Welcome to AM.ke. By registering as AM.ke member or otherwise accessing, browsing or using any of our websites, applications, automated and electronic systems, including any related and chat services, and all of its divisions, subsidiaries, and affiliate (collectively “Website,” “Services.” “Site,” “Platform”) whether as a registered member or an unregistered visitor, whether acting on your own behalf or another party’s behalf, you (“you” or “your”) are entering into a legally binding contract (“Agreement,” “Terms,” “Terms and Conditions”) with AM.ke (“AM.ke,” “we,” “us,” or “our”). You have a limited right to access and use the Website for your noncommercial and personal use as long as you agree to and comply with these Terms and Conditions.
- Acceptance of Terms
By accessing or using AM.ke’s services, you acknowledge and affirm that you have fully read, understood, and agree to comply and be bound by all the terms and conditions of this Agreement and our Privacy Policy, which is incorporated herein by reference. If you do not agree to any part of this Agreement, you do not access or use our services.
These Terms constitute a legally binding agreement between you and Card Digital Solutions, the owner and operator of AM.ke and registered in the Republic of Kenya. You must be at least 18 years old to use our Services. If you are using the Services on behalf of another entity or a third party, you represent and warrant that you have the full authority to bind that entity or third party to all of these Terms. By using our Website in any way, you represent and warrant that you meet these requirements.
2. Services
2.1 Digital Business Cards Creation: AM.ke offers services for creating, editing, updating, managing and sharing digital business cards through the AM.ke platforms, including but not limited to design templates, analytics, storage capabilities, contact and appointment information management, and customization options.
2.2 Subscriptions: AM.ke offers paid subscription plans for accessing enhanced features and services. The details of these subscription plans, including pricing, features, and billing cycles, are available on the Website.
2.3 Discounts and Special Offers: AM.ke may, at its sole discretion and at any time, offer discounts, promotions, or special offers on its services. These offers may be subject to additional terms and conditions that will be communicated to you at the time of the offer through posting or displaying on the Website.
AM.ke reserves the right to modify or discontinue any part of the service, including the availability of any features, at any time without notice.
3. Registration and Account
3.1 To access AM.ke’s services, you may need to create an account on our platforms. You agree to provide accurate, current, and complete information during the registration process and to always update such information to keep it accurate, current, and complete at all times.
3.2 You are solely responsible for maintaining the security and confidentiality of all your account credentials (including access details e.g., username and password) and for all activities that occur under your account. You agree not to share or disclose your account credentials to any third party, and to notify AM.ke, through our official contact channels, immediately if you suspect unauthorized use of your account.
3.3. You agree not to share your account credentials with any third party or allow any third party to access your account. You are solely responsible for all actions taken through your account, whether authorized by you or not.
3.4 If you are using the Services on behalf of an organization or third party, you represent and warrant that you have the authority to bind the organization or third party to this Agreement, and you agree to be bound by this Agreement on behalf of that organization or third party.
3.5 We may help or assist you with the registration of your account and creation of your business cards. In such cases, it’s you are solely responsible for maintain the security of your account and accuracy of your business card’s details. We are not responsible for any breaches to your account nor details, and we hereby reject all obligation and responsibility to such.
3.6. If you decide to seek help from us, always make sure that you use the contact details provided on our platforms, and verify that any response or contact from us comes from the specified contact details on our platform. Please note, AM.ke’s staff and officials shall never communicate through any phone number, emails or social media accounts other than the ones directly provided on our platforms. In case of any inquiries, doubt or suspicion, you can always contact us directly through the provided contact details on our platforms.
4. License & Prohibited Activities
Upon your User Agreement Acceptance, AM.ke grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Website, solely for your non-commercial, personal use and not for resale, disclosure or distribution to anyone else. With respect to any permitted copy of the User Content, you will only use the Website as permitted solely by AM.ke. All rights not expressly granted to you herein are reserved by AM.ke; there are no implied licenses under this Agreement. The license granted to you in this Agreement is expressly conditioned on your continued full compliance with this Agreement. Please note that AM.ke, in its sole discretion, may change this Agreement from time to time without notice and your continued access, viewing, use or browsing of this Website or any part of it after any such change takes effect will be deemed to constitute your full acceptance of and agreement to the changed Agreement.
