Refund And General Liability Policy
1.1 Papas List ( "The Company", herein) may charge a fee to post Ads offering various services on the website (“Paid Ads”). The fee permits Paid Ads to be posted on papaslist.co.ke to improve visibility to users on the website. Each party posting Paid Ads on the website is responsible for the Material and compliance with these terms. Any such fees paid hereunder are non-refundable in the event any Material is removed from the website for violating these terms. Additional terms regarding Paid Ads will be fully stated in the applicable section(s).
1.2 All paid ads are non-refundable after they have been verified, validated and posted on the Platform by the Papas List Team.
1.3 All paid ads that advertise or list several services in one ad will be deleted after 24 hours of their posting and no refund will be given. Within the first 24 hours of the posting, the user can edit the multiple-services to reduce it to one position. If the ad does not get edited to fulfil the Company’s requirements, the ad will be deleted, and no refund given.
2.0 POSTING AGENTS
2.1 The Company prohibits the use of Posting Agents, directly or indirectly, without the express written permission of the Company. In addition, Posting Agents are not permitted to post Material on behalf of others, directly or indirectly, or otherwise access the Service in order to post Material on behalf of others, except with express written permission or license from the Company.
3.0 NO SPAM POLICY
3.1 You understand and agree that sending unsolicited email advertisements or other unsolicited communications to the Company addresses or through the Company computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time the Company may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one User to another in the Company’s e-mail system. Any communication between yourself and any other User utilizing the communication features available on the Service and the Website may be used only in accordance with these Terms.
3.2 Any unauthorized use of the Company computer systems is a violation of these Terms and certain applicable laws, in particular Kenya Cybercrimes legislation. Such violations may subject the sender and his or her agents to civil and criminal penalties. Please note that Kenyan legislation carries significant penalties including imprisonment. In case you intend to solicit or contact our Users by obtaining their email or phone numbers from our Website, we may report this behavior to the relevant authorities, who then may decide to prosecute you under the relevant Kenyan laws.
4.0 LIMITATION OF LIABILITY
4.1 The Company shall not be liable for any:
4.1.1 consequential, indirect, special losses or exemplary damages (even if the Company has been advised of the possibility of such losses or damages);
4.1.2 loss of profit;
4.1.3 loss of business;
4.1.4 loss of revenue;
4.1.5 loss of or corruption to data;
4.1.6 loss of use;
4.1.7 loss of production;
4.1.8 loss of contract;
4.1.9 loss of opportunity;
4.1.10 loss of savings, discount or rebate (whether actual or anticipated);
4.1.11 harm to reputation or loss of goodwill;
4.1.12 loss of anticipated savings,
(In the cases of Clauses 4.1.2 to 4.1.12 (inclusive), whether direct or indirect), howsoever arising suffered by any User arising in any way in connection with these Terms or for any liability of a User to any third party.
4.2 The limitations at Clause 4.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the Website or the Service or any links on the Website, as well as by reason of any information, opinions or advice received through or advertised in connection with the Website or the Service or any links to the Website or Service.
4.3 The limitations in this Clause 4 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that the Company shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
4.4 Whilst the Company will take all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. The User is recommended to take all appropriate safeguards before accessing or downloading information or any Material from the Website.
4.5 The Website includes information and materials uploaded by other users of the Website. This information and these materials have not been verified or approved by the Company and the Company shall not be liable for any material which may be deemed Unacceptable. You further may be exposed to Material that is inaccurate, offensive, indecent, objectionable, defamatory, or libelous and, as far as the law allows, and subject to Clause 6.11, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
4.6 The Company does not guarantee that the Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. The Company may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website or the Service.
4.7 The Company is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
4.8 The Company is not responsible for the direct or indirect consequences of a User linking to any other website from the Website and has not approved such linked websites or the material or information available from them.
4.9 The Company does not guarantee, represent or warrant that the information accessible via the Website is accurate, complete or current. The Company has no liability whatsoever in respect of any use which the User makes of such information. The Website, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
4.10 The Website and the Service have not been developed (and Material has not been written) to meet the individual requirements of the User and it is the User’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Website, the Service and the Material are suitable for its purposes. A User in making any financial or other decision based on Material or other information in the Website accepts that it does so exclusively at its own risk and the Company shall have no liability in respect of the same.
4.11 None of the Clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of the Company or its appointed agents.
4.12 The Website is controlled and offered by the Company from facilities in Kenya. The Company makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
