WEBSITE USAGE TERMS AND CONDITIONS

1.General

In these terms and conditions, the following terms will have the following meanings: -

“User” refers to the person who accesses and uses the Site.

“Sacco” refers to Tai DT Sacco Society Limited.

“We” “Us” “Our” refers to Tai DT Sacco Society Limited as the context so requires.

“You” “Your” refers to the User.

All products and services of Tai DT Sacco Society Limited herein provided are subject to the terms and conditions of the applicable agreements governing their use. These terms and conditions are meant to regulate your access to this website and they are to be read together with the applicable terms and conditions governing the transaction(s), product(s) and/or service(s) provided in this website.

2.Use of Material

The contents of the Site, including but not limited to text, artwork, names, logos, trademarks, video, music, sound, photographs, graphics, illustrations and other material ("Material") are protected by the applicable copyright laws. You may only access and use the Site, or any of the information or Materials provided on the Site in a lawful manner. We authorize you to view and download a single copy of the Material on the Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any private, public or commercial purpose without Tai DT Sacco written consent. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

3.Use of your Information and Privacy

3.1We may hold and use your information provided by you in the course of accessing the Site for a number of reasons, which may include but not limited to: - Monitoring your access for business purposes such as marketing, product research and development, customer service, prevention of unauthorized use of our systems; providing value added services; improving the content of the Site; Carrying out activities in connection with a legal, governmental or regulatory requirement of the Sacco, in connection with legal proceedings; or in respect of crime or fraud prevention, detection or prosecution. We will take all reasonable steps to use or disclose users' personal information only in the manner stated in the Terms and Conditions. Personal information shall refer to all private information about an identifiable individual, such as a user name, contact details, identity number, and age. Such information may be collected through various means such as feedback forms, member education, emails, etc. Some areas of the Site may require the user to submit information in order for the user to register for certain services or benefits.

3.2You hereby agree that we may collect, use and store your personal information; we shall not disclose, for commercial gain or otherwise, users' personal information other than as set out in these terms and conditions. We may disclose the information to our affiliates or to third parties contracted or employed by us to provide services for or to Tai DT Sacco, including; website hosting and development, financial services, delivery services, and other support services.

3.3The third parties require access to users' personal information to perform their functions and not for any other purposes and we will take all reasonable steps to ensure the confidentiality and non-disclosure of your personal information. We may also disclose your personal information to governmental agencies, and other regulatory or self-regulatory bodies if we are required to do so by law or if we believe that such action is necessary to comply with the law or with any legal process; protect and defend the rights, property or safety of Tai DT Sacco, its affiliates or members; prevent or deal with fraud or the abuse, misuse or unauthorized use of the Site; and/or protect the rights, property or safety of members of the public (if a user provides false or deceptive information about him/herself or misrepresents him/herself as being someone else, we will proactively disclose such information to the appropriate regulatory bodies and commercial entities).

3.4You further agree that we may use your personal information to compile profiles for statistical purposes and may freely in survey participations with such profiles and statistical data, provided that the profiles or statistical data cannot be linked to the user by a third party.

3.5You hereby acknowledge that Internet communications and transactions are not 100% secure or error free. In particular, information may not be secure in transit from you to our Site. Where you provide particularly sensitive personal information such as passwords, ID numbers, or other sensitive information on this site, it is your responsibility to safeguard them.

4.Intellectual Property Rights

4.1The materials and contents accessible from the Site are the proprietary information and valuable intellectual property of the Sacco. The Sacco retains all right, title, and interest in the Materials. Accordingly, the Materials may not be modified, copied, distributed, broadcast, displayed, licensed, transferred, republished, uploaded, posted, sold commercially or transmitted in any way without the prior written consent of the Sacco except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice appearing on any of the Materials. Modification or use of the content except as expressly provided in these Terms and Conditions violates the Sacco’s intellectual property rights and you may be in breach of statutory or common law rights which could be the subject of legal action. Neither license, right, title nor intellectual property rights are transferred or granted to you by access to the Site. All content included on the Site, including but not limited to text, graphics, photographs, video and audio clips, streaming data, animation, images, downloadable materials, data compilations and software is the property of the Sacco and is protected by applicable copyright and trademark laws.

