These Terms of Account (“Terms of Account”) govern your account and use with nakurutuishi.co.ke and its

associated mobile sites and applications (the “Nakuru Tuishi Sites” or the “Sites”) and your purchases and

use of products and services available through the Nakuru Tuishi Sites. Nakuru Tuishi’ Sites are operated

by Nakuru Tuishi and/or its subsidiaries and affiliates (collectively, “Nakuru”). Your use of the Sites and

these terms are also governed by the Terms of Use (“Terms of Use”) and Privacy Notice, which are

incorporated herein by reference. www.nakurutuishi.co.ke/company/website terms,

www.nakurutuishi.co.ke/company/privacy.

 

 

PLEASE CAREFULLY READ THESE TERMS OF ACCOUNT, ALONG WITH THE TERMS OF USE,

PRIVACY NOTICE AND OTHER POLICIES OR AGREEMENTS REFERENCED IN THESE TERMS OF

ACCOUNT, BEFORE ESTABLISHING AN ACCOUNT OR PURCHASING OR USING PRODUCTS OR

SERVICES THROUGH THE SUPREME CITY GUIDES SITES. BY ESTABLISHING AN ACCOUNT OR

PURCHASING OR USING PRODUCTS OR SERVICES THROUGH THE SUPREME CITY GUIDES

SITES, YOU AGREE TO THESE TERMS OF ACCOUNT, INCLUDING WITHOUT LIMITATION, THE

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE

RESOLUTION SECTION BELOW.

 

GENERAL

These Terms of Account have been executed and delivered by you and constitute a valid and binding

agreement between you and Nakuru Tuishi, enforceable against you in accordance with their terms. You

represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a

person barred from receiving services under the laws of Kenya or other applicable jurisdiction.

You shall establish and use your account on/with Nakuru Tuishi Sites in strict compliance with these Terms

of Account and all applicable laws, rules and regulations (collectively, “Laws”).

 

PRIVACY NOTICE

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal

information by Nakuru Tuishi is located at www.nakurutuishi.co.ke/company/privacy. You consent to any

personal information we may obtain about you (either via the Sites, by email, telephone or any other

means) being collected, stored and otherwise processed in accordance with the terms of the Privacy

Notice. Nakuru Tuishi may update its Privacy Notice from time to time, in its sole discretion, and post an

updated version of the notice at the website address provided above. It is your responsibility to check

periodically for any changes we make to the Privacy Notice, but if a revision, in our sole discretion, is

material Nakuru Tuishi will notify you. Your continued use of the Sites after any changes to the Privacy

Notice means you accept the changes. No changes to the Privacy Notice occurring after a dispute between

you and Nakuru Tuishi  arises will apply retroactively.

 

ESTABLISHING AN ACCOUNT

You may establish an Account on the Supreme City Guides’ Sites. At a minimum, enrollment requires you

to (1) indicate agreement to these Terms of Account, (2) provide contact information and identification

details, and (3) submit any other form of authentication required as part of the registration process, in the “

Sites” sole discretion. You agree to accept responsibility for all activities that occur under your account or

password. You are responsible for maintaining the confidentiality of your account and password, and for

restricting access to your account. We encourage you to review our Information Security Policy for

information about some of the measures you may take to help protect your account, but we cannot

guarantee that implementing such measures will ensure the security of the account or your information.

 

USE OF THE ACCOUNT

You shall not use your  account for any purpose competitive to Nakuru Tuishi. You will notify Nakuru Tuishi

immediately at info@nakurutuishi.co.ke of any unauthorized use of your Nakuru Tuishi account whether by

you or a third party.