You shall use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Website:
- In any way that violates any national law or local law or regulation or authority or oath of duty or professional rule applicable to you and your use of the Website including, without limitation, those relating to privacy, fraud and impersonation
- In any way that violates or conflicts with any agreement to which you are a party, including any agreement with your employer.
- To send, post, share, knowingly receive, upload or download any material that does not comply with the law or authority.
- To post content, share information or initiate communications which are unlawful, libelous, deceitful, fraudulent, falsified, abusive, obscene, discriminatory, or otherwise objectionable.
- Use the Website for any illegal purpose, including but not limited to conspiring to violate any laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, skills, knowledge and education, or your affiliations with a person or entity, past or present.
- To upload, post, send, share, make public, email, transmit or otherwise make available any content or information or initiate communications which include information that you do not have the right to disclose, share or make available under any law or under any prohibition or under any policy restrictions or under any expected confidentiality or under contractual or fiduciary relationships (such as insider information, any user information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or under nondisclosure expectations).
- To upload, post, share, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- To upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- To impersonate another person or entity, or misrepresent your identity or affiliation with any person or entity (e.g., by using an email address, logo, branding or username or professional qualification that misrepresents your affiliation).
- In any manner that could disable, overburden, damage, or impair any component of the Website.
- To engage in any other conduct that inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm AM.ke or users of the Website.
- To forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
Additionally, you agree not to:
- Upload, transmit, or distribute any content that is harmful, abusive, defamatory, obscene, or otherwise objectionable.
- Re-use or re-publish any content made available through the Website including, without limitation, content posted by other AM.ke users, without the express written permission of AM.ke or such user, as applicable.
- Copy any of the material made available through the Website for commercial purposes, including through the scraping of content.
- Attempt to obtain unauthorized access to or interfere with the Website, any AM.ke computer system, software or network, including through reverse engineering, decompiling, deriving source code or uploading malicious code or code snippets.
- Tamper with, breach or attempt to probe, scan, or test for vulnerabilities in the Website or AM.ke’s computer systems, network, security elements, or any other protective measures associated with the Website.
- Use any software, devices, scripts, robots or any other means or process to view, access or “scrape” the Website or otherwise copy information from the Website.
- Reproduce or redistribute content provided through the Website, including through “framing” or “mirroring” or through third parties, without AM.ke’s written consent.
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology that is not open source.
- Monitor the availability, performance or functionality of any of the Website for any competitive purpose.
- Deep-link to any of our websites (i.e., linking to a AM.ke web page other than the AM.ke home page) unless solely to promote your profile or services on the Website, or as otherwise expressly approved by AM.ke in writing on a case-by-case basis.
- Infringe or use any of our brands, logos trademarks or other proprietary marks in any business name, email, URL or other context, unless expressly approved by AM.ke in writing.
- Introduce into the Website any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Otherwise attempt to interfere with the proper working of the Website, or any portion thereof.
- Republish, sell, duplicate, or “scrape” for commercial or any other purpose whatsoever, the content or any of the User Content or any other information contained in the Website, in whole or in part, in any medium whatsoever, and all such information, data and content posted on the Website either by AM.ke or any user or anyone else authorized by AM.ke to this extension, shall form exclusive property of AM.ke.
- any other action that may be considered unethical or wrong, at AM.ke’s sole discretion
You should check the Agreement frequently for any changes. We may change the way the Website looks, or the information or features on the Website or any other aspect of the Website, at any time and without prior notice. We may also change or remove content on the Website at any time and without prior notice.
If you are in a jurisdiction that either restricts you from accessing this Website or does not give effect to all provisions of this Agreement, then you may not access or use this Website. We make no representation that the Website is appropriate or available for use in any jurisdiction, including where you are.
AM.ke, in its sole discretion and at any time, may charge a fee for some features, portions or functions of the Website. You agree to pay the set fee pursuant to the set schedule and prior to seeking access to these features, portions or functions. AM.ke reserves the right to modify its pricing structure at any time and without notice, and implement the new price structure at any time and without notice. AM.ke, in its sole discretion, reserves the right to restrict access to these features, portions or functions for non-payment or for any other reason. Please note that AM.ke will not, under any circumstances, issue any refunds or credits for cancellation or wrongful payment of any fee. Once paid, the payment cannot be reversed or refunded, so take your time and decide carefully. Your only recourse is to use up what you have paid for.
