The following are the Terms & Conditions for use of the Gikomba.com Service ("Gikomba.com Service" or "the Service") by any Customer (hereinafter referred to as "the User").

IMPORTANT: In the Common Law of contract, these Terms & Conditions are valid binding and enforceable against all persons that access the Gikomba.com website, web pages or any part thereof. If you do not agree to be bound by these terms & conditions you may not use the Gikomba.com website. Reasonable use of the Gikomba.com website shall automatically bind the user to this agreement.

BY PLACING Gikomba.com  PRODUCTS AND/OR SERVICE ON ANOTHER WEBSITE AND/OR ACCESSING ANY PART OF THE Gikomba.com  WEBSITE, WHETHER BY PLACING A BANNER /LINK AND/OR ANY OTHER ELECTRONIC OBJECT/DATA THE PURPOSEOF ADVERTISING, OR REGISTRATION THE USER IS AGREEING TO ALL THE Terms & Conditions OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE USER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE Terms & Conditions, HE/SHE/IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILLFULLY, AND AGREEING TO STOP ALL USE OF SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.

IF THE USER IS DEEMED TO HAVE ORDERED THE SERVICE, Gikomba.com's ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE Terms & Conditions OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY Gikomba.com, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

THE USER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT-SPECIFIC Terms & Conditions, AND GENERAL Terms & Conditions, THE PRODUCT-SPECIFIC Terms & Conditions SHALL APPLY.

 DEFINITIONS AND INTERPRETATION

The Gikomba.com or Gikomba website means the Gikomba.com website located at http://www.gikomba.com/including any page, part or element thereof, as owned and operated by Telebeeps Communications

Telebeeps Communications means Telebeeps communications, including its owners and business units.

User means any person or entity that enters or uses the Gikomba.com website, notwithstanding the fact that such person only visits the home page of the Gikomba.com website.

Hyperlinks herein should be deemed to be part of these Terms & Conditions in terms of Applicable Law in regard to Internet technology and terminologies.

1. THE SERVICE

The SERVICE consists of free Commercial advertising via SMS/Email form Advertisers, a Browser interface,Message application, Web page Advertising and/or access, e-mail facility, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications and /or Internet Services) incurred while using the Service. All User listing if classified as "Basic Listing" is absolutely free or Charge. All User listing if classified as "Premium Listing" is chargeable and all fees are payable upfront, prior to activation of such "Premium Advertisements". The applicable costs will be availed on request.

Gikomba.com makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. Gikomba.com reserves the right to change or terminate the Service and/ or alter the Terms & Conditions of this Agreement at any time without any notice. All fees paid to Gikomba.com when such termination occurs are addressed in the sections below.

Messages shall be deemed to have been delivered when Gikomba.com has delivered/sent the messages to the immediate destination that Gikomba.com's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. Gikomba.com does not guarantee delivery on behalf of Mobile telephone networks or mail servers.

Gikomba.com lays no claims to its network coverage. Although Gikomba.com  focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time not to be part of Gikomba.com  or its service providers' networks, with or without any given notice or as per the prevailing terms of service or lack of such terms or agreements. This may result in messages not being delivered.

2. USE OF PROPRIETARY SOFTWARE AND/OR WEB SPACE.

Subject to the Terms & Conditions of this Service Agreement and applicable Kenyan Law, Gikomba.com grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, and/or Advertisement web space in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the Gikomba.com Service Agreement. The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application/Web page(s); or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application/Web page(s); use the software/application/Web page(s) for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Gikomba.com  products and/or services. As between the parties, the User acknowledges that Gikomba.com , and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE USER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account for usage of the Service, the User must complete the registration process by providing Gikomba.com with current, complete and accurate information as prompted by the Membership/ registration Form. Inaccurate details will result in suspension. The User will also choose a password, provide a mobile number and a member account will be assigned. The User is entirely responsible for maintaining confidentiality with regard to his/her/ its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its/their account. Gikomba.com will not be held liable to any third party claims and/or actions taken with respect to services offered. IT IS RECOMMENDED THAT THE USER CHANGES THEIR/ITS PASSWORD OCCASIONALLY BY FOLLOWING THE INSTRUCTIONS IN "User Profile".

