What do these Terms cover?
These Terms set out important information regarding your rights and obligations, and the restrictions that may apply, when you:
Who uses and who provides the Services?References to "you" or "your" mean you as a user of the Services. References to "we", "us", "our" or "AVETA TV" are to the provider of the Service, which is Komposure Analytics Limited, a company registered in Nairobi, Kenya.
If you have any questions, queries or complaints about these Terms or the Services, please contact us at the email or postal address given in the "Contact Details" section below.
Why should you read these Terms?Please read these Terms (and any applicable third party terms of use and privacy policies) carefully before using the Services. By accessing and continuing to use the Services, you agree to be legally bound by the version of these Terms in force at that time. If you do not agree with any of our Terms then you should not use our Services.
Will these Terms change?Please note that we may update and amend these Terms from time to time and the current version of these terms will be posted on the Website. The version of these Terms that is current at the time you use the Services will apply to your use of those Services. It is your responsibility to ensure you review these Terms regularly to familiarise yourself with any changes. Your use of the Services following any such changes will constitute your acceptance of the revised Terms.
Will any other Terms and Conditions apply to use of the Services?In addition to these Terms, the following terms and conditions may also apply to your use of the Services:
Service-specific Terms: You may be asked to agree to additional terms and conditions ("Additional Terms and Conditions") when using specific Services, for example, before entering competitions or prize draws promoted by us or our partners, submitting materials, subscriptions, purchasing content or other goods via the Services, or using any of our applications which may be available, for example on social media platforms or via a mobile handset. For example, if you are using the AVETA TV on any Platform, the AVETA TV Terms and Conditions will apply. If there is any inconsistency between these Terms and any such Additional Terms and Conditions, the Additional Terms and Conditions will prevail to the extent of such inconsistency.
Third Party Terms: Please also see the section below entitled "Third party content and services" regarding certain pages and services that are provided on our Website and which are managed, hosted and/or operated by a third party.
Who is responsible for the availability and content of the Services?The Services are made available to you by AVETA TV at our sole and absolute discretion. We may modify or withdraw Services, or the period during which they are available, at any time at our sole and absolute discretion. We may do this without notice to you. We have absolute editorial control over the Services (including all the material and/or content made available by AVETA TV via a Platform and/or the Services) at all times.
Who can use our Services?Subject to the section below, you must be at least 18 years old to use our Services. Can children use the Services?If you are under 18 years old:
By accessing and continuing to use the Services, you accept responsibility for reviewing such guidance and information and, where you allow anyone under the age of 18 to access the Services, for ensuring that the Services are suitable for them. Please note that where you are viewing our content using a third party media platform / service provider, we do not usually control how these third parties enable and/or disable access to specific subscribers (e.g. minors). Can I access the Services from anywhere?Some of our Platforms and Services (including the AVETA TV) use "geo-blocking" measures to prevent you from accessing them from outside the East & Central Africa: this is necessary for us to ensure that we comply with the terms of our broadcast and content licences. Please also note that some of our Services may not be available in certain regions within the East & Central Africa.
If you comply with these Terms, any other applicable terms (including but not limited to our Privacy Policy and Cookie Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms) and with all applicable laws and regulations, you may use the Services. What are your obligations?By accessing any part of the Services (including any material or content made available by AVETA TV via the Services), you agree that you will only use such Services:
You understand and accept that the hardware you use to access our Services may require certain software in order for the Services to work correctly and it is your sole responsibility to ensure that you have the required software before accessing those Services. In order to use the Services, you may be required to obtain certain updates and/or upgrades to your hardware. You are solely responsible for any costs and/or fees associated with any such updates/upgrades to any hardware or software.
You agree to compensate us in respect of any damages or losses suffered by us as a result of any claim made by a third party relating to i) your use of the Services in breach of these Terms (or any other applicable terms), or ii) your violation of any applicable law or regulation when using the Services.
You promise to us that you are authorised to agree to these Terms and any other terms that apply to the use of our Services (including but not limited to our Privacy Policy and Cookie Policy and any applicable Additional Terms and Conditions and/or any specific usage rules that may be posted in relation to any material and content that you access via the Services and/or any third party terms).
