Please read all of the Agreement carefully before using BusinessList.co.ke Website. If You have any questions, please Contact us prior to agreeing. By using BusinessList.co.ke Website, You acknowledge and agree that You have had an opportunity to read and understand the Agreement and agree to be bound by it.
Using BusinessList.co.ke Website general requirements
- GBD will make https://www.businesslist.co.ke available to You on the terms and conditions of this Agreement.
- You may use BusinessList.co.ke Website in accordance with this Agreement.
- GBD takes the accuracy of its Database very seriously. If You see any material on BusinessList.co.ke Website which:
please let us know as soon as possible by contacting us via Contact us.
- infringes any law, regulation, standard or relevant industry code;
- breaches the requirements of this Agreement;
- is incorrect,
- BusinessList.co.ke Website contains content created by third parties, other information obtained from public sources and links to other websites (such content and websites together, Third Party Content).
- Automated access to BusinessList.co.ke Website by or on behalf of internet search engines is permitted.
- You must not:
- access BusinessList.co.ke Website other than through the normal BusinessList.co.ke Website web interface;
- access BusinessList.co.ke Website through any automated means (including, without limitation, through the use of scripts or webcrawlers);
- infringe the intellectual property rights of others;
- impersonate or falsely state or misrepresent an affiliation with any person or organisation;
- use BusinessList.co.ke Website or any information contained on BusinessList.co.ke Website in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;
- violate any applicable law, regulation, standard or relevant industry code;
- sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on BusinessList.co.ke Website which does not form part of Your Business Profile;
- You acknowledge and agree that GBD retains complete editorial control over BusinessList.co.ke Website and that GBD may, in its sole discretion and without notice to You:
- reject, remove, delete or amend any material contained on BusinessList.co.ke Website or in the Database at any time, including (without limitation) any material contained in any Business Listing;
- reject, refuse, remove, delete or amend any Content at any time;
- position Content and/or any Business Profile as it sees fit;
- GBD may terminate this Agreement, remove Your Business Listing or any Content posted by You and/or refuse You access to BusinessList.co.ke Website if You have breached, or we consider that You will breach, this Agreement or for any other reason that GBD, in its sole discretion, sees fit.
- You acknowledge and agree that certain Business Listings on BusinessList.co.ke Website have been paid for by a business and will therefore be displayed before free Business Listings in the relevant search results.
2. Business Listing and Reviews
- You may use BusinessList.co.ke Website to add, amend and/or update a Business Listing or a Review, solely on the terms and conditions of this Agreement.
- All Content must:
- be complete and accurate;
- be supplied in the manner and format specified on BusinessList.co.ke Website;
- not be of a nature likely to bring BusinessList.co.ke Website into disrepute; and
- comply with all laws, regulations, standards and relevant industry codes.
- You must not:
- use BusinessList.co.ke Website to post Content for a business that is not located in Kenya;
- use BusinessList.co.ke Website to add or amend a Business Listing where You do not have the express authorisation of that business to do so;
- upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;
- upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Content or Accessible Content;
- infringe the intellectual property rights of others; or
- breach a law including, without limitation, any law that restricts advertising of a profession.
- If any of the information in the Business Listing for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:
- immediately amend Your Business Listing so that it complies with this Agreement; and/or
- immediately notify BusinessList.co.ke Website.
- You acknowledge and agree that by posting Content onto BusinessList.co.ke Website You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from BusinessList.co.ke Website.
3. Intellectual Property Rights
- BusinessList.co.ke Website and the Database is owned and operated by GBD. You acknowledge and agree that all intellectual property rights comprised in or relating to BusinessList.co.ke Website and the Database belong to GBD or our licensors, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.
- You may download and view content and/or print a copy of material on BusinessList.co.ke Website for Your own use only, provided You do not:
- modify the content (including, without limitation, any copyright notice) in any way;
- make the content public; or
- use the content in a manner or for a purpose prohibited by this Agreement.
