All users, both registered and not registered ("User"), must carefully read the following Terms of Use and the documents referred to in them before accessing and using the GreenEarth Cemeteries website and services. By accessing or using the Website and/or GreenEarth Cemeteries services You are acknowledging that You have read and agree, without limitation or qualification, to be bound by these Terms of Use, and GreenEarth Cemeteries’ Acceptable Use Policy and GreenEarth Cemeteries’ Privacy Policy. If You do not agree to these Terms of Use or GreenEarth Cemeteries’ Privacy Policy and/or the Acceptable Use Policy, please refrain from using the Website.
For purposes of this Agreement, the following terms shall have the following meanings:
Means any service provided by GreenEarth Cemeteries including but not limited to the Website and access to it, services provided through the Website and all services specified in the Statement of Work (as defined below).
Means all the content on the Website including but not limited to photographs, images, graphics, text, audio, video, links and the like other than that which falls under the definition of Your Content.
Means a limited company registered under the Companies Act 2006 and registered in Kenya and any employee, officer, agent, or person or corporation authorised to act on behalf of GreenEarth Cemeteries Ltd.
You and anyone You have provided Your user identification code, password or any other piece of information that forms part of GreenEarth security procedures to or any such person acting on Your behalf or with Your authorisation.
Any photographs, images, graphics, text, audio, video or other materials or content that You submit or make available to Green Earth Guide for inclusion in the Website and/or GreenEarth Cemeteries services
Contractor shall perform and deliver the Services as set forth in the Statement of Work issued against and subject to the terms and conditions of this Agreement.
The term of this Agreement shall commence on the date of first payment, and shall continue for 24 months thereafter or until terminated in writing by one of the parties.
The Service will be performed on a firm fixed price basis, as indicated in the applicable Statement of Work. Any additional or unscheduled Services to be provided by Contractor outside of the Statement of Work must be mutually agreed upon in writing signed by both parties hereto referencing this Agreement.
Services will be paid for before the work is carried out and is on a pay on Invoice basis.
All fees payable are in addition to the price agreed for Services and are the Customers expense.
Termination of Services. Customer reserves the right to terminate the Service, upon 90 days written notice to Contractor.
Contractor and Customer acknowledge that during the course of contract,
information of a confidential nature may be disclosed between the parties. Such
information, shall be considered confidential information (“Confidential
Information”). Neither party has the right to disclose the Confidential Information of
the other, in whole or in part, to any third party, and neither party will make use of
the Confidential Information of the other for its own or a third party’s benefit or in
any way use such Confidential Information other than for the purposes of
performance of this Agreement without the prior written consent of the disclosing
party. Each party agrees to take all steps reasonable to protect the other’s
Confidential Information from unauthorized use and/or disclosure.
The parties agree
not to copy in whole or in part, any Confidential Information nor modify the same in
any way without prior written consent from the other party. Neither party will be
liable to the other for the disclosure of Confidential Information if, as shown by clear
and convincing evidence, the Confidential Information: (a) is generally known to the
public at the time of disclosure by the disclosing party; or (b) becomes generally
known to the public through no fault of the receiving party; or (c) was lawfully in the
possession of the receiving party prior to signing this Agreement; or (d) is subject to
applicable republic of Kenya laws or a valid court order requiring disclosure of such
Confidential Information.
In any judicial proceeding, it will be presumed that the Confidential Information in
question constitutes protectable trade secrets of the disclosing party, and the
receiving party shall bear the burden of proving that the Confidential Information
was publicly or rightfully known or disclosed.
Neither party will use the other party’s name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.
GreenEarth Cemeteries without notice may at any time change the Content, amend, remove or edit Your Content or change the look, feel and functionality of the Website or suspend access to the Website, or close it indefinitely. We do not guarantee that the Website, or any Content will be free from errors or omissions.
GreenEarth Cemeteries does not represent or warrant that the information
accessible via this Website is accurate, complete or current. At any time, any or all of
the material on the Website may be out of date. You should always independently
check any information before You rely on it. The information displayed is of a general
nature and is not intended to address Your particular requirements or constitute any
form of advice, recommendation, arrangement or introduction by us.