Please note that there are cases when an order cannot be processed for various reasons. We reserve the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number, personal detail and address, before we accept the order.
In order to avoid any fraud with credit or debit cards or other payment methods, we reserve the right to obtain validation of your payment details before we accept your order.
If you are using the Website on behalf of another entity or third party, that entity or third party hereby accepts this Agreement.
You are responsible for complying with all applicable laws, regulations, and third-party agreements when using the Website.
5. Payment and Billing
5.1. When you subscribe to AM.ke’s paid services, you agree to pay all applicable fees associated with your chosen subscription plan. All subscription plans are prepaid. The fees may be subject to change without notice at AM.ke’s sole discretion. Payment may be processed through third-party payment processors, and you agree to their terms and conditions
5.2. You authorize AM.ke to charge your chosen payment method for all fees and charges associated with your subscription. You are responsible for ensuring that your payment information is up-to-date, valid and that you have all the necessary authorization.
5.3. Some subscription fees are billed in advance on a recurring basis. By subscribing, you authorize AM.ke to automatically charge the applicable fees to your chosen payment method at the beginning of each billing cycle. For any manual payments, you are solely responsible for submitting the full payments in advance and on time. Any services paid for through manual payment shall only become active once the payment has been fully processed and credited into AM.ke’s accounts. You may cancel your subscription at any time. Cancellation will take effect at the end of the current billing cycle, and no refunds or credits will be provided for any unused portion of your subscription.
5.4 AM.ke reserves the right, at AM.ke’s own discretion, to change the pricing of its subscription plans and any other fees, discounts, and special offers at any time, without prior notice.
5.5 Please note: our staff and officials will never ask for money or account credentials from you for whatever reason. All payments are paid directly on our platforms and directly through the provided payment methods.
5.6 Refunds: AM.ke does not offer any refunds of any nature for whatever reason.
6. User Content
6.1. By using AM.ke’s Services, you may submit content, including but not limited to text, images, videos and other materials (“User Content”). You retain ownership of your User Content, but you grant AM.ke a non-exclusive, worldwide, royalty-free, and fully sublicensable right to use, reproduce, change, modify, publicly display, adapt, publish, translate, create derivative works from, distribute, and transmit such User Content in any media or transmission medium (known or unknown, existing or to be invented in the future) for any purpose, including but not limited to, providing, promoting, marketing and improving our Services,
6.2. You are solely responsible for the accuracy, legality, and appropriateness of your User Content. AM.ke reserves the right, at any time and without notice, to remove or refuse to display any User Content that is detrimental, violates these Terms or applicable laws.
6.3. Once your account is terminated or suspended, your User Content may be kept in our database for unspecified length of time, and may continue to be publicly displayed and available. If it was used by AM.ke for any purpose e.g., promotion or marketing, it shall continue being in AM.ke’s possession and usage for as long AM.ke may solely decide, and you hereby consent to this clause.
7. Intellectual Property
7.1 All content and materials on the Website, including but not limited to text, graphics, logos, images, software, and trademarks, are owned or licensed by AM.ke and are protected by applicable intellectual property laws. You shall not use any of our intellectual property without our express written permission.
7.2 AM.ke owns all rights, title, and interest in and to the Services, including all intellectual property rights. Your use of the Services, in any way whatsoever, does not create any kind of ownership or partnership of any manner, form or shape to the Service whatsoever.
8. Links to Other Sites
This Website may contain links to other sites on the World Wide Web for the convenience of users. These other sites have not been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaim any responsibility for the content, terms, policies and practices of these other sites and for the availability, accuracy, reliability, legality, authenticity, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these other sites. Moreover, these links do not imply, directly or indirectly, our endorsement of or affiliation with any other site or site owner, or any information, products or services provided by any third party. When leaving this Website, you should be aware that our terms and policies may no longer govern, and, therefore, you should solely review the applicable terms and policies of each linked site.
9. Third Party Content and Information Delivered to Third Parties
Some of the User Content, including but not limited to, contact details, Social media profiles, images, videos, products and services, reviews, data, are provided by independent information providers (“IIPs”). We make no representations with respect to, nor do we guarantee or endorse the availability, accuracy, reliability, legality, genuineness, validity, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials, contact details, product and services, or any other content provided by any of the IIPs. We do not endorse, oppose or edit any of it. We assume no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information you deliver to third parties accessed through a link at the Website will be held subject to the privacy policies of that third party, and not AM.ke.
