TERMS AND CONDITIONS OF USE
Welcome to AIRDUKA (“Company”, “we”, “our”, “us”)!
AIRDUKA (herein referred to as the “Site”) is an online marketplace that connects buyers and sellers/suppliers of products and services.
These Terms and conditions (“Terms”) govern your use of our website located at https://airduka.com/ operated by AIRDUKA.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Service, but please let us know by emailing at [email protected] so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at [email protected] .
CONTESTS, SWEEPSTAKES AND PROMOTIONS
Our Site allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on the site, including its legality, reliability, and appropriateness.
By posting Content on our Site, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on our Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on our Site and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on our Site. However, by posting Content on our Site, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of the Site, who may also use your Content subject to these Terms.
AIRDUKA has the right but not the obligation to monitor and edit all Content provided by users.
PROHIBITED USE OF THE SITE
While using the Site, you will not:
post Information or content or list items in an inappropriate category or areas on our Site;
post items you do not have a right to link to or include;
post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libelous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user(s), disrespect another's culture or make any other derogatory or inappropriate comments;
post counterfeit or stolen items;
post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;
post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general Kenyan law, rules, morals, values, ethics and traditions;
post Information or content or list items which may (in our sole discretion) threaten national security;
post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;
use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);
use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another site;
manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other user(s)s);
take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to AIRDUKA);
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming technologies that may harm the Site, or the interests or property of the Site's user(s)s;
create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of the Site;
use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another site;
manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other user(s);
attempt to take over another user(s)'s account or carry out any hacking or phishing of the Site or user(s) accounts and related features;
export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify, or distribute any content from the Site or otherwise infringe the Site's copyright material and/or trademarks in any way;
violate any laws, rules, regulations, guidelines, third party rights or our policies;
abuse AIRDUKA's policies or terms and conditions posted on the Site from time to time.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on our Site.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party site. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
NO USE BY MINORS
By accessing or using our Site, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The use of the site is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the site or reliance on any information on the Site.
Whilst AIRDUKA takes reasonable measures to ensure that the content of the site is accurate and complete, AIRDUKA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the site or as to the accuracy, completeness or reliability of any information on the Site.
AIRDUKA does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction.
AIRDUKA'S role is that of an intermediary in the form of an online marketplace and is limited to managing the website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered, and other incidental services to facilitate the transactions between sellers and the buyers. accordingly, the contract for sale of any of the products shall be a bipartite contract between seller and the buyer.
AIRDUKA does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase.
User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses on the site. The site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). AIRDUKA however, cannot and does not confirm each User(s) purported identity on the Web Site. AIRDUKA encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
AIRDUKA disclaims liability for:
any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the site and/or any content therein unless otherwise provided by law;
Any transactional risks which include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, defective or counterfeit products, unlawful products, refurbished products, illegal products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract, transportation accidents, the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site which may violate or may be asserted to violate Third Party Rights, injuries or harms relating to product originally obtained by User(s) from the site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the site.
User(s) agree that AIRDUKA shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the site, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.
Any views or statements made or expressed on the Site are not necessarily the views of AIRDUKA, its directors, employees and/or agents.
In addition to the disclaimers contained in these Terms and Conditions, AIRDUKA also makes no warranty or representation, whether express or implied, that the information or files available on the Site are free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of AIRDUKA, its employees, agents or authorized representatives. AIRDUKA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Site.
PRIVACY AND DATA PROTECTION
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, AIRDUKA owns all intellectual property rights to the website, including, without limitation, any and all rights, interest in and title to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the website belonging to AIRDUKA without obtaining authorization from AIRDUKA.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service. However, with regard to the product customization service (as against other services like blogs and forums) you expressly agree that by uploading and posting content on to the website for public viewing and reproduction/use of your content by third party user(s), you accept the User(s) whereby you grant a non-exclusive license for the use of the same.
AIRDUKA respects the intellectual property of our general user(s), sellers, buyers and everyone else in general. If you believe that your intellectual property rights are being infringed, please report using the contacts stipulated under these Terms and Conditions by submitting the following information:
IP right(s) infringed
Name/Organizational name of the alleged infringer
Proof of ownership
Any other information that will assist us handle the infringement.
We respond quickly to the concerns of rights owners about any alleged infringement.
LINKED THIRD PARTY SITES
This Site may contain links or references to other sites (“Third Party Sites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Sites and AIRDUKA is not responsible for the practices and/or privacy policies of those Third-Party Sites or the “cookies” that those sites may use.
Notwithstanding the fact that the Site may refer to or provide links to Third Party Sites, your use of such Third-Party Sites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Sites or your reliance on any information contained thereon.
We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit.
You hereby indemnify AIRDUKA against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this site and/or any linked third party site; all claims, terms regarding payment, returns, warranties, shipping, insurance, title, licenses, fines, permits, handling, transportation, storage, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to your breach of these Terms and Conditions or any suit, claim, or demand arising from or relating to any infringement of third party’s rights including any Intellectual Property Rights.
These Terms & Conditions notwithstanding, AIRDUKA reserves itself the right to revoke and terminate your permission to use the Sites and/or to prevent your access to and use of the Sites.
Any termination will not impact the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. In addition, you agree that the site is not liable to you or to any other person as a result of any such termination or suspension
Should any article in the Terms & Conditions herein be deemed illegal, unenforceable or revoked for any reason, it shall be considered severed from the Terms & Conditions herein, will be removed therefrom, and shall have no bearing on the applicability of the remaining articles.
These Terms, and any rights, licenses and obligations granted under these Terms, may not be ceded, delegated, transferred or assigned by you. You agree that AIRDUKA may, at any time and without restrictions, transfer, cede, delegate or assign any or all of its rights and obligations under these Terms. Any cession, delegation, assignment or transfer by you shall be null and void.
UPDATES, MODIFICATIONS AND AMENDMENTS
We may need to update, modify or amend our Terms and Conditions as our technology evolves. We reserve the right to make changes to these Terms and Conditions at any time by giving notice to the user(s)s on this page.
We advise that you check this page often, referring to the date of the last modification on the page If a user(s) objects to any of the changes to the Terms and Conditions, the User(s) must cease using our website and/or services immediately.
GOVERNING LAW AND DISPUTE RESOLUTION
This User(s) Agreement is governed by and construed in accordance with the Kenyan laws. This clause will survive any expiry or cancellation of this User(s) Agreement for any reason.
We shall make an effort to settle all disputes amicably. Any dispute arising out of these Terms and Conditions, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be settled by arbitration in accordance with the NCIA Arbitration Rules. The language to be used in the arbitral proceedings shall be English.
BY USING OUR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support by:
Email: [email protected]
Phone: 0111 108 000
Please be aware these Terms & Conditions may change from time to time. Please check this page occasionally for changes.