The User agrees to notify Gikomba.com immediately of any unauthorized use of its/their account or any other breach of security or violation of his/her/its personal information like mobile number, etc.

4. MEMBER PRIVACY

It is Gikomba.com's policy to respect the privacy of the User. Gikomba.com  will not monitor, edit, or disclose any personal information about the User or the User's Gikomba.com account, including its contents, without the User's prior permission unless Gikomba.com  has a good faith and belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of Gikomba.com ; (3) enforce this Service Agreement or protect Gikomba.com's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by Gikomba.com ; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User, or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. Gikomba.com's service Displays the User's Advertisement details e.g. name (From field), contact telephone number, etc or any other details that User may choose to be displayed on our Website while advertising.

The User agrees that Gikomba.com may access its/their account, including its contents, as stated above or to respond to service or technical issues.

Gikomba.com WILL ENSURE QUALITY ADVERTISING MESSAGES AND DETESTS SPAMMING OR ABUSE. THE USER HEREBY GRANTS Gikomba.com THE RIGHT TO SEND THE USER COMMUNICATION VIA E-MAIL AND/OR SMS OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT Gikomba.com DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO THE SERVICE OR OTHER COMMERCIAL ADVERTISEMENTS. Gikomba.com WILL APPLY DILIGENCE TO ENSURE THAT RELEVANCE OF SUCH COMMUNICATION MESSAGES IS OPTIMIZED BUT DOES NOT GUARANTEE SUCH RELEVANCE AND/OR ACCURACY OF THE CONTENT OF SUCH COMMUNICATION.

5. SERVICES (PREMIUM AND/OR FREE SERVICES)

Any User wishing to use Gikomba.com's Premium rated AND/OR Free services shall do so subject to such Terms & Conditions as may be imposed by Gikomba.com in its premium rated Service and/or free service (Contained in the "Advertisement Application form" and " Free Advertising Form").

The costs associated with the premium rated services shall be as set out in the application form.

Premium web advertisements are billed on a monthly basis with a minimum advertisement period being one month; a User has no limitation on how many months they can pay in advance for a particular advertisement.

The User shall not use, or knowingly allow others to use, other Users' Contact information displayed on this website, for any purpose which in Gikomba.com's opinion is improper, immoral or unlawful. Such contact information must be used by all Users ONLY for the purpose of furthering legal business or the advertisement at hand.

The User will not act, or omit to act, in any way likely to injure or damage any person, property or the Gikomba.com Service or cause the quality of Gikomba.com's service in general to be impaired or interrupted in any manner whatsoever.

Gikomba.com shall be entitled, at any time, and without liability to the User or any third party, to modify, expand, improve, maintain or repair the Gikomba.com service, notwithstanding that this may require suspending the operation of the Gikomba.com Web and or SMS service. Gikomba.com shall not warrant advance notice to the User with of any such suspension but will endeavor to minimize the duration thereof in so far as this is reasonably practical.

The User warrants that their Advertisements do not and will not contravene any laws or regulations of the Republic of Kenya, or the countries in which these services are offered, and in particular any laws relating to privacy, spamming, gaming and gambling, and the User indemnifies, holds harmless and shall defend Gikomba.com against any claim, action or damage suffered or incurred by Gikomba.com as a result of a breach by the User of this warranty.

The User will not be entitled to use any of Gikomba.com's' trademarks (whether registered or unregistered) or to make reference to Gikomba.com in any advertising, publication or communication related to the Internet/Website ,SMS Services or otherwise, other than such usage as permitted by Gikomba.com  in writing.

For Premium SMS Services, the User's account must have enough credit otherwise; Gikomba.com reserves the right to terminate this agreement immediately.

The charges applicable to this service can be requested from Gikomba.com via e-mail by the User.

The User is not allowed to use the Gikomba.com logo, trademark, slogan or any other device or form of intellectual property belonging to Gikomba.com in your advertising without the prior written consent of Gikomba.com.