The Website is presented on an "as is" basis. GreenEarth Cemeteries makes no
representations or warranties of any kind whatsoever in connection with the
Website or the Content or Your Content. All conditions, warranties and other terms
which might otherwise be implied by statute or common law are excluded to the
fullest extent permitted by law and You agree that, to the fullest extent so permitted
GreenEarth Cemeteries shall not be responsible or liable under any circumstances
for any amount or kind of loss or damage whatsoever howsoever arising suffered or
incurred by You.
The limitation of liability set out above shall apply to Your use of or Your inability to
use the Website or any GreenEarth Cemeteries services, any websites linked to the
Website 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 Website or
Your downloading of any material from this Website or any websites linked to this
Website.
This does not affect GreenEarth Cemeteries’ liability for death or personal injury
arising from GreenEarth Cemeteries’ negligence, nor GreenEarth Cemeteries’ liability
for fraudulent misrepresentation, nor any other liability which cannot be excluded or
limited under applicable law.
Funeral directors like other businesses value feedback on the services they provide. Constructive feedback will enable the funeral director to improve the experience of bereaved relatives at an important time to them. Where a funeral director is participating in our review service You may enter a review of the services provided by a funeral director on the Website. As with all other Your Content, reviews may appear on the Website and on the relevant funeral director’s website or anywhere else that GreenEarth Cemeteries publishes the same. In submitting a review, You are deemed to have agreed to the terms herein and without prejudice to the generality of the forgoing. You acknowledge that;
As a user of GreenEarth Cemeteries services, GreenEarth Cemeteries may collect personal data about Your use of the Website. You agree that GreenEarth Cemeteries may collect and process this information in accordance with GreenEarth Cemeteries’ Privacy Policy and You warrant that all data provided by You is true an accurate I all material respects.
Contracts for the supply of goods, services or information formed through the Website or as a result of visits made by You are governed by GreenEarth Cemeteries’ Terms and Conditions of Supply, copies of which are available on the website. Without prejudice to the forgoing, GreenEarth Cemeteries make no recommendations or warrantees in respect to Funeral Directors or any other organisation other than GreenEarth Cemeteries notwithstanding that such other parties may be mentioned on the Website or may be accessible through the Website and You should bear in mind that such other parties are merely advertisers on the website and as such GreenEarth Cemeteries shall have no liability whatsoever howsoever arising.
You may link to GreenEarth Cemeteries home page, provided You do so in a way that is fair and legal and does not damage the reputation of or take advantage of GreenEarth Cemeteries, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of GreenEarth Cemeteries where none exists. You must not establish a link from any website that is not owned by You. The Website must not be framed on any other site. GreenEarth Cemeteries reserves the right to withdraw linking permission without notice. If You wish to make any use of material on the Website other than that set out above, please address Your request to us via email.
Without prejudice to any other provision herein, where the Website contains links to other websites and resources provided by third parties, these links are provided for Your information only. We have no control or responsibility over the contents of those sites or resources whatsoever howsoever arising.
We do not warrant that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer
programmes and platform in order to access the Website. You should use your own
virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms,
logic bombs or other material which is malicious or technologically harmful. You
must not attempt to gain unauthorised access to the Website, the server on which
the Website is stored or any server, computer or database connected to the
Website. You must not attempt to not attempt to modify, copy, adapt, reproduce,
disassemble, decompile or reverse engineer any computer programs used to operate
the Website. You must not attack the Website via a denial-of-service attack or a
distributed denial-of service attack or any other attack with the intention of
facilitating harm or damage to the Website or damage or loss to its users. By
breaching this provision, You would commit a criminal offence under the Computer
Misuse Act 2018. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing Your identity
to them. In the event of such a breach, Your right to use the Website will cease
immediately.
These Terms of Use shall be governed by the laws of the republic of Kenya. The Kenya courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or any other use of the Website.
GreenEarth Cemeteries will not be liable loss whether consequential or otherwise if for any reason the Website is unavailable at any time or for any period or for any loss whatsoever arising from any inaccuracy or from information that is out of date or incomplete.
If any provision or part-provision of these terms are or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this agreement.
We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on You.
This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between Contractor and Customer and supersedes all prior and contemporary agreements, oral or written.