The use of the Website by any entity or individual to verify the credentials, validity, legality or authenticity of any information or content is prohibited. The Platform and database of AM.ke which drives the Website does not contain any or sufficient information with which to verify any credentials or authenticity under any standards.
10. Privacy
AM.ke’s collection and use of your personal information, and your use of AM.ke’s Services is also governed by our Privacy Policy, which is available on our platforms. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our Website, you consent to the practices described in the Privacy Policy in totality.
11. Termination
AM.ke reserves the right at any time, at its sole discretion, to suspend, terminate, or restrict your account or access to its services, in whole or in part, with or without cause and with or without notice. Upon termination or suspension, your account and any associated data may be deleted.
You may terminate your account at any time. This action is irrevocable.
You may ask AM.ke to terminate your account. AM.ke shall require you to provide formal written request and consent for such action. This action is irrevocable.
If your account is being run or managed by a third party or staff, whether with your authorization or not, any action taken by such third party or staff, including but not limited to terminating your account, shall be your sole responsibility and you shall be fully accountable for such action
AM.ke reserves the right, at its sole discretion and without any prior notice, to delete any account that does not have any active subscription plan for more than 3 months. Please note that if your account goes for 3 months without an active paid subscription, it shall be eligible for deletion without any notice or warning. This action is irrevocable.
12. Disclaimers
The information, websites, applications, software, products, features and services included in or available through the site are provided for general knowledge and informational purposes only and may be inaccurate, nonfactual or include typographical errors. Changes may be made to the Site and the information herein at any time and without notice to you. Advice received via the Site should not be relied upon for personal, business, professional, medical, career, family, investment, legal or financial decisions; you should consult an appropriate professional for specific advice tailored to your situation. Do not refer to this Site in an emergency as this Site will not dispatch an ambulance or other emergency help. In an emergency, call the police or the appropriate emergency number. You assume total responsibility and risk for your use of this Site, site-related services and any linked sites. By using the Site, you expressly agree that your use of the Site is at your own and sole risk.
We make reasonable efforts to keep all of the Site fully operational, however we may encounter technical difficulties or engage in maintenance or updates to the Site that may cause temporary or major interruptions. We reserve the sole right, at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site, without liability to you for any such modification, interruption, or discontinuance. You understand and agree and accept that AM.ke has no obligation to provide any specific content or feature through the Site and AM.ke may, from time to time, remove any content without notice at its sole discretion.
This Site and the User Content are not exhaustive and are provided on an “as is” and “as available” basis, and are intended for informational purposes only. While we endeavor to provide the most accurate, up to date information available, the User Content may contain technical or other inaccuracies or typographical errors, and may be changed or updated at any time and without any notice.
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties and guarantees of any kind, either express or implied, including, but not limited to: (a) any warranties and guarantees concerning the availability, accuracy, legality, validity, genuineness, reliability, completeness, currency, quality, performance or suitability of this Site, the User Content, or any products, services, information or results obtained on or through this Site; and (b) any implied warranties and guarantees of title, non-infringement, merchantability or fitness for a particular purpose. We make no representations or warranties of any kind, express or implied, that this Site or any User Content will assist you in identifying a suitable product or service provider or for any other purpose. We do not represent or warrant that this Site will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects or bugs, if any, will be corrected. You expressly agree that your use of this Site and the User Content is entirely at your own risk, and that any decision you take will be solely at your own discretion and at your own risk.
Further, we expressly disclaim any and all responsibility and liability with respect to separate agreements you may make with product or service providers or with third parties who offer products or services on or through this Site, and you will look and deal solely to such product or service providers and third parties with respect to any and all claims arising out of such agreements and/or such products or services.
The User Content and any information on AM.ke are provided by AM.ke for informational purposes about products and service providers. The business cards of products and services providers on the Site is not intended as a tool for verifying the credentials, qualifications, authenticity, or abilities of any person or organization. Inclusion on the Site does not imply recommendation or endorsement nor does omission on the site imply AM.ke’s disapproval. AM.ke does not verify, vet, validate, authenticate or do background checks on any person’s or organization’s credentials, qualifications, skills, authenticity, operations, education or abilities.