In all advertising where possible, the User's name must be stated so that the client is made aware that it is the User and not Gikomba.com that is offering the User's service or Products. Expressions such as "courtesy of XYZ Ltd" are sufficient.

6. MESSAGE/ADVERTISEMENT AND OTHER LIMITATIONS

Gikomba.com assumes no responsibility for the deletion or failure to store information. Gikomba.com has set no fixed upper limit on the number of messages the User may receive or send. There is also no limit to the number of Premium Advertisements a user can place on our website, but the number of free advertisements/listing is fixed to one per each category as a Seller or a Shopper. The continuation of a Premium advertisement is determined by whether a User has paid for the Advertisement for such advertisement. Gikomba.com reserves the right, at its sole discretion, to determine whether or not the User's conduct is consistent with the letter and spirit of the Service Agreement and may terminate the Service if the User's conduct is found to be inconsistent with the Agreement. Please see POINT 16 below for more information on procedure at termination of the service. Gikomba.com may, in the future, without prior notification, limit the amount of storage space or number of Messages sent or received by each Member.

7. MEMBER CONDUCT

Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its/their account or password, including the content of any transmissions and/or Advertisement through the Service. By way of example, and not as a limitation, the User agrees not to:

Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);

Harvest or otherwise collect information about others, including email addresses and Telephone/Fax Numbers, without their consent;

Create a false identity mobile phone/email/Fax address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin/owner of the message/advertisement;

Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

Libel, defame or slander any person, or infringe upon any person's privacy rights;

Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;

Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or

Engage in any other activity that Gikomba.com believes could subject it to criminal liability or civil penalty or judgment.

8. FEES, PAYMENT AND YOUR RIGHT TO CANCEL

FEES. In consideration for the use of Gikomba.com's services, the User shall pay to Gikomba.com a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect, and or website advertisements, Gikomba.com may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effective.

All fees are payable upfront. Failure to purchase airtime and/or web-space upfront will result in suspension of the services. Upfront payment refers to a payment that is made within a reasonable time so as to allow Gikomba.com to send SMS alerts to members or place a premium web based advertisement.

PAYMENT. Transaction fees are due and payable at the time of or before Gikomba.com delivers a message to the User's recipients, via every method of delivery based upon the billing plan selected by Gikomba.com. Payment shall be deemed to have been made as soon as the fee is available in Gikomba.com's or Telebeeps Communications' bank account or Cash has been effectively received and a receipt issued for the same.

TERMINATION OR CANCELLATION BY THE USER. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective, the User must carry out such termination in accordance with the policies and procedures established by Gikomba.com, which may be posted in the Billing Information section or similar location within the Gikomba.com website or via email. Any questions concerning the appropriate method by which to cancel this Agreement should be addressed to admin@Gikomba.com

Should there be a cost increase AFTER the User has paid for airtime credit or web advertisement, Gikomba.com will give the User immediate notice of such an increase, which will be applicable to such monies that is still in the User's account. The User will be notified immediately and the new rates will be effective from the first day of the following month or within 14 days, whichever is more. Within this notification period the User may decide to continue with the service and the said increase, or to suspend the service upon which Gikomba.com will refund the User to the value of any credit that may be left over in the User's account. In case of web advertisement, the advertisement must complete the current minimal full term (one month) at the contractual rates.

The User acknowledges that Gikomba.com is dependant on various telecommunications networks and institutions for the delivery of its messages/Advertisements and that Gikomba.com may adjust its prices and offering, should the prices be adjusted due to reasons which are not in Gikomba.com's control. Gikomba.com undertakes to notify the User of such adjustments in writing/email, prior to implementing such adjustments. Should the User's account not have any credit left, the said account will automatically expire. The account will be re-activated upon payment for new airtime credit. Any monies paid for the purchase of airtime or web space must be used up within 120 days from the date on which it had been paid. Gikomba.com may extend this period on a case-by-case basis at its sole discretion.

Gikomba.com is not bound to explain to a User the causes or reasons for any price hikes or charges for its services and all refunds will attract a 10% charge to cater for Administrative expenses.

