That certain proprietary website located at http://africa.airtel.com ("Site") is owned and operated by Bharti Airtel (International) Netherlands BV, with offices at Bharti Airtel (International) Netherlands (BAIN), Keizersgracht 62-64, 1015 CS Amsterdam, the Netherlands ("Airtel," "we," "us" or "our").
Airtel reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check this page periodically for any modifications. Your continued use of this Site following the posting of any changes will mean that you have understood and accepted the changes.
2. Copyrights and Limitations on Use.
All content in and on this Site, including without limitation, site layout, design, images, programs, text, recorded material(s), software, code, scripts, webpages, music, sound, photographs, video, graphics, graphical user interface, forms, diagrams or other information (collectively, the "Content") is the property of Airtel and its affiliated companies or licensors and is protected by copyright and other intellectual property laws. Notwithstanding anything in these Terms and Conditions or on the Site, Airtel reserves the right, in its sole discretion, to alter, modify, upgrade, update, suspend or withdraw the Site, the Content, and these Terms and Conditions, or any part thereof, at any time.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from this Site in any medium to anyone, except as otherwise expressly permitted under applicable law or as described in these Terms and Conditions or relevant license or subscriber agreement.
You may download Content from the Site exclusively for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without prior written permission from Airtel.
You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (i) continuously and automatically search or index any Content, unless authorized by us; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site. If this Site contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to: Bharti Airtel (International) Netherlands (BAIN), Keizersgracht 62-64, 1015 CS Amsterdam, the Netherlands.
You may not use the services on the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Airtel may at any time exercise editorial control over the content of any information or material that is submitted or distributed through its facilities, network and/or services.
You may not, without the prior written approval of Airtel, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or use the facilities and/or services to distribute multiple copies of public domain information or shareware.
Notwithstanding the foregoing, in any interactive areas of this Site (the "Interactive Areas"), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Site.
Airtel reserves the right, in its sole discretion, to terminate your access to the Site, and the related Content and services, or any portion thereof at any time and for any reason, without notice. Upon termination of your access by Airtel, your right to use and access the Site and all related Content and services immediately ceases.
Airtel shall have no obligation to maintain any Content.
3. Material Provided to Us or Posted On or Through the Site.
We do not claim ownership of any material that you provide to us (including feedback and suggestions) or post, upload, input or submit on or through this Site, including our blog pages, message boards, chat rooms and forums, for review by the general public or by the members of any public or private community ("Submission") and we are not responsible for its content or accuracy. However, by posting, publishing, uploading, or distributing any messages, data, information, text, graphics, links, content, or other materials (collectively, "Postings") for use on this Site, you grant (or warrant that the owner of such rights has expressly granted) Airtel a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license, with the right to sublicense, to use, reproduce, modify, adapt, publish, publicly perform, publicly display, digitally display and digitally perform, translate, create derivative works from and distribute such Postings or incorporate such Postings into any form, medium, or technology now known or later developed throughout the universe. You agree that you shall have no recourse against Airtel for any alleged or actual infringement or misappropriation of any proprietary right in Postings you provide to Airtel.
No compensation will be paid with respect to the use of your Submission. We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion.
If you participate in Interactive Areas on this Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offence, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations of the any regulators (wherever located and however mandated), either intentionally or unintentionally. Airtel may delete your Posting at any time for any reason without permission from you.
In case you fail to comply with the Terms and Conditions, an e-mail will be sent to you informing you why your Submission through this Site has failed or been edited. This e-mail will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of the Site areas.
4. Postings to be in Your Name; Registration.
Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may select and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
Should you choose to register on this Site, following registration you may be issued with access information ("Access Information") that may be used to access the Site and/or the Services and any pages for which registration is required. Airtel reserves the right to change your Access Information at any time at its sole discretion and shall notify you of this change as soon as reasonably practicable.
Your account is to be used by a single user only and you will not allow simultaneous access using the same Access Information. You acknowledge that you are responsible for ensuring that no unauthorised access to the Site and the Services is obtained using your Access Information and that you are liable for all such activities conducted through your account whether authorised or not. When choosing Access Information, you must not use words that are obscene, abusive or likely to cause offence.
As the registered user of the account you will:
- keep your Access Information secure and not let it become public knowledge and ensure that your Access Information will not be stored anywhere on a computer or your mobile phone in plain text;
- provide true, accurate, current and complete information in all fields indicated as compulsory when registering as an "Authorised User";
- if your Access Information becomes known to any other unauthorised user you must inform Airtel immediately.
If any information provided by you is untrue, inaccurate, not current or incomplete, Airtel has the right to terminate your account and refuse any and all current or future use of the Services or access to the Site.
Airtel shall have the right, but not the obligation, to monitor Postings to the site to determine compliance with these Terms and Conditions and any operating rules established by Airtel and to satisfy any law, regulation or authorized government request. Airtel is not responsible for the content in such Postings or any content linked to or from such Postings. Airtel however reserves the right, in its sole discretion, to monitor Interactive Areas, Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
6. Links to Other Sites.
The Site may contain hyperlinks to other sites or resources that are provided solely for your convenience. Airtel is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Airtel. Because Airtel is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.
7. Linking to this Site.
You may provide links to the homepage of this Site, or any section or sub-page thereof, upon prior notification to Airtel. In no event shall Airtel, its affiliates, and their respective employees, agents, officers or directors be responsible for any such links or the content thereupon ("Your Link"). You shall remain solely responsible for Your Link, and shall hold Airtel harmless in respect of any claims, regardless of legal theory in which these may sound, arising from or relating to, whether directly or indirectly, Your Link.