This Site is controlled and operated by Card Digital Solutions. We make no representation that this Site or the User Content are appropriate or available for use in all or any part of the Republic of Kenya, or outside of the Republic of Kenya, and access to this Site or the User Content from territories and regions where their contents are illegal is prohibited. Those who choose to access this Site or the User Content from locations outside of the Republic of Kenya do so of their own volition and are responsible for compliance with applicable local laws.
13. Limitations of Liability
Neither we nor our affiliates will be liable for any damages resulting from your use of, or reliance upon, this Site, any information, any User Content, or any products or services obtained on or through this site. In the event of any problem with this Site, any information, any User Content, or any products or services obtained on or through this site, your sole remedy is to cease using such item(s).
Under no circumstances will we or our affiliates, or any of our or their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors or assigns, be liable for any indirect, incidental, special, punitive, exemplary or consequential damages arising out of use of this Site, any information, any User Content, arrangements made based on information obtained on or through this site, or products or services obtained on or through this site, even if we or they have been advised of the possibility of such damages. To the extremely extent damages cannot be waived, damages are hereby limited to ksh one hundred (100/=) in the aggregate. All claims must be brought within two (2) weeks of the date of the first event giving rise to a claim or they will be deemed forever waived. You and we acknowledge that this is a reasonable allocation of risk.
You agree that, to the fullest extent permitted by law, neither AM.ke, its licensors, its suppliers, nor any third parties mentioned on the Site shall, in any event whatsoever, be liable for any damages or legal disputes (including, without limitation, incidental and consequential damages, arbitration, personal injury/wrongful death, litigation, lost profits, or damages resulting from lost data or business interruption, including any computer virus, claim for disability benefits, claim for worker’s compensation and/or malpractice claims) resulting from the use or inability to use, by the user, of the site or the User Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Am.ke is advised of the possibility of such damages.
14. Indemnity
You will defend, indemnify, and hold harmless AM.ke and our affiliates, and our and their respective directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from (a) your use of this Site, any information, any User Content, or any products or services obtained on or through this Site, (b) any arrangements or decisions you make based on information obtained on or through this Site or (c) any breach by you of this Agreement.
15. Changes to Terms
AM.ke reserves the right, at it’s sole discretion to modify or update this Agreement at any time and without any prior notice. The revised Agreement will be posted on the platform.
It is your responsibility to review this Agreement periodically. Continued use of the Website after any changes constitutes your full acceptance of the revised Agreement.
16. Choice of Law; Governing Law, Dispute Resolution and Selection of Venue
Regardless of the jurisdiction in which you work or reside, this Agreement is made in the Republic of Kenya, and will be construed and enforced in accordance with Republic of Kenya’s law (without regard to its provisions governing conflicts of law), as applied to agreements entered into and completely performed in Republic of Kenya.
Any action arising out of the content of this website or your use of the website or any action to enforce this agreement will be brought only in the republic of Kenya and you expressly agree to be subject to the jurisdiction of such courts.
Use of this website is limited solely to persons and entities who expressly agree to resolve any and all disputes pertaining to this site in the republic of Kenya, and such an agreement is an express condition to use of this site.
Please read this agreement carefully before accessing, viewing, using or browsing this Website or any user content. By accessing, viewing, using or browsing this Website or any user content, you, on behalf of yourself or your entity, as applicable, acknowledge, consent and confirm that: (a) you have fully read and clearly understand all of the Terms and Conditions of this Agreement, without any impairment in judgment resulting from (but not limited to) mental illness, mental handicap, intoxication, delusion, any form of influence or pressure or force, medication, or any other health or other problem or other issue that could impair judgment; (b) you or your entity, as applicable, agree to be bound by all of the Terms and Conditions of this Agreement and acknowledge that this Agreement is the legal equivalent of a signed, written contract between Card Digital Solutions and you or your entity, as applicable;
and (c) if accessing, viewing, using or browsing this Website on behalf of a third party entity, you have full authority to bind your entity to all of the terms and conditions of this agreement (collectively “User Agreement Acceptance”). If you or your entity, as applicable, are not willing to be bound by all of the Terms and Conditions of this Agreement, including without limitation the preceding acknowledgement and agreement, do not access, view, use or browse our Website; AM.ke does not and will not grant you any right or license to access, view, use or browse this Website or the User Content in any way.
