to access this website, or any further use of the website. The user must immediately cease any and all attempts at such access or use.
  • All materials contained in this website are protected by applicable copyright and trademark law.

Use License

  • Permission is granted to individual users to temporarily download one copy of the materials on Hospitality Systems Consultants Limited’s website for personal, non-commercial, transitory viewing only.
  • This permission is granted on licensing terms, and does not constitute a transfer of title. Under this license, the user may not:
    • modify or copy the materials;
    • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • attempt to decompile or reverse engineer any software contained on Hospitality Systems Consultants Limited’s website;
    • remove any copyright or other proprietary notations from the materials; or
    • transfer the materials to another person, or “mirror” the materials on any other server.
  • This license shall automatically terminate if the user violates any of these restrictions.
  • The license may also be specifically terminated by Hospitality Systems Consultants Limited at any time.
  • Upon termination of the user’s viewing of these materials, or upon the termination of the said license, the user must immediately and permanently destroy any materials in their possession, whether in electronic or printed format.

Disclaimer

  • The materials on this website are provided on an ‘as is’ basis. The company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of intellectual property or other violation of rights.
  • Further, the company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any other web pages linked to this website.

Limitations

  • Under no circumstances shall the company or its affiliates, partners and suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the website, even if the company or the company’s authorized representative has been notified, orally or in writing, of the possibility of such damage.

Accuracy of materials

  • The materials appearing on the website could include technical, typographical, or photographic errors. The company does not warrant that any of the materials on its website are accurate, complete or current.
  • The company may make changes to the materials contained on the website at any time without notice, but does not make any commitment to update the materials.

Links

  • The company has not reviewed all of the other web pages linked to this website and shall not be responsible for the contents of any such linked web pages.
  • The inclusion of any link does not imply endorsement by the company of the linked web page or its affiliates.
  • Use of any such linked web pages is entirely at the user’s own risk.

Modifications

  • The company may revise these terms of service for its website at any time without notice.
  • By using this website, the user specifically consent to be bound by the terms that are the most current as at their last access or attempt of access of the website.

Governing Law

  • The use of this website, any arising express or implied agreements, warranties, rights, and liabilities shall be strictly and exclusively construed in accordance with the Laws of the Republic of Kenya.
  • By accessing, attempting to access, using or continuing to use this website and any materials available on it, the user specifically submits to the exclusive jurisdiction of the Laws of the Republic of Kenya.
  • Any dispute arising out of the access, attempted access, use or any terms and conditions of use of this website shall be submitted at the first instance to arbitration in accordance with the Arbitration Act of Kenya or any other law currently in force within the jurisdiction with regard to arbitration.
    • The arbitration shall be conducted by a single arbitrator chosen by the parties. Should the parties fail to agree on a single arbitrator within 3 months of the dispute being brought to the attention of the other party by the complaining party, the single arbitrator shall be appointed by the Chartered Institute of Arbitrators (Kenya branch).
    • The seat of arbitration shall be in Nairobi, Kenya.

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