Blazebay Terms and Conditions
Blazebay Terms and conditions are applicable to the general use and access of the Blazebay website namely (www.blazebay.com) and its ‘affiliates’ herein referred as ‘Website or site.’ The terms and conditions are binding in law as between Blazebay.com as a legal entity and the website users.
In this terms and conditions: ‘Terms’ refers to this terms and conditions or the provisions herein; ‘Site’ refers to www.blazebay.com; ‘affiliates’ refers to sites linked to or are incorporated under domain name Blazebay.com; ‘user/you,’ refers to Blazebay.com website users whether individually or otherwise; ‘we/our’ refers to Blazebay.com; ‘Additional Agreements’ refers any agreements incidental but not contained in these terms.
3.0 Use and Acceptance of Terms
3.2 It is conditional that access and/or use of the site, a user binds him/herself with these Terms. A minor in law may not bind herself/himself or enter a valid contract under these Terms.
3.3 By use of the Terms, a user agrees to be bound by these terms and or any other amendments that Blazebay.com may make on its sites regarding the terms and or any other related policies or rules.
4.0 Compliance and users
4.1 It is a precondition that a user’s access and use of the site agrees to be bound by all laws and regulations governing the use of the site.
4.2 A user also agrees that the use of the site and or its services shall solely be for private purposes, and at no time a user is allowed to reproduce, copy, re-publish, download, distribute, sell, or resell any information, or services for purposes of running a business that competes with Blazebay.com.
4.4 Blazebay.com may allow access to third parties on its site through hyperlinks but it does not guarantee users safety on third parties privacy policies and their terms and conditions. A user is responsible for accepting such other third parties terms and conditions as Blazebay.com shall not be responsible for use or abuse of third parties websites.
4.5 A user shall not in person or by proxy be subject to any action or omission thereof that shall undermine the integrity of Blazebay.com computer systems or their networks.
4.6 By virtue of displaying or posting material or content of Blazebay.com site or on our affiliates, you first guarantee that you have all rights necessary to grant authority of the licences and permit Blazebay.com, an irrevocable permission to use for purposes of operating the site, services and business for the user.
5.0 Services Provision
5.1 Blazebay.com is a Limited Liability Company incorporated under the laws of Kenya Chapter 486 and as repealed by the Companies Act, 2015. Blazebay.com is the main contracting entity.
5.2 A user must register on the site as member to gain access to services. Blazebay.com reserves the right to grant or deny access or to any product at its own discretion.
5.3 Blazebay.com affiliates may provide some services on its behalf.
6.0 User Accounts
6.1 A user of Blazebay.com must be registered on the site as ‘member’ to gain access to services. Blazebay.com reserves the right to terminate or cancel an account if it has reasons to suspect any user or for any other reason.
6.2 Upon registration, a user is issued with a unique ID and a password by Blazebay.com that also enables a member send or receives emails.
6.3 The confidentiality of a members ID and password are personal responsibility, and Blazebay.com does not allow sharing or assigning of member’s ID or password beyond a member’s business entity. Any unauthorized use/access or breach of account security should immediately be reported to Blazebay.com
6.4 A member is deemed to be responsible for any activity including access, purchase or payment of any goods or services on his or her account.
6.5 A member shall be held liable in terms of any liability that may arise as a result of grant of access to other persons or multiple users to a Blazebay account or the sites.
7.0 Responsibilities of Members
7.1 Each Blazebay member agrees, represents and warrants that: they have capacity, full power and authority to accept terms and to enter into valid contracts herein by granting authorization and license; the use of the site is solely for business purposes and the address provided represents the principal location of the business entity.
7.2 Each Member shall be required to provide valid (true, current, accurate, and complete) information credentials material to registration of the business entity/products/services in addition to registration on the site as a member account.
7.4 Each member represents, agrees and warrants that they shall have full responsibility of acquiring all requisite third party permissions and licenses relating to any content and shall also ensure that it does not infringe any third party rights and shall have full authority to sell or trade in the goods and as such are not subject to any trade restrictions of any legal jurisdiction.
7.5 Each member represents that user content provided is a true and accurate representation of the products and services and shall also be lawful.
7.6 Each member represents and warrants that all activities shall carried out on the site shall be in accordance with the law without any reservation and shall not engage in any activity unlawful activity including activities against public morals.
7.7 Member accepts thatBlazebay.com shall not be expected to actively monitor any content or information on its sites or does not endorse or certify each member comment on its site(s).
7.8 Member accepts the sole responsibility for observing various laws and regulations in the se of the site.
8.0 Breach of Terms and Responsibility
8.1 Blazebay.com may at any time when it reasonably believes that there is violation of Terms or any law terminate, reject or modify any content on its sites.
8.2 Blazebay.com may at any time when it believes a breach by a member regarding its Terms or any other reasonable grounds may terminate, restrict, limit access to, remove any product listing, impose other restrictions or impose any other penalties at its own discretion as may deem necessary.
