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Website Legal Disclaimer

APD Ltd.  (hereafter “we”, “our”, “us” or “APD” is a Limited Company registered in Mauritius, Mauritius.

THE FOLLOWING TERMS ALONG WITH THE DISCLAIMER AND PRIVACY POLICY SERVE AS THE AGREEMENT GOVERNING THE VISITOR’S USE OF THIS WEBSITE. THE PARTIES TO THIS AGREEMENT INCLUDE “COMPANY” WHICH WE MAY REFER TO AS “WE” OR “US” AND THE VISITOR TO THE SITE, WHO WE MAY REFER TO AS “YOU.” BY USING THIS SITE, YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. PLEASE READ THE FOLLOWING. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS.

DISCLAIMER

This disclaimer applies to the Website https://www.APD.com/ and all of its pages (“Website”) managed by APD.

APD website contains general information about the company, and is for general information only. APD assumes no responsibility for errors or omissions in the contents of the website. By using this Website, you expressly agree with this disclaimer and privacy policy (hereafter “disclaimer). We kindly ask you not to use this Website if you do not agree with any of all of the provisions of this disclaimer. We reserve the right, in our sole discretion, to change, modify, add or remove portions of this disclaimer at any time. You should check this disclaimer periodically for changes. By using this Website after we post any changes to this disclaimer, you agree to accept those changes whether or not you have reviewed them. The site is provided on an as is and as available basis.APD expressly disclaims all warranties of any kind, whether express or implied including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are non-infringing as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error- free; that the site will be secure; that the site or the server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from the site you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written obtained by you from APD through or from the site shall create any warranty of any kind APD does not make any warranties or representations regarding the use of the material on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

INTRODUCTION

APD owns all copyrights unless otherwise stated. Without prior written consent of any content (including photographs) from the website shall not be copied, distributed, photocopied, played, linked or transmitted with super-links, loaded into other servers in mirroring method, stored in information retrieval systems and / or used for any other commercial purpose by any person in any means, unless otherwise downloaded or printed for non-commercial and/or individual use (under the condition that revision shall not be made and the copyright statements or other ownership statements in the materials shall be reserved). This website includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
The content of the pages of this website is for your general information and use only. It is subject to change without notice.

PRIVACY POLICY

APD is committed to ensuring that your privacy is protected. Any information we may gather about you is used by us only in accordance with this privacy statement, so that we can make our website easier to use and more relevant to you, and keep you informed of our organization.

Authorized employees within the company may, on a need-to-know basis only, use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers

APD does not sell, rent or release information gathered on our website to any individuals, companies or groups. Any information we gather is used for APD’s own purposes as stated above.

APD may change this policy from time to time by updating this page.

COPYRIGHT NOTICE

The copyright in the contents of this website belongs to APD Accordingly, APD reserves all rights. All content on this website (including without limitation text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software as well as the selection and arrangement thereof) is the exclusive property of and is owned by APD its licensors or its content providers and is protected by copyright trademark and other applicable laws in Kenya.

Nothing on this site shall be construed as granting by implication, estoppels or otherwise any licence or right to use any trademark, logo or service mark displayed on the website without APDs prior written permission. APD reserves all rights not expressly granted in and to the website and its content.

Copying of part or all the contents of this website without the prior written permission of APD is prohibited except as set out below;

You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any copy you make must include this copyright notice: Copyright  by APD Limited.

No part of this website (or any of its contents) may be distributed, reproduced or otherwise communicated to the public whether in electronic form or hard copy for any commercial purpose.

Links to the APD website may not be included in any other website without our prior written permission.

All rights reserved. Any other use of content on the site including but not limited to the modification, distribution, transmission performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material information, software, products or services obtained from the site, or use of the site for purposes competitive to APD is expressly prohibited. You agree to abide by all additional restrictions displayed on the site as may be updated from time to time.

CONFIDENTIALITY

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by APD will only be in connection with the provision of agreed services and products.

LIMITATION OF LIABILITY

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.