What are the restrictions on using our Services?By accessing any part of the Services (including any material or content made available by AVETA TV via the Services), you agree that you will not:
• use such Services to reverse engineer, de-compile, disassemble, copy, reproduce, communicate and/or make available to the public, republish, download, post, record, broadcast or transmit or use in any other way the Services (or any part thereof including but not limited to any content or software code) except as permitted by us; • use such Services in any way that may lead to the encouragement, procurement or carrying out of any criminal or unlawful activity, or cause distress, harm or inconvenience to any other person; • use such Services to in any way infringe the privacy or other rights of other users of the Services; • charge (whether directly or indirectly) others to use all or any part of the Services; • commercialise or attempt to commercialise all or any part of the Services; • permit or assist in any way any third party to use the material or content made available by AVETA TV via the Services in an unlawful manner or in a manner which could infringe the rights of, or restrict or inhibit the use and enjoyment of the Services by, any third party; • utilise ‘plugins’ or any application(s), software or associated tool(s) which change the content of the Services; • do anything that may cause damage to the Services or our servers, systems or equipment or those of third parties, nor access or attempt to access any users' data; • do anything that subjects the Services or AVETA TV to any derogatory treatment or brings (or might bring) the Services or AVETA TV into disrepute; • misuse or do anything that disrupts all or any part of the Services, including but not limited to knowingly introducing software viruses, trojans, worms or other material that may be technologically harmful; • attempt to circumvent any geo-blocking measures to access from anywhere outside the East & Central Africa, all or any of our Services (including but not limited to the Website) that use "geo-blocking" measures to prevent you from accessing them from outside the East & Central Africa (which are necessary for us to ensure that we comply with the terms of our broadcast and content licences); • attempt to or actually circumvent any software and/or technical measures we use to regionalise our Services within the East & Central Africa in order to access all or any part of our Services that are not available within your region of the East & Central Africa; • penetrate, remove or otherwise alter or interfere with any security measures that we use to protect the material and content made available via our Services, or attempt to do so or assist any other person in doing or attempting to do so; • state, suggest or in any way give the impression that you have any commercial relationship with us, or that you are our agent or that we have endorsed any submission you may make to any of our Services; or • block, disable, obscure or impair any advertising on the Website or served or included in the Services.
Do you need to register to use the Services?You may be required to register your details for certain Services and open a user account that you can then use to access and log on to use those Services (your "AVETA TV Account"). You may change or update your user name and password or other details at any time via your AVETA TV Account. You promise that all information and details provided are true, accurate and up to date in all respects and at all times. You are responsible for all activity that occurs under your user name and password. You must keep any password confidential and we will not be responsible where your password is used by someone else. You should notify us immediately of any unauthorised use of your AVETA TV Account and any breach of security as soon as you become aware of it.
What are our rights in relation to your use of the Services?We reserve the right to suspend, restrict or terminate your access to all or any part of the Services at any time at our sole and absolute discretion.
We may also permanently ban or temporarily suspend you from using the Services if you do not comply with these Terms or any other applicable terms, at our sole and absolute discretion.
What are our obligations and limits on liability?All of our Services are provided on an 'as is' and 'as available' basis. We cannot promise that our Services will be free from errors or omissions nor that they will be available uninterrupted and in a fully operating condition, or free from viruses or other harmful components. Not all of the features and functionality of the Services will be available on all devices. We make no guarantee that all or any features of the Services will work on any particular device.
The Services may be suspended temporarily and without notice for any reason including without limitation in the case of system failure, maintenance or repair or due to events reasonably beyond our control. Except as set out in the "Is payment required to use our Services?" section below, we will not be liable to you or to any other person in the event that all or any part of the Services is unavailable, discontinued, modified or changed in any way. Where you are required to obtain certain updates and/or upgrades to your hardware or software in order to use the Services, you are solely responsible for any costs and/or fees associated with any such updates/upgrades and we make no guarantees in respect of the compatibility of your hardware or software with the Services and/or any updates/upgrades.
In addition to other specific exclusions of liability set out in these Terms, we do not accept any liability for:
• any damage or loss caused to you while using our Services in breach of these Terms, including but not limited to where you are using our Services for purposes other than your own personal, non-commercial use; • any loss of data that results from your use of the Services; • any loss of income, revenue, business, profits or contracts that results from your use of the Services; • any failure, suspension and/or termination of access to the Services and/or any content in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, and where they are beyond our reasonable control, any other acts, events, omissions or accidents); • any claims brought against you by a third party except as stated in these Terms; and/or • any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Services or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Services; in both cases including where the damage or loss results from our breach of these Terms.
Any content or other materials included in the Services do not, and are not intended to, amount to advice on which you should rely. Consequently we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials. Nothing in these Terms will:
• restrict your statutory rights as a consumer (including your rights to receive a reasonable standard of service or • limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law.
Who owns the intellectual property in the Services?All copyright, trade marks, design rights, patents and other intellectual property rights (whether registered or unregistered) in the Services and all material or content made available by AVETA TV via the Services (excluding any User Generated Content (see below)) are and will remain at all times the property of AVETA TV (or AVETA TV's licensors or third parties, as applicable).
Who can use the intellectual property in the Services?The names, images and logos identifying us, companies in the AVETA TV group, our partners or third parties and our/their products and services contained in the Services are proprietary marks and may not be reproduced or otherwise used without our express permission.
Nothing contained in these Terms grants you a licence or a right to use any copyright, trade marks, design rights, patents or other intellectual property right owned or controlled by AVETA TV, its licensors or any third party, except to the limited extent necessary to receive the Services.
Can the content of the Services be copied?You may not copy all or any part of any materials or content made available by AVETA TV via the Services except to the extent permitted in these Terms, or expressly by us, or at law.
Who is responsible for user generated content?The Services may incorporate certain content that is generated either by users of the Services (including you) or through third party applications/widgets (eg from "social media" platforms such as Facebook or Twitter) ("User Generated Content"). You agree and acknowledge that: • our ability to control the User Generated Content is limited; • we do not endorse User Generated Content and cannot guarantee that it will meet the standards that content produced by us would ordinarily meet; and • any views expressed in User Generated Content do not necessarily reflect our views. Consequently we do not accept any responsibility or liability for User Generated Content or any actions or omissions that you may take in reliance on it.