Terms & Conditions

GENERAL

Welcome to the Twende, subscription service at KES30/day operated by the company Nexus Enterprises LTD, 12/F, Henley Building, 5 Queen's Road Central, Central, Hong Kong. By subscribing and using this service, you are agreeing to comply with and be bound by the following terms and conditions of use ('Terms of Use'). Web site: www.twende.me

Please read the below Terms of Use carefully, because your use of the service constitutes your agreement to these Terms of Use. If you disagree with any part of these Terms of Use, please do not use our service. Twende, in its sole discretion and without notice to you, reserves the right to make changes to the Site and these Terms of Use from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the service, you agree to accept any such changes.

Definitions

BY ACCESSING THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.

To take advantage of this service you need to be 18+. The service is available via WEB and WAP. WAP access may be subject to additional GPRS cost imposed by your Network Operator. Please contact your Network Operator for more information. There are several ways for deactivating your service: to dial *100*5# or *200*5#, to send STOP to 31333, to send a request to our support email :[email protected]

Twende is a social network with high quality and engaging content – photos, videos, blog texts. Its main feature is to enable users to interact with the existing service content and to upload their own photos and videos. Further, users can rate, like and leave their comments on all photos and videos. Every user has his/her own profile with basic information such as: username, name, surname, gender, birth date, relationship status, interest, email ID. Users can look at each others profiles, view content any user has uploaded or interacted with, and send each others messages. Other features include downloading popular ringtones, playing free games, sending free of cost SMS&MMS, chatting, and browsing popular iTunes and Google Play store app links. All features are adjustable according to the market specifications and regulations. In case that the market has strict content policies, adult and religious content will not be allowed or uploaded to the service. Any discriminatory content is strongly forbidden in any of our services, regardless of the market type, as described in service's Terms & Conditions. 1) Downloading: photos, videos, ringtones. 2) Uploading: photos, videos. 3) Rating: photos, videos. 4) Commenting: photos, videos. 5) Free games. 6) Free SMS. 7) Free MMS. 8) Chat. 9) Profile View/Editing. The only cost is a subscription fee: 30KES/day.

Introduction

By accessing any part of this service and/or registering as a user of the service, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you are obligated to deactivate the service.

Unless specified otherwise, the materials published are directed solely at those who access the service from Kenya. Those who choose to access this site and the service from other locations are responsible for ensuring compliance with local laws if and to the extent that they are applicable.

You must be older than 18 years to register as a user or access the service. If you are under 18 please get a parent's or guardian's permission before making any contribution.

Services are non-transferable to other users or accounts and have no cash or monetary value. The service contains information, facts and opinions from various sources. The service is provided on an 'as is' basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied Warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither Tristar Trading Ltd. nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the Service.

Service Access

Whilst we endeavour to ensure that this site is normally available 24 hours a day, we shall not be liable for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Information Contained on the Site

While we endeavour to ensure that the information on this Site is correct we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site or described in it, at any time without notice. The material on this site may be out of date, and we make no commitment to update such material. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you via SMS about changes to the service or provide notices of changes by displaying notices or links to notify you generally on the service. Please review the terms and conditions periodically. Your continued use of the service following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

The material on this site is provided 'as is', without any conditions, warranties or other Terms of Use of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this site on the basis that we exclude all representations, warranties and conditions and other Terms of Use (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Site.

License, Copyright and Trade-marks

The following trade-marks used herein are owned by Twende:

Subject to the requirement that you must not visit or use this site for the purposes of Commercial Gain, you are permitted to print and download extracts from this site for your own personal use on the following basis:

  • no documents or related graphics on this Site are modified in any way;
  • no graphics on this Site are used separately from accompanying text; and
  • our copyright trade mark notices (or our licensor's) and this permission notice appear in all copies

Any use of any extracts from this site other than in accordance with the above for any purpose is prohibited. If you breach any of the Terms of Use in this legal notice, your permission to use this Site will automatically terminate and you must immediately destroy any downloaded or printed extracts from this Site.