You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognising as much , you acknowledge and agree that, to the fullest extent permitted by the applicable law, neither APD nor its affiliates, subsidiaries, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site or any other site you access through a link from this website or from any actions APD takes or fails to take as a result of communications you send to APD or the delay or inability to use the website, or for any information, products or services advertised in or obtained through the website, removal or deletion of any materials submitted or posted on the APD website or otherwise arising out of the use of the website whether based on contract, tort, strict liability or otherwise. This disclaimer applies without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorised access to or alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither APD nor its affiliates, subsidiaries, agents or suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the web site. Your sole and exclusive remedy for any of the above claims or any dispute with APD is to discontinue your use of the site. You and APD agree that any cause of action arising out of or related to the site must commence within six (6) months after the cause of action accrues or the cause of action is permanently barred.

LINKS TO THIS WEBSITE

You may not create a link to any page of this website without APD’s prior written consent. If you create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

LINKS FROM THIS WEBSITE

The website may contain links to other websites which are operated by third parties’ subsidiaries or affiliates of APD These links are provided as a convenience to you and as an additional avenue of access to information contained therein. APD avers that it has not necessarily reviewed all the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. APD is not responsible for any losses, damages or other liabilities incurred as a result of your use of linked sites.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE SITE

APD is not responsible for any inaccuracy in information made available on this site or its incompleteness. The material used on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting   the primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information which is not necessarily current and is provided for your reference only. APD reserves the right to modify the contents of this site at any time but is not under any obligation to update any information on the site. You, the user, agree that it is your responsibility to monitor changes to the site.

MATERIALS SUBMITTED BY USER

If you submit material to the site and unless otherwise indicated by APD you grant APD an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that APD is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to APD. You grant APD and its affiliates the right to use the name you submit in connection with such material if they so choose. All personal information provided through this site will be handled in accordance with the website’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify APD Limited for all claims resulting from content you supply.

You acknowledge that you are responsible for any material you may submit to the site including the legality, reliability, appropriateness, originality and copyright of such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailing, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

APD COPYRIGHT & TRADEMARK

The APD and APD word mark and logo are registered trademarks of APD Limited. All content on this website (including without limitation text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software as well as the selection and arrangement thereof) is the exclusive property of and is owned by APD, its licensors or its content providers and is protected by copyright trademark and other applicable laws in Kenya and other countries.

Nothing on this site shall be construed as granting by implication, estoppels or otherwise any licence or right to use any trademark, logo or service mark displayed on the website without APD’s prior written permission. APD reserves all rights not expressly granted in and to the website and its content.

JURISDICTION AND APPLICABLE LAW

The Laws of Kenya shall govern these Terms and Conditions of the website and you irrevocably consent to the jurisdiction of the courts located in Kenya for any action arising out of or relating to these Terms and Conditions. This site has been designed to comply with the Laws of Kenya. If any material on this site or your use of this site is contrary to the Laws of the place where you are when you access it, the site is not intended for you. You are responsible for informing yourself of the Laws of your jurisdiction and complying with them.

CHANGES TO THE TERMS OF USE

APD reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part at any time, by posting revised terms on the website. It is your responsibility to check periodically for any changes which APD makes to the Terms and Conditions. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes.

ENTIRE AGREEMENT & ADMISSIBILITY

These Terms and Conditions and any policies or operating rules posted on this website constitute the entire agreement and understanding between you and APD Limited In respect of the subject matter thereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written between the parties with regard to the subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any term or condition of these Terms and Conditions shall to any extent be found or held to be unlawful, invalid, void or unenforceable, the remaining provisions shall not be affected and the terms and conditions shall be valid and enforceable to the full extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless APD its subsidiaries, affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities expenses damages and costs including reasonable legal costs and court costs arising or resulting from your use of the site and any violation of these Terms of Use.

CONTACT US

If you have any questions or comments about these Terms of Use or this website, please contact us by emailing us at: info@APD.com  these and other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone or mobile telephone numbers.