Terms of Service
Welcome to the Cestol (owned and operated by Cestol Ltd. (hereinafter “Cestol”)) content management platform - consisting of Websites, Services, Software Applications and Networks - that allows for the authorized upload, download, purchase, sale, sharing and distribution of written digital content over the internet (the “Cestol Platform”). The terms “Cestol” and the “Cestol Platform” apply to any site or mobile application owned and operated by Cestol Ltd., including cestol.com and the Cestol mobile applications (each an “App”).
The following Terms of Service for the Cestol Platform is a legal contract between You, either an individual user or a single entity (“You” or, collectively, “Users”), and Cestol regarding Your use of the Cestol Platform. PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR, ACCESSING, BROWSING, POSTING, DOWNLOADING FROM OR USING THE CESTOL PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOU ARE REQUIRED TO TERMINATE YOUR USE OF THE CESTOL PLATFORM IMMEDIATELY IN THE MANNER DESCRIBED IN SECTION 12.2 BELOW.
ARBITRATION NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CESTOL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The Cestol Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Cestol Platform by Cestol. If You are using or opening an account on the Cestol Platform on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then You represent and warrant that You are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. By using the Cestol Platform, You represent that You meet the eligibility requirements in this Section. In any case, You affirm that You are at least 13 years old, as the Cestol Platform is not intended for children under 13 years of age.
2. Privacy; Additional Terms
3. Individual Features and Services
When using the Cestol Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
4. Paid Access
Cestol offers multiple ways for You to purchase access to select content via the Cestol Platform: You can pay for a membership (“Membership”) for access to certain content, or pay a one-time fee for access to a certain piece of content (“Direct Purchase”). Your access to the applicable content and related purchase transaction are subject to the Cestol Paid Access EULA. Please see the Paid Access EULA for further information on Memberships and Direct Purchases.
5. Modification of these Terms and the Cestol Platform
Cestol reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms or any additional terms, including the Paid Access EULA, at any time. If we do so, we’ll let you know either by posting the modified Terms on the Cestol Platform or through other communication channels. Please check these Terms and any Guidelines periodically for changes. It’s important that you review the Terms whenever we modify them because Your continued use of the Cestol Platform after the posting of changes constitutes Your binding acceptance of such changes. If you don’t agree to be bound by the modified Terms, then you may not use the Cestol Platform anymore. Because the Cestol Platform is evolving over time we may change or discontinue all or any part of the Cestol Platform, at any time and without notice, at our sole discretion.
6. Digital Millennium Copyright Act
Please note that since we respect authors’ and content holders’ rights, it is Cestol’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). For more information, please see Cestol's Copyright Policy. Please note that Cestol will promptly terminate without notice any User’s access to the Cestol Platform if that User is determined by Cestol to be a “Repeat Infringer”. A Repeat Infringer is a User who has been notified by Cestol of copyright infringement more than twice as a result of DMCA take-down notices or other similar copyright notices.
7. Cestol Platform License Grant
7.1 License Grant to Cestol Mobile App
Subject to Your compliance with the terms and conditions set out in these Terms, Cestol grants to You a limited, non-exclusive, non-transferable, freely revocable license to download and install a copy of the App on any mobile device or computer that You own or control and to run such copy of the App solely for Your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sub-license, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means whatsoever. Cestol reserves all rights in and to the App not expressly granted to You under these Terms.
7.2 License Grant to Download
Subject to Your compliance with the terms and conditions set out in these Terms, Cestol hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Cestol may restrict or block at the request of its content providers or on its own initiative. The “select content” to which you are granted a license in this Section 7.2 does not include the Cestol Commercial Content (as defined in the Paid Access EULA). The Paid Access EULA governs Your access to and use of Cestol Commercial Content. Please see the Paid Access EULA for the applicable terms.
7.3 Reservation of Rights
Cestol reserves all rights not expressly granted to You in these Terms.
7.4 Prevention of Unauthorized Use.
Cestol reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Cestol Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
8. Content Disclaimer
You understand that when using the Cestol Platform You will be exposed to content from a variety of sources, and that Cestol is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Cestol with respect thereto. Cestol does not endorse any content or any opinion, recommendation, or advice expressed therein, and Cestol expressly disclaims any and all liability in connection with such content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, Cestol may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, Cestol does not permit copyright infringing activities on the Cestol Platform.
