Terms of Use

Updated on 8 April 2022

1. General Terms

By accessing our website, you confirm that you are in agreement with and bound by the terms and conditions contained in these Terms of Use below. These terms apply to the entire website and any email or other type of communication between you and the Company.

The Company shall under no circumstances be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if the Company or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. The Company will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change our product offering, applicable terms and pricing at any moment.

2. License

The Company grants you a revocable, non-exclusive, non-transferable, limited license to use the website and download any public files strictly in accordance with these terms.

These Terms & Conditions are a contract between you and the Company (referred to in these Terms & Conditions as “WATU”, “us”, “we” or “our”), the provider of the Watu Africa website and the services accessible from the Watu Africa website (which are collectively referred to in these Terms & Conditions as the “Watuafrica Service”).

3. Definitions

For the purpose of these Terms & Conditions the following definitions shall apply:

Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to Watu Credit Limited in Kenya, which is responsible for your information under these Terms & Conditions. This definition shall, where necessary, also include the related group companies incorporated in their respective jurisdictions as subsidiaries, parent companies and/or sister companies.

Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.

• Country: where Watu Credit or the owners/founders of Watuafrica are based, in this case, in Kenya.

Device: any internet-connected device such as a phone, tablet, computer or any other device that can be used to visit Watuafrica.com and use the services.

Service: refers to the services provided by Watu Companies as described in the relevant terms (if available) on this platform.

Third-party service: refers to advertisers, sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.

Website: Watuafrica.com site, which can be accessed via this URL: www.watuafrica.com.

You: a person or entity that is accessing Watuafrica Website for general information or with intention to use the Services.

4. Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website.

• Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Website.

• Remove, alter or obscure any proprietary data (including any copyright or trademark) of Watu Companies or its affiliates, partners or suppliers.

5. Your Suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to the Company with respect to the Website shall remain the sole and exclusive property of the Company which is free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

6. Your Consent

By using our website, you hereby consent to our Terms & Conditions.

7. Links to Other Websites

These Terms & Conditions apply only to the Website and the Services. The Website may contain links to other websites not operated or controlled by the Company. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

8. Cookies

Watuafrica Website uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place personally identifiable information in Cookies.

9. Changes to Our Terms & Conditions

You acknowledge and agree that the Company may stop (permanently or temporarily) providing access to the Website (or any features within the Website) to you or to users generally at Company’s sole discretion, without prior notice to you. You may stop using the Website at any time. If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

10. Third-Party Services

We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

11. Term and Termination

These Terms & Conditions shall remain in effect until terminated by the Company which may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms & Conditions with or without prior notice. You may also at any time delete the Website and all copies thereof from your computer and browser.

12. Copyright Infringement Notice

If you are a copyright owner or such owner’s agent and believe any material on our Website constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.

13. No Warranties

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company , on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, neither the Company nor any its service providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of the Services), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

15. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Notice and any other legal notices published by the Company, shall constitute the entire agreement between you and the Company concerning the use of the Website.

16. Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by Kenya and international copyright, trademark, patent, and other intellectual property laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of the Company. Any unauthorized use of the material is prohibited.

17. Notice of Dispute

In the event of a dispute, you shall give a Notice of Dispute to the Company, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info[at]watuafrica.com The Company will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.

18. Dispute Resolution

If you and the Company don’t resolve any Dispute by informal negotiation, any other effort to resolve the dispute will be conducted according to the laws of Kenya.

19. Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse requests for product and/or service listed with erroneous information.

Contact Us

Don’t hesitate to contact us if you have any questions.