Subject to the above, no part of this site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

Any rights not expressly granted in this legal notice are reserved.

Prohibited Uses

You may use our service only for lawful, personal and non-commercial purposes. You may download or copy the content displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not use our service and site:

    in any way that breaches any applicable local, national or international law or regulations;
  • in any way that is unlawful, fraudulent, or has any unlawful of fraudulent purpose or effect; for the purposes of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use material which does not comply with our content standards below;
  • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).

Interactive Services

We may from time to time provide interactive services on our Site, including, without limitation:

  • Message boards (comments)
  • Ratings
  • Image Uploading

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular minors) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

User Uploaded Content and User Conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material or articles you transmit or post to this content shall be considered non-confidential and non-proprietary. You retain your rights to any content you submit, post or display on or through the site. By submitting, posting or displaying content on or through the site, you grant us a worldwide, irrevocable, perpetual, unrestricted, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, translate, perform, publish, transmit, create derivative works from, display, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public) and otherwise use and exploit such Content in any and all media or distribution methods (now known or later developed) for any purpose (including for commercial or promotional purposes) without notice or compensation and you hereby waive all moral or author's rights in such content. Posts containing commercial solicitations or promotional messages for products and services (including but not limited to references or links to other commercial websites) are prohibited. We also prohibit the use of our community to solicit donations or to promote fundraising activities without our prior express written approval. Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the site. We shall have no obligations with respect to such content. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such content and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

These content standards apply to any and all content which you contribute to our service, and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any content as well as to its whole. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who organized such content. We may not monitor or control the Content posted via the Site and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via this service or obtained by you through the site is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the site or endorse any opinions expressed via the site. You understand that by using the site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere even if we have been advised of the possibility of such loss or damages.

Content must:

  • Be accurate (where they state facts);
  • Be civil, courteous, respectful and in good taste;
  • Be genuinely held (where they state opinions);
  • Comply with applicable law in Kenya and in any country from which they are posted.

Content must not:

  • infringe, violate or otherwise interfere with any copyright or trade-mark of another party;
  • infringe on any intellectual property right of another or the privacy rights of another;
  • contain swearing or vulgar language;
  • be libelous, defamatory, abusive, threatening, harassing, prejudicial, intimidating, menacing, hateful, offensive or otherwise violates any law or right of another party;
  • contain unlawful or objectionable content including but not limited to material which is sexist, racist, homophobic, obscene, profane, pornographic or defamatory;
  • promote sexually explicit material, violence or any illegal activity;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright or trade-mark infringement or computer misuse; and contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

We reserve the right at all times (but will not have an obligation) to remove, modify or refuse to distribute any Content on the Site, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these Terms of Use.

Violation of the Terms of Use

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the service. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms of Use constitutes a material breach, and may result in our taking all or any of the following actions:

  • immediately, temporary or permanent withdrawal of your right to use our service;
  • immediately, temporary or permanent removal of any posting or material uploaded by you to our service;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you;
  • disclosure of such information to such law enforcement authorities as we reasonably feel is necessary.
  • We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited, and we may take any other action we reasonably deem appropriate.

Disclaimer of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AFFILIATES AND LICENSORS AND ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, IN CONNECTION WITH THIS SITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR THE MATERIAL ON SUCH WEBSITES INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS SITE OR ANY WEBSITES LINKED TO THIS SITE. IF YOUR USE OF MATERIAL ON THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, YOU ASSUME ALL COSTS THEREOF. YOU ALSO AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREIN IS AT YOUR SOLE RISK.

Termination

We may modify, discontinue or terminate these Terms of Use (in part or in whole) and deny you access to the service at any time, immediately and without notice, if in our sole discretion, you fail to comply with any term or condition in these Terms of Use. Nexus Enterprises LTD, T&C