- You must not do anything which breaches or otherwise interferes with GBD's intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on BusinessList.co.ke Website without our written permission and, if required, payment of a specified fee. Requests to reproduce any content may be made via the Contact Us Page.
- We may publish and communicate to the public any Content. By posting Content onto BusinessList.co.ke Website, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:
- reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on BusinessList.co.ke Website and as part of the Database;
- You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.
- For the avoidance of doubt, You acknowledge and agree that:
- the Licence includes a right for us to make the Content available to the public via any website or as part of any services or products in any jurisdiction;
- we will allow BusinessList.co.ke Website users to search Content You have posted; and
- You will do everything necessary (including without limitation, on request, execution of any documents) to give GBD the full benefit of the licences, waivers and consents
- The Licence will survive any termination of this Agreement.
- Your use of some Third Party Content (including, without limitation, third party websites linked to BusinessList.co.ke Website) may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on BusinessList.co.ke Website) constitutes a licence or right for You to use such content.
- where possible, have that person provide us with that personal information directly.
You represent and warrant to GBD that:
- You are fully authorised to publish and to authorise GBD to publish all Content (including, without limitation, having full authorisation from any business whose Business Profile You add, amend or update);
- publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
- You have the ability to grant the Licence;
- all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;
- all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;
- the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;
- You have obtained the consent of all individuals whose personal information is included in the Content to:
- the collection of that personal information by GBD; and
- all Accessible Content will be current and accurate, and will not mislead or deceive end users of BusinessList.co.ke Website; and
- each website represented by any URL shown or embedded in the Business Listing for Your business:
- is controlled and operated by Your business or its independent contractor;
- will be functional and accessible at all times; and
- is suitable in all respects, including (without limitation) subject matter, to be linked to BusinessList.co.ke Website.
- BusinessList.co.ke Website is provided "as is", and You acknowledge and agree that GBD has no control over Third Party Content and that Your use of BusinessList.co.ke Website (including, without limitation, all material obtained from or linked to BusinessList.co.ke Website) is at Your sole risk. Nothing on BusinessList.co.ke Website constitutes the giving of financial or other advice. You should obtain qualified professional advice before acting on the basis of any information on BusinessList.co.ke Website.
- To the full extent permitted by law, GBD excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:
- Your use of, or reliance on, BusinessList.co.ke Website (or any information contained on or linked to BusinessList.co.ke Website);
- any dealing You have with any business displayed on BusinessList.co.ke Website.
- Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which GBD is entitled to do so, GBD limits its liability in respect of any claim under those provisions to:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
- You hereby indemnify and hold harmless GBD and its employees from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:
- Your breach of this Agreement, including (without limitation) a warranty;
- any act of fraud or wilful misconduct by or on behalf of You; and
- the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.
- We may provide You with notices by email, mail or by posting content on BusinessList.co.ke Website.
- You should carefully read and agree to this Agreement each time You use BusinessList.co.ke Website. Whilst GBD hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using BusinessList.co.ke Website (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.
- GBD may assign this Agreement provided that the relevant assignee undertakes to perform all of GBD's obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.
- The indemnities in this Agreement are:
- continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and
- absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.
8. Acceptable Use Policy
BusinessList.co.ke Website is in line with PayPal's acceptable use policy.
In this Agreement:
Content means all content posted by You onto BusinessList.co.ke Website including, without limitation, all text, graphics, icons, photographs, URLs and Reviews.
Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.
Business Listing means a business profile in the Database. A Business Profile may contain information about the profiled business, for example, contact details.
Database means the national database of Business Profiles which is collected by GBD and made accessible to the public via the online business directory on BusinessList.co.ke Website.
Review means a review or other comment which You add to BusinessList.co.ke Website in relation to any Business Profile or associated products and services.
If you have any questions, concerns, or suggestions regarding this terms, please contact us.