9. Prohibited Conduct
BY USING THE CESTOL PLATFORM YOU AGREE NOT TO:
i. use the Cestol Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Cestol Platform as such services are offered by Cestol;
ii. rent, lease, loan, sell, resell, sub-license, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in Section 13, below);
iii. post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content;
iv. post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
v. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Cestol Platform accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Cestol Platform, or perform any other similar fraudulent activity;
vi. delete the copyright or other proprietary rights notices on the Cestol Platform or associated with any content available via the Cestol Platform;
vii. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Cestol Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
viii. use the Cestol Platform for any illegal purpose, or in violation of any local, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
ix. defame, harass, abuse, threaten or defraud Users of the Cestol Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
x. use the Cestol Platform if You are under the age of thirteen (13) years old;
xi. remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Cestol Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Cestol Platform, or features that enforce limitations on the use of the Cestol Platform or any content available via the Cestol Platform;
xii. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Cestol Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
xiii. modify, adapt, translate or create derivative works based upon the Cestol Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
xiv. intentionally interfere with or damage operation of the Cestol Platform or any user’s enjoyment of any part thereof, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
xv. relay email from a third party’s mail servers without the permission of that third party;
xvi. use any robot, spider, scraper, or other automated means to access the Cestol Platform for any purpose or bypass any measures Cestol may use to prevent or restrict access to the Cestol Platform;
xvii. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Cestol Platform;
xviii. interfere with or disrupt the Cestol Platform or servers or networks connected to the Cestol Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Cestol Platform; or
xix. post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in Cestol’s sole opinion detracts from the Cestol experience.
When You use the Cestol Platform to print content, download content, or otherwise access content or use any products, services, or otherwise access information from Cestol, You may be asked to create an account and provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Cestol on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Cestol by emailing firstname.lastname@example.org. You may be liable for the losses incurred by Cestol or others due to any unauthorized use of Your Cestol Platform account.
11. Third-Party Sites, Products and Services; Links
The Cestol Platform may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Unless otherwise expressly stated by Cestol, Cestol does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Cestol Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
12. Termination; Terms of Service Violations
You agree that Cestol, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Cestol or Your use of the Cestol Platform and remove and discard all or any part of Your account, User profile, and any content, at any time and without notice to You. One reason we may terminate Your account is if You do not log into Your account for an extensive period of time; however, we will not terminate Your account for inactivity if You have a Direct Purchase associated with Your account or continue to pay the fees associated with a Membership. Cestol may also in its sole discretion and at any time discontinue providing access to the Cestol Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Cestol Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Cestol will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Cestol may have at law or in equity. Notwithstanding the foregoing, if you have paid for a Membership or a Direct Purchase, please see the Paid Access EULA for additional terms applicable to the cancellation of Your account.
Your only remedy with respect to any dissatisfaction with (i) the Cestol Platform, (ii) any term of these Terms, (iii) any policy or practice of Cestol in operating the Cestol Platform, or (iv) any content or information transmitted through the Cestol Platform, is to cancel Your account and stop using Cestol immediately. You may cancel Your Account at any time through the Cestol Platform by logging into the Site or the App and going to My Account, or by sending an email to us at email@example.com requesting a cancellation of your account. You may terminate these Terms at any time by canceling Your account and discontinuing use of Cestol.
12.3 Effect of Cancellation or Termination
Upon any Cancellation or Termination, the rights and licenses granted to You under these Terms and any additional terms and conditions, including the Paid Access EULA, will automatically terminate and the following provisions will survive: “Effect of Cancellation or Termination,” “Ownership; Proprietary Rights,” “Indemnification,” “Disclaimers; No Warranties,” “Limitation of Liability and Damages,” “Dispute Resolution,” and “Miscellaneous.”