4.2The Tai DT Sacco disclaims all liability which may arise from any unauthorized reproduction or use of the contents of this Site.

5.No Warranties

5.1You expressly agree that use of the Site or any Materials contained therein is at your own and sole risk. The materials and information in the Site, including but not limited to services, products, information, data, text, graphics, links or other items, are provided by the Tai Sacco on an "as is" and "as available" basis. We do not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement of proprietary or third party rights, merchantability, usefulness, operation, completeness, timeliness, correctness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the Site, the material, information and/or functions therein and we expressly disclaim liability for errors and omissions in such materials, information and/or functions.

5.2Further, we do not warrant or represent that access to the whole or part(s) of this website, the materials, information and/or functions contained therein will be provided uninterrupted, timely, secure or error-free or that any identified defect will be corrected, or that there will be no delays, failures, errors or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Site or any of the materials contained therein is done at your own discretion and risk. If your use of the Site or the Material results in the damage and need for servicing or replacing equipment or data, we shall not be responsible for those costs and you will solely be responsible for any such damages. If the Material is provided by third parties, we shall not be held responsible for any such third-party material.

6.Third Parties

6.1Tai DT Sacco website may mention Regulator, Third Parties and partners. Such mentions do not necessarily imply any endorsement, agreement with, or support for, the information on or content of the Third-Party Website. We do not control the information or content on those Third-Party Website and neither we nor our Affiliates makes any warranties in respect of the content of their websites.

7.Limitation of Liability

7.1In no event shall Tai DT Sacco or its directors, employees, licensors, agents, suppliers or service providers be liable to you or any other third party for any loss or damages howsoever arising whether in tort, contract, negligence or any other basis including but not limited to direct, special, indirect, incidental, consequential, exemplary or punitive damages, damages for loss of profits, revenue, or good will, which may arise from your use or any person’s use, access, misuse or inability to use the Site or any of the Materials contained therein, reliance on the information contained in the Site, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, even if we have been advise of the possibility of such damages. Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or with these Terms and Conditions or other policies, your sole remedy is to discontinue use of the Site.

8.Indemnity

8.1You hereby irrevocably agree to defend, indemnify, and hold harmless the Tai DT Sacco, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use the Site or any of the Materials contained therein, or your breach of any of these Terms and Conditions or any intellectual property right or proprietary right infringement claim made by a third party against the Tai DT Sacco in connection with your use of this website. We shall promptly notify you of any such claim, proceeding or suit, and you shall be responsible for its defence at your expense. Tai DT Sacco may participate in the defence of such claim or defence but is not obligated to do so.

9.Force Majeure

9.1We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay the Tai DT Sacco Site’ performance.

10.Severability, Non-Waiver and Entire Agreement

10.1If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular web page, these terms and conditions constitute the entire Agreement between you and us with respect to the use of the Site.

11.Suspension and Termination of access

11.1Tai DT Sacco reserves the right to terminate and/or suspend your access to the Site and/or your use of the Site at any time, for any reason. In particular, and without limitation, we may terminate and/or suspend your access should you violate any of these terms and conditions, or violate the rights of the Tai DT Sacco, of any other user, or of any third party.

12.Governing Law and Jurisdiction

12.1These terms and conditions and all matters arising out of or relating to these Terms and Conditions shall be governed by and are to be construed in accordance with the laws of Kenya, excluding any conflict of law provisions. By accessing this website and/or using the services provided herein by Tai DT Sacco, you hereby consent to the exclusive jurisdiction of the Kenyan courts in all disputes arising out of or relating to the use of this website.