It is very important that you carefully read and then agree to the terms and conditions below before using the site. If you do not wish to be bound to these terms then you may not access the site. By agreeing to the terms and conditions below you indicate to us that you have both understood and agree to be bound by the terms and conditions.
These terms of use govern your use of our website (datemekenya.com); by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register as a member with our website, we will ask you to expressly agree to these terms of use.
These terms of use are divided into two Parts. Part A contains those general provisions that apply to all website users. Part B contains those terms that apply to our members.
In these terms of use, “membership” means a right to access the restricted areas and features of our website described in Part B, and “member” means a person who has such a right by virtue of Part B.
You must be at least 18 years of age to use our website. We are strictly an adults only website. By using our website and by agreeing to these terms of use, you warrant and represent that you are over or at least 18 (eighteen) years of age, single, separated and/or divorced.
Our website is intended for users residing in Kenya (exceptions might be given to those who travel in and out of Kenya frequently). By using our website and by agreeing to these terms of use, you warrant and represent that you will be residing within Kenya whilst using our website.
Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy / cookies policy.
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website; or
(f) redistribute material from this website, except for content specifically and expressly made available for redistribution (such as our newsletter)
Provided that where content is specifically made available for redistribution, it may only be redistributed to such specific persons and/or organizations as shall be identified.
Unless you are a member of our website, you must not access or attempt to access any area on the website that is restricted to members.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to transmit or send unsolicited communications commercial or otherwise.
You must not use out website for any purposes related to direct marketing schemes without our express consent.
You must not use our website to solicit money, sex or any other legal or illegal activities as the case may be.
In these terms of use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.
You warrant and represent that your user content will comply with these terms of use.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your user content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence [in an explicit, graphic or gratuitous manner];
(m) be pornographic [or sexually explicit]
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
(s) solicitation in any form is strictly forbidden (prostitution, drugs).
Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
We warrant to members that the membership service will be provided with reasonable care and skill, and that we will use reasonable endeavours to maintain the availability of the website (subject to scheduled maintenance) during the term of a membership.
You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law, and subject to the warranty to members in Section 25, we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited, will not be affected by these terms of use.
The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.
Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website; and/or
(h) delete and/or edit any or all of your user generated content.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
In addition to our rights and remedies above, if a member breaches these terms of use in any way, or if we reasonably suspect that a member has breached these terms of use in any way, we may cancel the member's membership. Where we cancel your membership for this reason, or take any other action against you under this Section 8, we will not refund to you the membership charge or any element of the membership charge you have paid.
Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
“Dateme Kenya Ltd” and our logo are duly owned by Dateme Kenya Ltd and no use may be made thereof without explicit prior permission.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Any and all intellectual property rights belong to Dateme Kenya Ltd and can not be used without written authorisation by Dateme Kenya Ltd.
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
Without any notice, we may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent – providing that, where you are a member and a consumer, we will not transfer our rights and/or obligations in any way which may serve to reduce the guarantees benefiting you under these terms of use.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.1
These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.
These terms of use will be governed by and construed in accordance with Kenyan law and will be subject to the exclusive jurisdiction of the High Court of Kenya.
The company’s full name is Dateme Kenya Limited
Registered address;
P.O. BOX 10680 – 80101
MOMBASA MALINDI ROAD
BAMBURI
KENYA
You can contact us by email at [email protected]
Access to certain areas of our website is restricted to members only. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.
Membership is only open to individuals who reside in Kenya, who are single and are at least 18 years of age and are acting in a non-commercial capacity.
Membership is obtained by purchasing one of our membership packages. Thereafter a formal approval will be granted, granting full membership and giving full access to the site
We will not file a copy of these terms of use specifically in relation to each member and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that members print and file a copy of these terms of use for future reference.
These terms of use are provided in the English language only.
The membership charges will be as set out on our website from time to time. All membership charges stated on the website are stated inclusive of all taxes and VAT.
You must pay to us the membership charges in respect of the first and any subsequent period of your membership in advance, in cleared funds, in accordance with the instructions on our website.
We may vary membership charges from time to time by posting new charges on our website. However, such variations will not affect memberships that have already been paid for.
Your membership will be activated automatically following / within 24 hours following receipt of your membership charges in cleared funds. Your membership will continue for one month/ three month/ six month/ 9 month/ one year / the relevant period set out on our website, subject to early termination in accordance with these terms of use.
We provide each member with a login and password to enable the member to access the restricted areas of our website. Members must ensure that their login and password details are kept confidential.
You must notify us in writing immediately if you become aware of any unauthorised use of your login or password.
You are responsible for any activity on our website arising out of any failure to keep your login and password confidential, and may be held liable for any losses arising out of such a failure.
You must not use any other person's login and password to access our website.
During the period of your membership, you will be able, using the login and password details that we provide to you, to access the special website areas and features reserved to members, which may include such facilities to:
(a) access our searchable database of members profiles; and
(b) contact other members using our website messaging system.
(c) arrange and attend events organised by yourself and different members.
(d) access the discussion forum and interact with other members
(e) create personal date ideas as well as like other members ideas
We may, from time to time, vary the benefits available to members at our absolute discretion.
In addition to the warranties set out elsewhere in these terms of use, you warrant to us that:
(a) you have full authority, power and capacity to enter into these terms of use;
(b) all information you supply as part of your member profile is accurate, complete and not misleading; and
(c) you will keep the information you supply as part of your member profile up-to-date.
Save where expressly requested by us to do so on our website, members must not add any information to the website which will facilitate direct communications with other members or other users (including without limitation email addresses, postal addresses, instant messaging IDs, telephone numbers, or fax numbers).
We warrant to all members that all services we provide to you under these terms of use will be provided with reasonable care and skill.
Subject to this and to the first paragraph of Section 6, you acknowledge that we cannot be held responsible for the behaviour of our members, either on or off the website, and we cannot guarantee that any information provided by a member is accurate, complete and not misleading, and accordingly you will not hold us liable in respect of any such matters.
All sales are final; no refund will be given if you change your mind or wish to terminate your membership before the relevant paid up period terminates.
DATEME KENYA RESERVES THE RIGHT TO TERMINATE MEMBERSHIP OF AND EXCLUDE OF AND PERSON FROM THE USE OF THE WEBSITE AND ITS SERVICES, IN THE EVENT OF A BREACH OF THE TERMS OF USE HEREIN OR FOR ANY OTHER REASON