13. Ownership; Proprietary Rights
The Cestol Platform is owned and operated by Cestol. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of the Cestol Platform provided by Cestol (the “Materials”) are protected by Kenya Copyright, Intellectual Property and Trademark Laws, International Conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Cestol acknowledges that You retain ownership of any User Comments You may post via Cestol, subject however to Your grant to Cestol of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of the Cestol Platform. All Materials contained on the Cestol Platform are the property of Cestol or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Cestol or its affiliates and/or third-party licensors. Except as expressly authorized by Cestol, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Cestol Platform. Cestol reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold Cestol, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Cestol Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Cestol reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Cestol, and You agree to cooperate with Cestol’s defense of these claims. Cestol will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
15. Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CESTOL, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CESTOL OR THROUGH THE CESTOL PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, THE TERM CESTOL INCLUDES CESTOL’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
16. Limitation of Liability and Damages
16.1 Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CESTOL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE CESTOL PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH CESTOL, EVEN IF CESTOL OR A CESTOL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.2 Limitation of Damages
IN NO EVENT WILL THE TOTAL LIABILITY OF CESTOL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE CESTOL PLATFORM OR YOUR INTERACTION WITH OTHER CESTOL PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CESTOL PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR TEN THOUSAND SHILLINGS, WHICHEVER IS GREATER.
16.3 Reference Sites
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CESTOL AND RECEIVED THROUGH OR ADVERTISED ON THE CESTOL PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
16.4 Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT CESTOL HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CESTOL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CESTOL. CESTOL WOULD NOT BE ABLE TO PROVIDE THE CESTOL PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
16.5 Limitations by Applicable Law
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
17. Dispute Resolution
17.1 Governing Law
These Terms will be governed by and construed in accordance with the laws of Kenya, without giving effect to any principles of conflicts of law.
17.2 Agreement to Arbitrate
You and Cestol agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Cestol Platform or content available on the Cestol Platform (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunction or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, You will also have the right to litigate any other Dispute if You provide Cestol with written notice of Your desire to do so by email or regular mail at Cestol, Ltd., 333 Moi Avenue, Nairobi - Kenya, within thirty (30) days following the date You first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If You don’t provide Cestol with an Arbitration Opt-out Notice within the thirty (30) day period, You will be deemed to have knowingly and intentionally waived Your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if You timely provide Cestol with an Arbitration Opt-out Notice, will be the courts located in Kenya and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
17.3 Class and Representative Action Waiver
Unless You timely provide Cestol with an Arbitration Opt-out Notice, You acknowledge and agree that You and Cestol are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Cestol otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
17.4 Arbitration Rules
The arbitration will be administered by the Alternative Dispute Resolution (“ADR”) in accordance with the Arbitration Act and the Supplementary Procedures for Consumer Related Disputes (the “ADR Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The ADR Rules are available at www.kenyalawresourcecenter.org. The Arbitration Act will govern the interpretation and enforcement of this Section.
17.5 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the ADR Rules. The arbitrator will be either a retired judge or a magistrate licensed to practice law in Kenya and will be selected by the parties from the ADR’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the ADR will appoint the arbitrator in accordance with the ADR Rules.
17.6 Arbitration Location and Procedure
Unless You and Cestol otherwise agree, the arbitration will be conducted in Kenya. If Your claim does not exceed KSh 1,000,000 then the arbitration will be conducted solely on the basis of the documents that You and Cestol submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds KSh 1,000,000, Your right to a hearing will be determined by the ADR Rules. Subject to the ADR Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
17.8 Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the ADR Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. If You prevail in arbitration You will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Cestol will not seek, and hereby waives all rights it may have under applicable law to recover, magistrates’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any ADR filing, administrative and arbitrator fees will be solely as set forth in the ADR Rules. However, if Your claim for damages does not exceed KSh 5,000,000, Cestol will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Civil Procedure Rules (Cap. 21)).
Notwithstanding the provisions of the “Modification of these Terms” section above, if Cestol changes this “Dispute Resolution” section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Cestol’s email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Cestol in accordance with the provisions of this “Dispute Resolution” section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
Cestol may provide You with notices, including those regarding changes to Cestol’s terms and conditions, by email, regular mail, or postings on the Cestol Platform. Notice will be deemed given twenty-four hours after email is sent, unless Cestol is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Cestol Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Cestol Platform is deemed given ten days following the initial posting.
The failure of Cestol to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Cestol.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Cestol without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 6-18.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
18.7 Entire Agreement
These Terms (including all Guidelines and terms incorporated herein) and the Paid Access EULA as applicable, are the entire agreement between You and Cestol relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Cestol as set forth in Section 5 above.
YOU AND CESTOL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CESTOL PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Cestol Ltd., located at: cestol.com, 333 Moi Avenue, Nairobi - Kenya, and email: email@example.com. If You are a Kenyan resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.
Cestol Terms of Service (Effective: March 10, 2019)
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