Please read this section carefully, as it affects your legal rights, including your right to file a lawsuit in court.
Please note that by agreeing to these terms, you agree to resolve all disputes through binding individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration.
The purpose of this section is to describe what will happen if you and AM.ke have a dispute that needs to be resolved. If you have an issue with the Website, we encourage you to contact AM.ke support at cc@am.ke with the appropriate subject heading. If your issue is not resolved by support, you agree that you and AM.ke will first discuss the issue informally for at least 60 days before commencing an arbitration action, as described in the arbitration agreement below (the “Arbitration Agreement”). To initiate a discussion, please send your full name, contact information and full description of the issue including an appropriate subject heading to us at cc@am.ke and if we need to contact you we will use the email address associated with your AM.ke account. If we are unable to resolve the issue within 60 days, you and AM.ke agree that any and all claims that either of us have, whether based on past, present or future events arising out of or relating to this Agreement (including the scope and enforceability of this Arbitration Agreement), the Website, and any aspect of our relationship with each other, except for disputes relating to AM.ke’s intellectual property or business interests (such as but not limited to; trademarks, domain names, trade secrets, copyrights, and patents), must be resolved through binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge, allows for more limited discovery than in court, and is subject to very limited review by courts. No arbitration or proceeding can be combined with another without the prior written consent of AM.ke.
PLEASE BE AWARE THAT YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT. YOU AND AM.KE AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS/CLASS ACTION, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
For your convenience, arbitration may be conducted in-person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Kenya, in a location, venue and time determined by AM.ke at AM.ke’s sole discretion. It is important that you understand that the arbitrator’s decision will be binding and final and may be entered as a judgment in any court of competent jurisdiction. Please note that nothing in this section shall be construed as consent by AM.ke to the jurisdiction of any other court with respect to disputes not covered by this User Agreement.
The party initiating the arbitration (either you or AM.ke) is responsible for paying the filing fee.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this User Agreement; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; (3) AM.ke shall, at its sole discretion, replace the severed part with one that is close in intent and purposes to the severed part.
In the interest of promptly resolving issues between us, you and AM.ke agree to bring any claim arising out of or relating to this Agreement, any policy governing your use of the Website, our relationship, or the use of the Website within two weeks after a claim arises, otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
17. Miscellaneous
The provisions of this Agreement will survive the termination of this Agreement. Failure to enforce any part of this Agreement is not a waiver of the right to later enforce that or any other part of this Agreement. Failure to insist on strict performance of any provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver of any provision of this Agreement will be valid unless in formal writing and acknowledged in writing by both parties. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect, and AM.ke will promptly substitute for the invalid provision an enforceable provision which resembles the invalid provision as closely as possible in intent and economic effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. No joint venture, ownership, partnership, joint controllership, employment, affiliation or agency relationship exists between you and AM.ke as a result of this Agreement or your use of this Website or any portion of it. This Agreement constitutes the entire agreement between you and AM.ke with respect to your use of this Website, and supersedes any and all prior understandings or agreements between you and AM.ke, whether written or oral. You acknowledge and agree that, in providing you access to and use of this Website, we have relied on your User Agreement Acceptance.
You shall not assign, delegate or otherwise transfer your account or your obligations under this Agreement without the prior written and duly signed consent of AM.ke. AM.ke has the right, in its sole discretion, at any time and without notice, to transfer or assign all or any part of its rights under this Agreement and will have the right to delegate or use third parties to fulfill its duties and obligations under this Agreement and in connection with the Site.
This Agreement is written in English. Any grammatical errors, typographical errors, misspellings, improper sentence structures or any other language errors appearing on this Agreement shall not alter, change or hinder the interpretation, meaning, intent and purpose of that portion of the Agreement or any other part of the Agreement, as solrely meant and intended by AM.ke. The section headings are there solely for your convenience.
By using the Website, you acknowledge that you have fully read and clearly understood these Terms and Conditions, and that you fully agree and consent to be bound and abide by each and all of them.
18. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us through:
Our email cs@am.ke or by clicking here.
Effective date: 25th Sep 2023 Click here to go back to the MAIN SITE