 

ACCOUNT TERMINATION

You may cancel your Nakuru Tuishi’ account at any time by contacting Us via email at

info@nakurutuishi.co.ke. Nakuru Tuishi may terminate your account and refuse any and all

current or future use of the “Site” or other services, or any portion thereof, (1) in order to comply with

applicable Law, (2) if you provide any information that Nakuru Tuishi determines, in its sole discretion, to be

untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current

or incomplete), (3) if Nakuru Tuishi determines, in its sole discretion, that you are using your Nakuru Tuishi

account in a manner not permitted by these Terms of Membership or the Terms of Use, or (4) in other

circumstances, as Nakuru Tuishi deems appropriate in its sole discretion. Please note that termination by

you or Nakuru Tuishi of your account may result in the termination of your account/memberships in

Nakuru Tuishi affiliated websites.

 

PURCHASES

Order Processing & Return Policy Nakuru Tuishi does not process any purchases or returns. All purchases

and returns are processed by the owner, associate or representative of the Listing.

 

PRODUCT AND SERVICE DESCRIPTION

Nakuru Tuishi does not warrant that the descriptions of products and services or price information provided

by third parties are accurate, complete, reliable, current or error-free. If a product or service offered on the

Nakuru Tuishi’ Sites is not as described, your sole remedy is to return the item, as specified in the Terms &

Conditions of each third party. Shipping and Tax. Check with each Listing website, owner, associate or

representative regarding their

shipping and tax.

 

DISPUTE RESOLUTION

By using the Sites in any way, you unconditionally consent and agree that: (1) any claim, dispute, or

controversy (whether in contract, tort, or otherwise) you may have against Nakuru Tuishi, or any of its

officers, directors and employees, arising out of, relating to, or connected in any way with the Sites or the

determination of the scope or applicability of this Dispute Resolution provision, will be resolved exclusively

by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance

with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving

intercountycommerce, and shall be governed by the Kenya Arbitration Act. the arbitration shall be held in

Nakuru (4) the arbitrator’s decision shall be controlled by these Terms of Account  and any of the other

agreements referenced herein that the applicable user may have entered into in connection with the Sites;

(5) the arbitrator shall apply Kenyan Laws consistent with the Kenya Arbitration act and applicable statutes

of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any

claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the

applicable Nakuru Tuishi, or any of its officers’, directors’, and employees’, individual claims; the

arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated;

(7) the arbitrator shall not have the power to award punitive damages against you or Nakuru Tuishi, or any

of its officers, directors, and employees. For more information on JAMS and/or the rules of JAMS, visit their

website at www.jamsadr.com. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO

MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY

FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT

AS PROVIDED IN JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.

OTHER RIGHTS THAT YOU OR GILT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN

ARBITRATION.

 

ENTIRE AGREEMENT

These Terms of Account constitute the entire agreement of between you and Nakuru Tuishi regarding the

specific matters herein, and all prior agreements, letters, proposals, discussions and other documents

regarding the matters herein are superseded and merged into these Terms of Account. In the event there is

a conflict between these Terms of Account and the Terms of Use with respect to the matters herein, these

Terms of Account will control.

 

SEVERABILITY

If any provision of these Terms of Account is determined to be illegal, invalid, or unenforceable, the

enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such

provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in

accordance with applicable laws.

 

MODIFICATION OF TERMS OF MEMBERSHIP

You acknowledge and agree that Nakuru Tuishi may, in its sole discretion, modify, add or remove any

portion of these Terms of Account at any time and in any manner, including the terms of Nakuru Tuishi

Account, by posting revised Terms of Account on the Site. You may not amend or modify these Terms of

Account under any circumstances. It is your responsibility to check periodically for any changes we make to

the Terms of Account but if a revision, in our sole discretion, is material, Nakuru Tuishi will notify you. Your

continued use of this Site after any changes to the Terms of Account means you accept the changes. No

changes to the Terms of Membership occurring after a dispute between you and Nakuru Tuishi arises will

apply retroactively.

 

EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your Nakuru Tuishi account, or any general legal

principles to the contrary, any provision of these Terms of Account that impose or contemplate continuing

obligations or rights of a party will survive expiration or termination of these Terms of Account.

 

Last Modified: June 1st, 2017

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