This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with applicable laws. Airtel will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
9. Third Party Content.
Third party content (including, without limitation, Postings) may appear on this Site or may be accessible via links from this Site. Airtel shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of fact or law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Airtel. Further, information and opinions provided by employees and agents of Airtel in Interactive Areas are not necessarily endorsed by Airtel and do not necessarily represent the beliefs and opinions of Airtel.
10. Disclaimer of Warranties and Liability.
Neither Airtel, its affiliates, nor any third-party content providers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that defects will be corrected; that this Site, including the server that makes it available, is free of viruses or other harmful components; as to the results that may be obtained from use of the Content or other materials on the Site; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Site.
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH AIRTEL DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
To the extent permissible under applicable laws, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. If the Content contained on this site contains legal, medical, health sciences or other information of a technical or specialized nature, it is intended for professional use only, and subject to these Terms and Conditions.
NEITHER AIRTEL NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING INFORMATION THROUGH THE SITE. IN NO EVENT WILL AIRTEL, ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION. AIRTEL AND ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL AIRTEL'S CUMULATIVE LIABILITY (INCLUDING ANY AND ALL DAMAGES, COSTS, FEES AND/OR PENALTIES) FOR ANY BREACHES, DISPUTES, CONTROVERSIES AND CLAIMS ARISING HEREUNDER OR RELATED HERETO EXCEED, IN THE AGGREGATE, AN AMOUNT EQUAL TO THE TOTAL AMOUNT OF CONSIDERATION PAID BY YOU TO AIRTEL ON THE SITE IN THE MOST RECENTLY CONCLUDED CALENDAR YEAR. RECOVERY OF SUCH AMOUNT BY YOU AS LIMITED HEREBY WILL BE YOUR SOLE AND EXCLUSIVE REMEDY, AND YOU HEREBY RELEASE AIRTEL AND ITS AFFILIATES, AND THEIR RESEPCTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND SHAREHOLDERS, FROM ANY LIABILITY IN EXCESS OF SUCH AMOUNT.
Airtel neither endorses nor takes responsibility for any products, goods or services offered by outside vendors through our services or advertised on our system.
11. Systems Reliability.
Airtel aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, due to technical failures, acts of God or routine maintenance, availability may be limited and/or information may be lost. Airtel shall not be liable for lost information or non-availability of the Site and/or services.
You hereby agree to indemnify, defend and hold Airtel, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents and licensors harmless from and against any and all liability, losses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from your use of the Site or Content.
13. Third Party Rights.
The provisions of paragraphs, Disclaimer, Limitation of Liability, and Indemnification are for the benefit of Airtel and its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. Unlawful Activity.
Airtel reserves the right to investigate complaints or reported violations of these Terms and Conditions, and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
15. Remedies for Violations.
Airtel reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular internet address to this Site and any other Airtel web sites, features, and networks.
16. Compliance with Laws.
You acknowledge that both national and supranational laws and regulations may apply to this site, including certain content licensing strictures, which prohibit the use, access or display of certain Content to certain countries and persons. You agree to comply strictly with all applicable laws, regulations and orders, and assume sole responsibility for obtaining any additionally required licenses or permissions.
17. Consideration; Continued Compliance with other agreements with Airtel.
You agree and acknowledge that (i) you are responsible for all then-applicable fees, costs and charges incurred while accessing the Site and the Content located therein, and (ii) you are and shall remain responsible for complying with all the applicable terms of any other agreements between yourself and Airtel (or its affiliates).
18. No Exchanges, Returns or Refunds.
For the avoidance of doubt, to the extent you incur charges, costs or fees in accessing the Site and/or the Content therein, you agree and acknowledge that no exchanges, returns and/or refunds will be permitted.
19. Governing Law and Venue.
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflicts of law principles. Any dispute, controversy or claim arising out of or in connection with the Site, the Content and these Terms and Conditions, including any questions regarding its existence, validity, breach, or termination, shall be referred to and finally resolved by arbitration in Nairobi. A tribunal shall consist of a single arbitrator to be appointed by the ICC under the ICC Arbitration Rules. The language of the arbitration shall be English. The parties hereto undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.
All trademarks appearing on this Site are the property of their respective owners.
21. Modifications to Terms and Conditions.
Airtel reserves the right to change these Terms and Conditions at any time. Updated versions of the Terms and Conditions will appear on this Site and are effective immediately, unless otherwise explicitly specified. You are responsible for regularly reviewing the Terms and Conditions. Continued use of this Site after any such changes constitutes your acknowledgment of, and consent to, such changes.
Any notices, demands or other communications may be deemed served by Airtel by posting them on the Site or by email or such other methods as prescribed in this Terms and Condition or by Airtel from time to time. All such notices, demands or other communications are deemed served when: (i) posted on the Site; or (ii) if by email, when sent to your email address notified to Airtel in writing and shall be effective on the date and time of transmission by the mail server operated by Airtel and/or its service provider unless Airtel receives a non-delivery of 'returned mail' reply message or any error message indicating that the email was not successfully sent to your mailbox or your mail server or the mailbox of your designated service provider within (twenty four hours) from the date of transmission of the email from the email server operated by Airtel or its service provider; or (iii) such other method as prescribed in these Terms and Conditions.
These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provision shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
Airtel's failure to exercise any particular right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Airtel in writing.
Revised: November 2013