SMS ALERTS-BASED BILLING PRINCIPLES.Gikomba.com will charge a standard fee per SMS message sent through its system to Kenyan recipients. This rate is published on Gikomba.com's services page from time to time, and Gikomba.com charges the published rate when a message is sent through the system.

WEB-PREMIUM AVERTISEMENT BILLING PRINCIPLES.Gikomba.com will apply a standard rate to determine the charge for a premium web advertisement depending on how much space that particular advertisement has taken up. This advertisement may be by way of an electronic Banner, Image, text or Hyperlinks. This rate will be published on Gikomba.com ' coverage page from time to time.

9. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION

MODIFICATION OF TERMS.Gikomba.com frequently updates, modifies, and otherwise continually seeks to improve the Gikomba.com services and products. Such changes often dictate that Gikomba.com simultaneously modify Gikomba.com's Terms & Conditions of Use. As such, Gikomba.com shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the Gikomba.com service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted, shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.

TERMINATION, CANCELLATION AND / OR SUSPENSION BY GIKOMBA.COM; DISCLOSURE OF INFORMATION. This Agreement and the license granted here under may be terminated, canceled and/or suspended by Gikomba.com  at any time if, in Gikomba.com's sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by Gikomba.com shall be effective immediately upon notification by Gikomba.com to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, Gikomba.com may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. Gikomba.com reserves the right to suspend the User's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the User's status as being a Gikomba.com Client, financial status of the User or the content of the messages originating from the User.

In the event that Gikomba.com receives complaints from recipients or third parties with respect to the use of the Service, Gikomba.com additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.

TERMINATION OR CANCELLATION BY THE USER. The User is free to terminate or cancel this Agreement at any time, in accordance with Section 9.

OBLIGATIONS UPON TERMINATION AND/OR CANCELLATION. Upon any termination, cancellation and/or suspension of this Service Agreement, the User is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of Gikomba.com  (in whole or in part) where said suspension arises from the User's failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using Gikomba.com  and remove all Gikomba.com  software and applications on any computer, database, server (local or remote) in your possession or under its control. Gikomba.com shall have no obligation to the User after any termination or cancellation of this Service Agreement, excepting the point below.

FINANCIAL OBLIGATIONS OF GIKOMBA.COM UPON TERMINATION AND/OR CANCELLATION. Should the termination of services result in a situation where the User still has credit (or messages that are pre-paid) at any stage, the User shall receive back the monetary value of such credit in full, save any expenses that may be incurred by Gikomba.com to facilitate this remuneration, including but not limited to payment commissions, transfer duties, legal costs, third-party involvement.

10. NO WARRANTIES OR LIABILITIES

GENERALLY IF APPLICABLE, AND AS FAR AS ALLOWED BY LAW, Gikomba.com  (INCLUDING ITS OWNERS, EMPLOYEES, SUPPLIERS, INTERNET SERVICE PROVIDERS, PARTNERS, AFFILIATES AND AGENTS) SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF ANY NATURE INCURRED BY WHOMEVER AND RESULTING FROM USE OF THE SERVICE AND THE INTERNET GENERALLY, ACCESS TO THE Gikomba.com  WEBSITE, ACCESS TO WEBSITES LINKED TO THE Gikomba.com  WEBSITE, INABILITY TO ACCESS THE Gikomba.com  WEBSITE; INABILITY TO ACCESS WEBSITES LINKED TO THE Gikomba.com  WEBSITE, CONTENT AVAILABLE ON THE Gikomba.com  WEBSITE, SERVICES AVAILABLE FROM THE Gikomba.com  WEBSITE, PRODUCTS AVAILABLE FROM THE Gikomba.com  WEBSITE, DOWNLOADS AND USE OF CONTENT FROM THE Gikomba.com  WEBSITE, AND/OR ANY OTHER REASON NOT DIRECTLY RELATED TO Gikomba.com's GROSS NEGLIGENCE AND THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IS AT ITS OWN RISK AND THAT Gikomba.com  IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. Gikomba.com  WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO Gikomba.com  AVAILABLE TO THE USER THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE USER WILL BE ABLE TO ACCESS Gikomba.com  AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