9.0 Buyer and Seller Transactions
9.1 Blazebay.com provides an electronic based platform and or website through which buyers and sellers exchange information on products and services.
9.2 Blazebay.com also provides electronic means for web-based transactions for buyers and sellers where they accept and conclude and/or manage their transactions in accordance with this Blazebay.com Transactions Agreement.
9.3 In these agreements Blazebay.com does not represent either of the parties (seller or buyer) and hence not liable to any extent whatsoever.
9.4 Blazebay.com does not take full responsibility of detecting frauds though it undertakes due diligence to authenticate the users and information of the members on its sites; but also cautions that a member is also to verify accuracy of information when transacting on Blazebay.com for Blazebay does not guarantee full responsibility on any purported identities. Members are encouraged to exercise due diligence to verify the authenticity of parties dealing with.
9.5 A user takes full responsibility of any risk of conducting any transactions on the site or its services which include risks of but not limited to: fraudulent schemes, mis-representation of products and services, failure to meet specifications, unsatisfactory quality, defective or dangerous products, delay or default in delivery or payment, unlawful products, and transportation accidents, cost mis-calculations, breach of contract and breach of warranty. Such risks include users’ injury from use of products or services, manufacture importation and exportation risks.
9.6 Users are responsible for the terms and conditions of transactions on Blazebay.com. Users also agree to provide all information material with all transactions on Blazebay.com and Blazebay.com reserves the right to suspend or terminate any account of a user on failure to provide requisite information. In case of a dispute, a party agrees to indemnify Blazebay.com from all claims without limitation as a result of such transaction.
10.0 Limitation of Liability
Blazebay.com takes no liability and or shall not be held liable to the full extent of the law regarding the services on Blazebay.com or through its affiliate sites. All information and and/or services is provided is on ‘as is’ basis, ‘as available’ and ‘with all faults’ and Blazebay.com in EXPRESS TERMS DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED AND MAKES NO REPRESENTATIONS OR ANY WARRANTIES OF ANY PRODUCTS ON ITS SITES REGARDING THE GOODS AND/OR SERVICES.
11.0 Acts of God and Force majeure
Blazebay.com shall not be held responsible, or rather takes no responsibility for any failure, delay or disruption of its services resulting from causes or forces beyond our reasonable control, acts of nature, including but not limited to: Internet failures, telecommunications, computer, or any equipment failures, strikes, electrical power failures, riots, insurrections, labor disputes, civil disturbances, fires, shortages of labor or materials, storms, flood, explosions, non-performance of third parties, governmental actions, war, acts of God, orders of domestic/foreign courts/tribunals.
12.0 Communication and Notices
12.1 All communication including legal notices, demands or any official information shall be made in writing to Blazebay.com by certified mail at (Blazebay.com , Blazebay, 1st Floor, Panesar Center, Mombasa Rd, Nairobi, Kenya).
12.2 Effective service of all demands and legal notices shall only be upon delivery by registered courier, personal delivery, facsimile, certified mail, or email provided officially by Blazebay.com to the user on its website.
12.3 A user also agrees to be bound that all communications at Blazebay.com including disclosures, demands, notices and all agreements received electronically meet the legal requirement that the communication is equally in written.
13.0 Intellectual Property Rights
13.1 Blazebay.com is the exclusive owner of the sites and content of Blazebay.com including all interests and rights therein.
13.2 Ownership and title of Blazebay.com, including intellectual property rights as existing under world copyright laws, trade secrets, belong to Blazebay.com.
13.3 Blazebay.com reserves all the terms as explicit and implied under Blazebay.com.
13.4 ‘BLAZEBAY’, ‘BLAZEBAY.COM’ are registered trademarks of holding group CHURCHBLAZE.COM’ and affiliate logos protected and their use is STRICTLY prohibited in any manner whatsoever.
13.5 Prior authorization of any third party services including their trademarks or their logos should be authorized by the third parties prior to their use.
14.0 General Provisions
14.1 These terms takes precedence of any agreements entered into previously and in themselves constitute a valid agreement between the user and Blazebay.com with regards to the use of the site or its services.
14.2 Blazebay.com and the user are exclusive independent entities and contractors with no agency relationship, or partnership.
14.3 Headings in these terms are only for references purposes and cannot be construed otherwise or to imply the extent of the provision or lack thereof.
14.4 The invalidity of any term or condition herein shall only be to the extent of the invalidity and not the terms as a whole.
14.5 Blazebay.com reserves the right to assign the Terms to any natural person, entity or any of its affiliates in whole or in part.
14.6 The laws of Kenya shall be applicable to all Blazebay.com transactions, irrespective conflict of laws for cross-border transactions. Parties agree to be bound by exclusive jurisdiction of law of Kenya and its judicial institutions including the courts of law.