Terms & Conditions
Use of the Deacons (East Africa) PLC website.
The following outlines the way in which Deacons Kenya Limited receives information from you via our web site (“the Site”) and the manner in which it is used:
- When you register, you may also choose whether or not you wish to receive email and SMS communication from us. These communications are usually to notify you about important changes to the web site, new services, and special offers we think you’ll find valuable. If you would rather not receive this information, or would like to opt-out of any other forms of communication, you may do so by updating your options.
- When you register, you create a user name and password and provide some additional details. The details enable us to ensure that your future interactions with us online are more effortless.
1.1 Your use of this and other websites of the Deacons Kenya Limited is subject to the terms and conditions as set out below, including, but not limited to the documents that are referred to in some of the clauses.
1.2 You should read the terms and conditions carefully before you access any website or participate in any blogs, chat room, newsgroup, bulletin board, mailing list, transaction or other on-line forum of Deacons Kenya Limited.
1.3 By using these websites, you acknowledge that you have read these terms and conditions and agree to be bound by and comply with them.
2.1 Permission for the commercial use of any content on the company’s websites may be obtained from the Company Managing Director’s Office at:
NORFOLK TOWERS, Kijabe Street,
BLOCK G, 1st Floor
P.O. BOX 30087
Tel: +254 20 221 4203, +254 20 224 7213
Fax: +254 20 222 1108
2.2 Copyright in the pages, screens, information and material and in their arrangement included in this Site is owned by or licensed to Deacons Kenya Limited unless otherwise noted. We reserve all copyright, trade mark, patent, intellectual and other property rights in the information and materials contained in the Site. No express or implied license is granted in this respect.
2.3 You may imprint, copy, download or temporarily store extracts from our Site for your personal information or when you use our products and services. You must not alter anything. Any other use is prohibited unless you first get our written permission. In particular no one may use a part of our Site on any other website, or link any other website to our Site, without our prior written permission.
2.4 Any copy you make must include this copyright notice: Copyright 2009 by Deacons Kenya Limited. All rights reserved. If attribution to Deacons Kenya Limited is included, limited quotations from the content are hereby permitted. You may not copy or display for redistribution to third parties for commercial purposes any portion of the content without the prior written permission of Deacons Kenya Ltd.
3. Other Intellectual Property Rights
3.1 All the work, trademarks and databases on this website, including but not limited to, software, text, graphics, icons, hyperlinks and designs are proprietary of or licensed to Deacons Kenya Limited and as such are protected from infringement by local and international legislation and treaties. Subject to the rights afforded to you herein, all other rights to all intellectual property on this site are expressly reserved.
You may not use this website for any of the following purposes:
- disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- gaining unauthorised access to other computer systems;
- interfering with any other person”s use or enjoyment of this website;
- breaching any laws concerning the use of public telecommunications networks;
- interfering or disrupting networks or web sites connected to this website;
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- any claim by any third party that the use of this website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
- any claim by any third party that the use of this website by you infringes that third party”s copyright or other intellectual property rights of whatever nature; and
- any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of this website by you.
4. Electronic communications
4.1 When you visit the Deacons Kenya Limited website and during that visit complete a web form to request information or when you send an e-mail to Deacons Kenya Limited, and do not explicitly request a non-electronic communication medium, you are deemed to consent to receiving communications from Deacons Kenya Limited electronically and agree that all agreements, notices, disclosures and other communications sent by Deacons Kenya Limited satisfy any legal requirements, including, but not limited to the requirement that such communications should be “in writing”.
4.2 You acknowledge and accept that the action to click on specified buttons on certain web forms on the Deacons Kenya Limited sites may constitute an expression of intent.
E-Mail: If you so select at registration to subscribe to newsletters, we will occasionally send you different types of emails including sale notification and communication regarding your particular interest or the website in general.
Additionally, the email address provided by you may be used by Deacons Kenya Limited to contact you regarding:
- Account details/status or confirmation of registration.
