PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
1. Who we are and how to contact us
https://ltwp.co.ke/ (“Website”) is a site operated by Lake Turkana Wind Power Limited (“we”, “us” or “our”). We are registered in Kenya under company number 105671 and have our registered office at Lake Turkana Wind Power Ltd. Karen Office Park, Langata Road, Karen, Nairobi, Kenya.
To contact us, please email us.
2. Acceptance of these terms
References to “you” or “your” are references to any individual or business accessing our Website.
These Terms and Conditions of Use govern your use of our website and by accessing any part of our Website you are deemed to accept and be bound by them. If you do not agree to these terms, you must not use our Website.
We recommend that you print a copy of these terms for future reference.
We may amend these Terms and Conditions of Use from time to time, including adding new rules or terms governing use of or access to certain parts of our Website. Every time you wish to use our Website, please check these Terms and Conditions of Use to ensure you understand the terms that apply at that time. Your continued use of our Website will constitute your acceptance of any changes.
There are other terms that may apply to you, most notable:
Terms and Conditions of Use:
3. Modification, suspension, or withdrawal of our Website
We may update and change our Website from time to time to reflect changes to our business priorities or for any other reason.
We do not guarantee and give no warranty that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website, temporarily or permanently, for any reason, including without limitation to service the site or where we believe that you have not acted in accordance with these Terms and Conditions of Use. We will try as far as reasonably practicable to give you reasonable notice of any suspension or withdrawal, except in circumstances of your breach of these Terms and Conditions of Use, in which case access suspension or withdrawal may be immediate.
You agree that we shall not be liable to you or any third party for any such change, suspension or withdrawal of our Website.
4. Use of Our Website
Our Website is not directed to, nor intended for distribution or use by, any person or entity in any jurisdiction or country where the publication or availability of this Website or such distribution or use would be contrary to local law or regulation. If you choose to access information on this Website, it is your responsibility to comply with the applicable local, national or international laws in your country of residence.
Our Website is intended for use solely by persons over the age of 18.
5. Our intellectual property
Unless otherwise specified, we are the owner or the licensee of all intellectual property rights in or on our Website and its content, including but not limited to copyright and unregistered and registered trademark rights. All such rights are reserved and the benefit of any goodwill which arises through your use inures to us.
You may print and/or download extracts of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website. You may not use any part of the content on our Website for any other purposes without our prior permission.
You must not modify any of our Website materials you have printed off or downloaded in any way, or use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
If you print off, copy or download any part of our Website in breach of these Terms and Conditions of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6. Acceptable Use of the Website
You may use our Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, including in any way that might breach of the terms relating to Security below.
- For the purpose of harming or attempting to harm minors in any way.
- To bully, intimidate or humiliate any person.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- In any way which undermines or negatively impacts our Website or our reputation generally.
- To reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of the website terms and conditions of use.
You also agree not to access without authority, interfere with, damage or disrupt:
- Any part of our Website;
- Any equipment or network on which our Website is stored;
- Any software used in the provision of our Website; or
- Any equipment or network or software owned or used by any third party.
When we consider, in our discretion, that a breach of this term has occurred, we may take such action as we deem appropriate, including without limitation:
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all actions we may take in response to any breaches of these Terms and Conditions of Use. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
7. Do not rely on information on this site
Although we have taken all reasonable care to ensure that the information provided on our Website is accurate, we give no warranties, representations, or conditions of any kind, whether express or implied, with regard to the Website itself or the accuracy, timeliness, or completeness of any such information. We also give no warranties of merchantability, fitness for any particular purposes or non-infringement in respect of the Website. Your use of the Website is provided on an “as is” and “as available” basis only.
Opinions and any other content on our Website are provided for general informational purposes only and are subject to change without notice. It is not intended to amount to advice on which you should rely. In particular, nothing contained on our Website constitutes investment, legal, tax or other advice and is not to be relied on in making an investment or other decision.
You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
8. We are not responsible for websites we link to
Where our Website contains hypertext links to third-party internet websites and resources, such links are not an endorsement by us of such websites or of any of the products, services, or information you may obtain from them.
You use such links entirely at your own risk and we accept no responsibility or liability for the content, use or availability of such websites. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them.
Those websites or resources may have their own terms, conditions and policies, and it is your duty to ensure that you comply with them. We accept no liability, no matter how that may be caused, for any failure on your part to view, comply or familiarise with any such terms, conditions and policies.
We have no control over the contents of those sites or resources.
9. Rules about linking to our Website
You may link to our home page on your own website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to be likely to deceive any person or suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website on any website that is not owned by you.
Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice at any time and for any reason, in which case you must remove any links to our Website within 24 hours of notification.
The website from which you are linking to our Website must be owned and controlled by you (and not a third-party website) and comply in all respects with the rules on Acceptable Use of the Website set out in Section 7 of these Terms and Conditions of Use.
We accept no liability for any loss or damage, howsoever arising, from your failure to comply with these Rules about linking to our Website.
If you wish to link to or make any use of content on our Website other than that set out above, please contact us for prior permission. Please also contact us if you see any linking activity which is contrary to this Rules about linking to our Website section.
We do not guarantee that our Website will be compatible with all hardware and software which you may use, nor that it will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website in any way, including without limitation by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse and Cybercrimes Act 2018 or other similar laws, where applicable, as amended or replaced from time to time. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
You will indemnify us to the fullest extent possible for any loss or damage suffered which arises out of or in connection with a breach of this term.
11. How we may use your personal information
12. Our responsibility for loss or damage suffered by you
Our Website is made available solely to business users, meaning users who are accessing our Website for purposes relating to a trade, business, craft or profession.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
- use of, or inability to use, our website; or
- use of or reliance on any content displayed on our Website.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of data;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage, or any special or incidental damages.
If any of these terms is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions of these Terms and Conditions of Use and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
14. Which country’s laws apply to any disputes?
These Terms and Conditions of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Kenyan law. By accessing out Website, you agree that the Kenyan Courts will have exclusive jurisdiction to determine any matter or dispute in connection with or arising out of this site and these Terms and Conditions of Use.