TERMS AND CONDITIONS OF USE

Welcome to My Condolence Book!

These terms and conditions outline the rules and regulations for the use of Broaden Reach Online Services's Website, located at www.Mycondolencebook.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use My Condolence Book if you do not agree to take all of the terms and conditions stated on this page.

GENERAL AGREEMENT.  This website is offered by Broaden Reach Online Services (hereafter “Company”). Our website and all use of it are governed by these Terms and Conditions (T&C). By viewing, using, accessing, browsing or submitting any content or material on or to this site, you agree to this T&C as a binding legal agreement between you and the Company to the fullest extent permitted by applicable law and shall apply to the exclusion of any other Terms and Conditions, warranties and representations written or orally expressed or implied (save for those which by law cannot be excluded) unless accepted by us in writing.

DESCRIPTION OF SERVICE.  The Company provides users with a platform to create a condolences book, share link with others, receive messages of condolences, edit the book and download the book for storage. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Any new Service features shall be subject to the T&C.

The service enables you to provide information regarding a deceased person and upload pictures of your choice. It also allows you receive messages of condolences from others, to edit the book, avail the book for viewing by others and to download it in PDF format for storage.

REGISTRATION AND PRIVACY. In order to access the Services, You will be required to create an account in which you must provide accurate and complete information, including a valid email address. You may not register with our service if you are under 18 years of age (by using our website you are agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).

To continue using the Services, You must ensure that this information remains accurate and complete. All information that we collect about you is subject to Our Privacy Policy, please ensure that You have read and understand this document.

SECURITY.  In order to create a condolences book, you need to create an account with us. Your account credentials will include account name and password which you will use to access services in the website. 

1. You agree that you are responsible for all activities that occur under this account. Keep the account name and password safely and immediately notify us of any unauthorized use of your password or account or any other breach of security.
2. You also agree to promptly update personal information to keep it current and complete.

To the fullest extent permitted by applicable law, we will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (i) and (ii) or for any acts or omissions by you or someone else using your account and/or password.

DATA PROTECTION. We collect personal information about you (creator of the book), the deceased, and those sending messages of condolences. We may use your information for the purposes of administration, customer service, business management, market research and analysis. We will take proper steps to ensure that your information is properly protected and not put into any unrelated use or released to any third parties (except those which by law cannot be excluded). In case of a dispute, we will release information to the relevant authority for the purposes of arbitration or litigation. Kindly read our privacy policy

USE. The Service is intended for personal use only.   

1. You agree not to use the Service for commercial purposes.
2. You are responsible for all materials (data, text, photographs, graphics, and messages) that you make available on the website. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security and ensure to log out of your account every time you use the service
3. You further grant that you will:
   1. Not to upload content that contains viruses or worms or any other harmful software agents designed to damage or disrupt the service, software or hardware.
   2. Not to upload any content or take any action that imposes an unreasonable, disruptive or disproportionately large load on our infrastructure;
   3. Not use any robot, spider, scraping tools or similar automated programs or routines or any manual process to access the service or interfere with the proper functioning of any tools in the website;
   4. Not to copy our Website or its content;
   5.  Not to circumvent any measure(s) intended to control access to My Condolence Book site or its content without our express written permission;
   6. Not to use The Broaden Reach Online Services or My Condolence Book brand names, copyright protected material or trademarks to disparage, or reflect adversely on the company or any other person or entity.
   7. Not to interfering or attempt to compromise the system integrity.
   8. Not to take actions deliberately which knowingly may hinder the service.
   9. Not to harvesting data from the service.
   10. Not to download, copy, re-transmit,  collect or store any content, including images, text, or personal information, for any purpose, commercial or otherwise, without our express written permission of Broaden Reach Online Services
   11. Not attempt to operate an account on behalf of or in the name of any other party—registering, creating a condolence book, terminating etc without express authority of such party. You agree not to interfere with another person's use and enjoyment of the service or to deprive any family member or friend of a deceased person from establishing or using a service in that person's name
   12. Not to use services or the content other than for its intended purpose, as described in these T&C including but not limited to, harass, threaten, defame, abuse another person or entity.
   13. Not attempt to gain unauthorized access to other computer systems from or through My Condolence Book URL;

4.The service provides you and others to deliver content and we do not guarantee the accuracy, integrity or quality of such content. We do not pre-screen Content, but we shall have the right to reject or remove any content that in our sole discretion violates this agreement or offends any law of the territory. You agree:

1.  We are not liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of content delivered to the service
2. Not to publish, post, distribute or disseminate any content that is harmful or offensive to any individual or community, defamatory, infringing, obscene, pornographic, sexual, and indecent; or any unlawful incendiary attacks or expressions of bigotry—of personal, sexual, racial, or religious nature.
3. Not use content that infringes any copyright, trademark, patent, trade secret, or other intellectual property right; without the express permission of the owner of the copyrights.
4. No to upload links to any other Website, commercial or otherwise without express written permission from Broaden Reach Online Services.

5.Subject to our Privacy Policy you acknowledge and agree we may preserve content you have provided.  You also agree that we reserve the right to reject any content that we reasonably believe may violate these T&C or any applicable laws 

6. You may terminate this agreement of use at any time but any money which you have paid in respect of an already generated Condolences Book cannot be refunded.

You further agree to comply with all applicable laws of the territory, and locality in which you reside and Kenyan law regarding online conduct, acceptable Content and the transmission of technical data.

PAYMENT. The price of the Services will be posted on the website. The price of the service may change at any time, with or without prior notice. Changes will not affect Condolence Books that have already been generated and paid for. The price include applicable taxes and in case the tax rates change before you pay, the price will be adjusted accordingly.