Whilst Gikomba.com will ensure that the service is reasonably available at all times, and will at all times endeavor to maintain connections to as many aggregators, gateways and Carriers as are, in its discretion, commercially viable and make all upgrades to the Gikomba.com API available to The User in a commercially reasonable and timely manner, the User acknowledges that Gikomba.com cannot guarantee the availability of a Carrier's SMSC and/or web-hosting server. Thus User expressly acknowledges and agrees that use of the service and the internet generally is at its own risk and that Gikomba.com is provided "as is" and "as available" without any warranties whatsoever, express or implied. Gikomba.com will use commercially reasonable efforts to make access to Gikomba.com available to the User, through the required access protocols, but makes no warranty or guarantee that the User will be able to access Gikomba.com at any particular time or any particular location.

Information, ideas and opinions expressed on the Gikomba.com website should not be regarded as professional advice or the official opinion of Gikomba.com, and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Gikomba.com website.

Gikomba.com does not make any warranties or representations that the Gikomba.com website shall be available at all times. Users acknowledge that the Gikomba.com website may be unavailable due to updates or other causes beyond the reasonable control of Gikomba.com, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".

Gikomba.com does not make any warranties or representation that content and services available from the Gikomba.com website shall in all cases be true, correct or free from any errors. Gikomba.com shall take all reasonable steps to ensure the quality and accuracy of content available from the Gikomba.com website.

ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section 10, Gikomba.com  and its affiliates, agents, content providers, service providers, and licensors:

(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF Gikomba.com  GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF Gikomba.com  GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

(ii) SHALL IN NO EVENT BE LIABLE TO The USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS OF THE SERVICE GENERALLY, AND ANY ASPECT ANCILLARY THERETO; (The User AGREES TO INDEMNIFY Gikomba.com PURSUANT TO SECTION 11 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);

WITHOUT IN ANY WAY LIMITING THE FOREGOING, Gikomba.com SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT AND/OR CLAIM IN EFFECT FOR THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY The User AND/OR The User ALLEGING LIABILITY.

HIGH RISK ACTIVITIES. THE Gikomba.com  SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF Gikomba.com  COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, Gikomba.com AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, Gikomba.com ' LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 10 herein, are for the benefit of Gikomba.com  and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

12. INDEMNIFICATION

The User agrees to indemnify, hold harmless, and defend Gikomba.com  and its affiliates, agents, owners, Telebeeps Communications, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agrees to cooperate as fully as reasonably required in the defense of any claim. Gikomba.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User.

13. MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders.

The Gikomba.com website is hosted in the United States of America , controlled but operated from the Republic of Kenya and therefore the Kenyan law enforced by the Kenyan courts, subject to the arbitration provisions elsewhere in this document, governs the use or inability to use the Gikomba.com website, its content, services, products and these terms & conditions. Thus this Agreement shall be governed by and construed and interpreted in accordance with the laws of the Republic of Kenya .

No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind Gikomba.com in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These Terms & Conditions constitute the whole agreement between Gikomba.com and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

14. Gikomba.com API/ WEB SPECIFIC TERMS & CONDITIONS

Gikomba.com offers the facility for individuals or businesses to connect to its server in order to facilitate text messaging and/or website advertisement directly to Gikomba.com's Gateway/Web hosting providers . These terms do not exclude the a foregoing terms in this agreement.

14.1 Gikomba.com reserves the right to approve clients and API connections/banners/links/images/pictures and/or text at its sole discretion.

14.2 Gikomba.com encourages the use and publicity of anti-spam policies.

14.3 The User will be supplied with a password. This will ensure that the connection is at all times secure from Gikomba.com side. Security measures over and above this will be the User's responsibility.

15. USE OF SITE

Gikomba.com  licenses the User to view, download save and print the content of the Gikomba.com  website, provided that such content is used for private, personal, educational and/or non-commercial purposes only or to view, download, save and print this agreement for legal and/or evidential purposes as detailed in section 11(3) of the ECT Act .

