Terms and Conditions of Use

These terms and conditions apply whenever you access Nation.Africa, or any other Nation Media Group website, its apps or any variants thereof. By using any NMG website, you are deemed to have accepted these conditions.

In these terms and conditions, when we say the “Nation Site” we mean the digital information network operated by or on behalf of Nation Media Group PLC or its related companies, subsidiaries and affiliates (collectively “Nation”), regardless of how you access the network, as well as any Nation apps whether you access those via a directly or a third-party site. However you access the Nation Site, you agree to be bound by these terms and conditions.

Registration

You may access areas of the Nation Site that require registration by becoming a registered member and creating an account. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account, including but not limited to comments posted using the said account.

By registering, you agree that:

Your account and password are personal to you and may not be used by anyone else;
You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Nation Site; and
You will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

Termination of registration

If you no longer wish to have a registered account, you may terminate your account by using the ‘delete my account’ button in the personal account area. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Nation Site. Continued use of the Site indicates your continued acceptance of these terms and conditions, and any changes thereof.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Nation Site immediately and without prior notice. We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

Use of material appearing on the Nation Site

Your use of the Nation Site is for your own personal and non-commercial benefit only. You acknowledge that Nation Media Group PLC is the sole owner of all content on the Nation Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Nation Site. The Nation Site and its content are protected by the copyright laws and other intellectual property laws of the Kenya, Tanzania and Uganda, and are protected globally by applicable international copyright treaties.

You may download and print extracts from the Nation Site for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Nation Content for any other purpose without our prior written approval. Except as expressly authorised by the Nation Media Group PLC, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Nation Site.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at [email protected].

Disclaimer of liability

To the extent permitted by law, we do not accept any responsibility for any statement in the Nation Content. All information is provided for general information in the public interest. For the avoidance of doubt, we will not be liable for any loss caused as a result of your viewing, reading or listening to the Nation Content or any part of it. You can access other sites via links from the Nation Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Nation Site or the Nation Content. In particular, we do not warrant that the Nation Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Nation Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

Third-party advertising on the Nation Site

You will see advertising material submitted by third parties on the Nation Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

User content (Blogs, Letters to the Editor, Readers Comments, Discussion Boards, and Chat)
Users of our site may be permitted to submit content for publication in various areas of the Nation Site. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at nation.africa/communityrules which are incorporated in these terms and conditions.

Users of our site may submit content for publication in various areas of the site, including Blogs, Letters to the Editor and Readers Comments. We accept no liability in respect of any content submitted by users and published by us and we are not responsible for its content and accuracy. If you want to submit content to us for publication in the Blogs, Letter to the Editor, Readers Comments, or Discussion Forum you may do so on the following terms and conditions:

Publication of any content you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
You grant us a non-exclusive, perpetual, royalty-free, worldwide licence to republish any content you submit to us in any format, including without limitation print and electronic format.
You warrant to us that any content you submit to us is your own original work and that you own the copyright and any other relevant rights.
You warrant that the content you submit is not obscene, offensive, defamatory of any person or otherwise illegal.
You agree not to post content which is deliberately intended to upset other users.
You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third-party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
We reserve the right to remove your access to the Discussion Forums, Letters to the Editor, Readers Comments completely if we believe you are abusing them in any way.

You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Nation Site. When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Nation Site.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Nation Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Nation, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Nation Site.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libellous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Nation Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Nation Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Nation Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Nation Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Nation Site may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Nation Media Group PLCassumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Nation Site.

If you are under 16, you confirm that you have permission of your parent or Nation Media Group PLC to submit content.

Apps

You may download certain Nation Media Group PLCapps (“Apps”) either from Nation Sites or from third-party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Nation Sites).

Privacy and Data protection

We will only collect your data to the extent necessary to provide a reliable service to you, and even then, such data will be collected on condition that you expressly consent to it as per the Privacy Policy here. If you have indicated on the registration form that you wish to receive direct marketing material, your personal details will be included in a database compiled for direct marketing purposes. From time to time, you may receive direct marketing information from us or from third parties.If you have indicated that you wish to receive email updates only from Nation.Africa, you will receive only updates.If you wish to unsubscribe from any of our email services please follow the instructions included in the emails.

Fees and Payments

We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time. All new fees, if any, will be posted prominently on the Site and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your account.

Indemnification

You agree to defend, indemnify, and hold harmless Nation, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Nation.

Additional disclaimers

Visitors to the Nation Site agree that their use of the Nation Site is at their own sole risk. The Nation Site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Nation Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Nation Media Group PLC also makes no representations and warranties as to any linked sites and Nation Media Group PLC has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Nation Site may represent the opinions and judgments of providers or users, such as user content. Nation Media Group PLC and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Nation Site by anyone other than authorised Nation Media Group PLC employees acting in such capacity.

This disclaimer of liability applies to any damages or injuries caused by the Nation Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Nation Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Nation Media Group PLC does not warrant or guarantee that access to the Nation Site will be uninterrupted or error-free.Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Variations

These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted.

Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL NATION MEDIA GROUP PLC OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE NATION SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE NATION SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION 17 APPLIES EVEN IF NATION MEDIA GROUP PLC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, GUARDIAN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING NATION’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).

Notices of claimed copyright infringement should be directed to:

By mail:

Nation Media Group PLC

Nation Centre

PO Box 49010

Nairobi 00100

Kenya

By email: [email protected]