Payment for the Online Condolences Book can only be made online via M-Pesa service where it is available, through Paypal account or by credit or debit cards acceptable on the PayPal platform.

COMPLAINTS. In the unlikely event that there is any defect with the Services offered, kindly contact us as soon as possible and give us the opportunity to remedy the situation at no further cost to you.

EVENTS OUTSIDE OUR CONTROL. An event outside our control include but not limited to: Government interventions that affect business operations,  war and other forms of hostilities and social/political unrests including riots, sabotage, expropriation or confiscation of facilities and acts of God such as natural catastrophes.

You agree that we will not be liable or responsible for failure or delays to perform any of our obligations under these Terms that is caused by an event outside our control.

STORAGE.  You acknowledge that we may adopt general operational practices including but not limited to the size of a condolence book, the period that a condolences book or other uploaded content will be retained, the size of messages and the length of time during which you may access the service. You agree that the company reserves the right to determine these standards and the amount of space that your content can occupy on our servers.

OUR RIGHT TO MODIFY SERVICES.  The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice in order to reflect the following circumstances:

• Shift in business model by the company
• Changes in laws and regulatory requirements
• Any other circumstances beyond our control

1. You acknowledge that the  Company’s ability to provide the Service is contingent upon many factors that may be out of the Company’s control. Your continued use of our website shall constitute acknowledgement and agreement to be bound by such modifications of the (T&C).
2. To the fullest extent permitted by applicable law, you agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service for any reason.

If We have to revise these Terms as they apply to a service you have already initiated, we will contact you to give reasonable advance notice of the changes

TERMINATION.  You agree that the Company, in its sole discretion, may terminate your password, account or use of the Service, and may move, remove or delete and discard any Content within the Service if the Company believes that you have violated these T&C.

1.  You agree that termination of your access to the Service under any provision of this T&C may be undertaken without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
2. Consequently, you (and your agents and assigns) are not authorized to access or use the Service and you agree not to attempt to circumvent legal controls in order to access or use the Service after such access has been terminated by the Company, without the Company’s express prior written consent.

To the fullest extent permitted by applicable law, you further agree that we shall not be liable to you or any third-party for any termination of your access to the service pursuant to this Section.

EXTERNAL OR THIRD PARTY LINKS. The website may provide, or third parties including advertisers may provide, links to other World Wide websites or resources. To the fullest extent permitted by applicable you acknowledge and agree that the Company has no control over such sites and resources and is not responsible for the availability, content or damage or loss related to the use of any such site or external resources.

Your interactions with organizations and/or individuals and Third-Party companies found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree and acknowledge that Company shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the products and services of a Thirty-Party.

DISCLAIMER.  You agree and understand that the service is offered on “AS IS” and “AS AVAILABLE” basis. The Company assumes no responsibility and expressly disclaims warranties of any kind, whether express or implied, including, but not limited to fitness of the service for a particular purpose, timeliness, recovery of lost data, non-interruption of service, quality of the product as created by yourself, or error free process.

You also expressly understand and agree that we assume no responsibility for any damage to your computer system or loss of data resulting from the download of material from My Condolence Book and that any advice or information from the Company shall constitute any warranty not expressly stated in this T&C.

LIMITATION OF LIABILITY

1. To the fullest extent permitted by law, you understand and agree that the company shall not be liable for any indirect, incidental, consequential, exemplary, special or other damages arising out of or in connection with the use of the service including your use or inability to use any information on our Website; unauthorized access to or alteration of your transmission of data; or conduct of any third party on the service.
2. The service is for self-generation of condolences book and the creator is responsible for the completeness, accuracy, correctness and/or suitability of the materials included in the book. The company bears no responsibility for content delivered by a client.
3. In case of refunds, our total liability to you in respect of all losses you suffer as a result of buying the Service(s) will in no circumstances exceed the total purchase price of the Service(s) You purchased.
4. We do not in any way exclude or limit our liability for damaged caused by our negligence or for any other matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

We will not be liable or responsible for any failure to meet our obligations under these Terms, including but not limited to delivering the Services to you, that is caused by events or circumstances beyond our reasonable control.

TRADEMARK INFORMATION.  Unless otherwise stated, Broaden Reach Online Services and/or its licensors own the intellectual property rights for all material on My Condolence Book. Broaden Reach Online Services and My Condolence Book logos and product and service names are trademarks of the Company or the Company has a license to use such trademark. All intellectual property rights are reserved.

You agree not to display or use in any manner any logos, product and service names used on the Website without Our prior written permission or the prior written permission of the owner.

You also agree not to:

• Republish material from My Condolence Book
• Sell, rent or sub-license material from My Condolence Book
• Reproduce, duplicate or copy material from My Condolence Book

Redistribute content from My Condolence Book

INDEMNITY.  To the extent authorized by the user shall indemnify and the Company, System, their Regents, officers, agents, and employees harmless against any and all claims, demands, damages, liabilities and costs from any third party or otherwise which directly or indirectly result from, or arise in connection with, any negligent act or omission of the user, its agents, or employees, pertaining to its activities and obligations under this Agreement.

GOVERNING LAW AND JURISDICTION. The T&C and the relationship between you and the Company shall be governed by the laws of the Kenya without regard to its conflict of law provisions.  You hereby consent and submit to personal jurisdiction in the courts in Kenya

GENERAL INFORMATION.  The failure of the Company to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. No other person has any right under the law to enforce any term of this Agreement. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect.