1. Introduction
Welcome to Sanaa Kama Biashara a platform for creatives to learn and showcase their talent.
2. Terms of Service
These terms of service are entered into by and between You and Sanaa Kama Biashara (SKB). ("Company," "we," "our," “website” or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively "Terms of Service"), govern your access to and use of www.sanaakamabiashara.com, and offline services including any content, functionality, and services offered on or through www.sanaakamabiashara.com (the "website").
Please read the Terms of Service carefully before you start to use the website.
By using the Website (or by clicking to accept or agree to the Terms of Service when this option is made available to you), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at /privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.s
By accessing and using this website; you accept and agree to be bound and comply with these terms of service. You represent and warrant that you are of legal age (18 years old and above) to form a binding contract with us.
3. Updates to terms of service
We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the website and our services thereafter.
If we modify the terms, depending on the changes, we will post the changes at the top of the page and notify you through our user-interface or by email service you have provided.
Continuing to use the website and services following the revised Terms of Services means that you accept and agree to the changes.
4. Your Obligation
i.In order to be an SKB member you must be at least 18 years’ old.
ii.If you choose to register for the services, you agree to maintain accurate, true and compelete information as prompted by the registration form.
iii.You are responsible for maintaining the security of your account and password. Any action taken on your account will be viewed as done by you.
iv.Your account must be operated by you alone. You may not share your account, your login information, access to your SKB membership, or any other content contained in the service with anyone else.
v.You agree to notify SKB of any unaothorized use of your password or account or any breach of security.
vi.SKB will not be liable for any loss or damage from your failure to comply with the security obligation.
5. Membership Terms
i.Upon payment of the subscription fee you will be able to access member trainings and content both online and offline.
ii.Your paid subscription will cater for selected member activities such as trainings and member only content.
6. Prohibited Activities
You may use the website only for lawful purposes and in accordance with these Terms of Service. To use our Services, you must agree to comply with the following:
i.You will not upload, share or post, transmit, distribute or otherwise make available any content that you do not have a right to make under any applicable law.
ii.You will not transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
iii.You will not engage in any action that constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming), chain letters or any other form of unauthorized solicitation or any form of lottery or gambling.
iv.You will not violate any applicable laws or regulation (including without limitation, any laws regarding data protection)
v.You will not partake in any behavior nor upload, share, post transmit, distribute or otherwise make available any content that victimizes, harasses, degrades or intimidates and individual or group of individuals, including on the basis of religion, gender, race, ethnicity, age, disability or sexual orientation.
vi.You will not stalk, harass, or harm another person via use of the services, including SKB personnel.
vii.You will not impersonate any person or identity, including any of our employees or representatives or users or otherwise misrepresent your affiliation with a person or entity.
viii.You will not harvest or otherwise collect information about other users of the Services, including email addresses without their express or written consent.
ix.You will not interfere with any SKB content or user content.
x.You will not interfere with or remove any copyright, trademark or other proprietary notices contained on our website, SKB services or any works other than your own.
xi.You will not interfere or attempt to interfere with the proper working of our website or our Services or any services conducted through them, including bypassing any measures we may use to prevent or restrict access to the services, or by circumventing or manipulating our services.
7. Intellectual Property Rights
The website and its entire contents, features, functionality (including but not limited to information, text, images, videos, software, audio, design and the arrangement thereof) are owned by the Company, its licensors or other providers of such material.
These Terms of Service permit you to use the website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.
You must not:
Modify copies of any materials from this site.
Delete or alter any of the copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website and services will be terminated and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
8. SKB Rights
We have the right, without provision of notice to:
i.Take appropriate legal action, including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website; and
ii.Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Service.
iii.You waive and hold harmless SKB parties, its representatives and successors from any and all claims resulting from any action taken by us and any of the parties relating to any investigations by either SKB or law enforcement authorities.
iv.Upon request by us, you agree to defend, indemnify and hold us and other SKB parties harmless from all liabilities, claims and expenses including legal fees that arise from your violation of these Terms of Service.
9. Third Party Links and Content
For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
10. Subscription and Payments
You may be required to purchase or pay a fee to access our services.
i.Your subscription allows you to access member only services on the SKB platform both online and offline.
ii.You will select and pay for the subscription relevant to your category of choice.
iii.Your subscription will give you access to curated services and trainings for the year 2024.
iv.Payment for subscription services shall be done through available mobile money payments. You acknowledge that all payment services available on the SKB website are provided by third parties.
v.SKB shall not take responsibility as to the legal compliance, reliability/availabity of such systems and/or the completion of payments made throught them.
vi.Subscription payments will be deemed to have been made at the time they are actually received by SKB.
We reserve the right to correct any errors or mistakes in pricing, even after payment. We also reserve the right to refuse any subscription request placed through the Website.
11. Privacy Policy
SKB is committed to maintaining private information of all members and users of the website and services. This Privacy Policy sets out our information use and privacy to help you make informed decisions when using our services.
Personal Information
i.In addition to any information that may be provided automatically by your browser and mobile device when accessing our website, SKB receives certain information that you use to create your membership account or which you may otherwise provide to SKB. Some of this is Personal Information.
ii.By using our website, you are authorizing SKB to store and use this information, including your email address, names and telephone numbers. SKB will store your Personal Information as long as you have an SKB account and thereafter retained as long as it is required to fulfill contractual or legal requirements.
iii.The Personal Information provided is stored in Kenya and technical security measures have been put in place to protect the data as required by the Data Protection Act 2019.
Use of Information
i.Except as otherwise stated in these Terms of Service, SKB shall not trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent.
ii.SKB may use your Personal Information to communicate with you including without limitation, contacting you (including without limitation, by calling you, sending you messages and/or push notifications) in response to questions, to solicit feedback from you, to provide technical support and to inform you about promotional offers, new products and incidental matters.
iii.SKB may use your email address and other contact information to inform you about SKB services, such as letting you know about upcoming changes or improvements.
iv.If any Personal Information provided is wrong, SKB shall provide ways to update quickly or delete it unless SKB decides to keep that information for legitimate business or legal purposes. In addition, you may at any time make a request to SKB for rectification of any inaccurate Personal Data or for completion of any incomplete Personal Data. When updating, rectifying or completing your Personal Information, SKB may ask you to verify your identity before acting on your update, rectification or completion request.
v.SKB may, at its discretion, provide Non-Personal Information to advertisers and other third parties. No part of this Privacy Policy shall be interpreted to limit in any way SKB’s use or disclosure of Non-Personal Information.
Rights Regarding the Use of your Personal Information
i.You have the right at any time to prevent SKB from contacting you for marketing purposes. When SKB sends you promotional messages to you, you may, subject to these terms, opt out of further promotional communication by writing or calling SKB.
ii.You have the right to lodge a complaint in writing to SKB regarding the use of your Personal Information.
12. Termination
i.SKB may terminate the legal relationship with you and close your membership account as follows;
ii.For convenience or without reason subject to a 21 days’ notice;
iii.If SKB stops providing the service or any features within the service for any reason upon giving 21 days’ notice;
iv.If you have breached the Terms of Service (or have acted in a manner that you do not intend to comply with the terms of service) upon giving you 7 days’ notice;
v.If SKB is required to do so by law or any lawful order in accordance with such law or order;
vi.You may terminate your relationship with SKB by closing your membership account;
vii.Except as otherwise stated herein, you agree that all payments made to SKB are non-refundable and that SKB will not refund any partial payments upon termination.
13. Entire Terms of Service
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party.
No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of Company.
14. Governing Law
The Website and these Terms of Service will be governed by and construed in accordance with the Laws of Kenya. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of Kenya, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