Content from the Gikomba.com website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Gikomba.com.

Users may only access, browse and use the Gikomba.com website for legitimate personal or commercial purposes and may not use the Gikomba.com  website or any Gikomba.com  services and/or products for:

Harmful purposes;

Illegal purposes;

disclosing, sharing or publishing material that may be offensive, defamatory, regulated, prohibited, infringing or damaging to any person; and/or

the creation, storage and sending of unsolicited commercial communications.

The caching of the Gikomba.com website shall only be allowed if:

the purpose of the caching is to make the onward transmission of the content from the Gikomba.com  website more efficient;
the cached content is not modified in any manner whatsoever;
the cached content is updated at least every 12 (twelve) hours; and
the cached content is removed or updated when so required by Gikomba.com .

If any User uses content from the Gikomba.com website in breach of the provisions detailed herein:

Gikomba.com reserves the right to claim damages from the User;

Gikomba.com reserves the right to institute criminal proceedings against the User; and
Gikomba.com shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

Hyperlinks to the Gikomba.com website from any other source shall be directed at the home page of the Gikomba.com website. Links beyond the Gikomba.com home page may only be used with Gikomba.com's prior written consent.

Gikomba.com  shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content, products or services available from the Gikomba.com  website, if such content, products or services was accessed through a hyperlink not directed at the home page of the Gikomba.com  website. Persons that wish to link to pages beyond the home page of the Gikomba.com website without Gikomba.com's prior written consent shall do so at their own risk and indemnify Gikomba.com against any loss, liability or damage that may result from the use of such hyperlinks. Gikomba.com's non-liability for deep linking is based on the fact that deep links bypass these terms & conditions.

Users may quote small and reasonable amounts of content available from the Gikomba.com website and only if such a quote is placed in inverted commas and acknowledged.

No person may, without the prior written consent of Gikomba.com, frame the Gikomba.com website in any manner whatsoever.

Apart from bona-fide search engine operators and use of the search facility provided on the Gikomba.com  website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Gikomba.com  website for any purpose whatsoever, without the prior written consent of Gikomba.com .

E-mail addresses, names, telephone numbers and fax numbers published on the Gikomba.com website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Gikomba.com website may be used to communicate unsolicited communications to Gikomba.com and all rights detailed in 45 of the ECT Act are reserved.

All licenses and/or permissions granted in terms of this section are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Gikomba.com at any time without prior notice or reasons.

16. CODES OF CONDUCT

Gikomba.com may provide hyperlinks to websites not controlled by Gikomba.com ("target sites") and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites. Gikomba.com does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use, inability to use or content available on or through target sites

17. SECURITY

Gikomba.com shall take all reasonable steps to secure the content of the Gikomba.com website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Gikomba.com does not make any warranties or representations that content shall be 100% safe or secure.

Subject to applicable provisions of Kenyan laws, the general requirements for a valid electronic invoice issued by the Kenyan Authorities, if applicable, Gikomba.com  is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Gikomba.com  website.

Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy-ware, to the Gikomba.com website or the server and computer network that support the Gikomba.com website.

Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Gikomba.com website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Gikomba.com harmless against any and all liabilities, damages, risks and losses that Gikomba.com and its partners/affiliates/owners/Telebeeps Communications may suffer as a result of such delivery, attempt or damaging code.

Users may not develop, distribute or use any device or program designed to breach or overcome the security measures of the restricted pages, products and services on the Gikomba.com website and Gikomba.com reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programs.

18. INTERCEPTION OF COMMUNICATION

Subject to the provisions of the applicable laws of Kenya, User agrees to Gikomba.com's right to intercept, block, filter read, delete, disclose and use all communications (including all "data messages" ) sent or posted by the User to the Gikomba.com website, its staff and employees.

The User agrees and acknowledges that the consent provided by the User above satisfies the "writing" requirement as per the applicable laws.

20. CODES OF CONDUCT

The User warrants that it will comply with the following codes of conduct as required by all services providers who operate service in any of the following territories. The codes of conduct are incorporated herein as is specifically stated