- your participation in user surveys
User surveys greatly help us to improve our website, and any information we obtain in such surveys will not be shared with third parties, except in aggregate form.
5. Linking and framing
5.1 Where we provide hypertext links to other locations on the Internet, we do so for information purposes only. We are not responsible for the content of any other websites or pages linked to or linking to this Site. We have not verified the content of any such websites. Following links to any other websites or pages shall be at your own risk and we shall not be responsible or liable for any damages or in other way in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
5.2 No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on our Site.
5.3 Messages sent over the Internet cannot be guaranteed to be completely secure as they are subject to possible interception or loss or possible alteration. We are not responsible for them and will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to the Bank or any message sent by the Bank to you over the Internet.
6. Using search technology
6.1 The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this website is strictly prohibited.
The following clauses exclude and limit our legal liability. You should read them carefully. They all apply only as far as the law permits.
7.1 Whilst we have taken reasonable steps to ensure the accuracy, currency, availability correctness and completeness of the information contained on the Site, information is provided on an “as is”, “as available” basis and we do not give or make any warranty or representation of any kind, whether express or implied. The use of the Site is at your sole risk. We shall not be liable for any loss or damage whatsoever and howsoever arising as a result of your use of or reliance on the information contained on the Site to the maximum extent permitted by law. Without prejudice to the foregoing, in no event shall Deacons Kenya Limited or any of its affiliates be liable for any special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other actions, arising out of or in connection with the use, copying, or display of the content.
7.2 We do not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
7.3 We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Site.
7.4 It is your responsibility to verify any information before relying on it.
7.5 The content of this site may include technical inaccuracies or typographic errors. From time to time changes are made to the content herein. Deacons Kenya Limited may make changes in the products and/or the services described herein at any time.
7.6 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Deacons Kenya Limited unless the contrary is explicitly indicated.
7.7 All items purchased from Deacons Kenya Limited, are made pursuant to agreements with shipping, delivery or transmission agents and risk of loss pass from Deacons Kenya Limited to such agents upon delivery of any item to such carrier.
7.8 Neither Deacons Kenya Limited nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
7.9 Deacons Kenya Limited does not screen or edit all the content, including postings of any kind, on the various company sites and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to use the online feedback form to notify Deacons Kenya Limited of any content that may be offensive or illegal.
7.10 No information or data on this web site is an offer to do business, but is merely an invitation to do business.
7.11 No agreements shall be concluded merely by sending a data message to Deacons Kenya Limited. Valid agreements require an acceptance of an offer from Deacons Kenya Limited.
7.12 No e-mail message shall be deemed to have been received by the company until the complete data message enters the Deacons Kenya Limited mail server and is capable of being retrieved and processed by the addressee.
8. Description of main characteristics of goods and services
The opportunities and goods and services that Deacons Kenya Limited offer are stated on various web pages on the Deacons Kenya Limited sites. The information provided on such pages is subject to change without prior notice.
9. Fees and other costs
9.1 The prices for products and or services of Deacons Kenya Limited are stated on various web pages on the Deacons Kenya Limited sites. These amounts are subject to change without prior information or notification.
9.2 Import duties may be payable by recipients of goods in foreign countries. Deacons Kenya Limited does not have knowledge of and therefore does not provide information on such levies.
10. Deliveries and other service levels
10.1 The delivery times for are subject to seasonal peaks and/or delays at customs.
11. Payment methods
11.1 Only requests for credit card payments are accepted via the Deacons Kenya Limited websites. These requests are processed offline at a later stage.
11.2 Various other offline payment options, such as direct bank deposits and cheque payments, are available to prospective buyers of other products. Please contact us to
12. Terms of agreement and guarantees
12.1 The terms of agreement for other transactions, are presented on the relevant web pages.
12.2 If a user is not satisfied with goods purchased from Deacons Kenya Limited, he/she may or may not return such goods as specified on the relevant order form on the site, subject to the cooling off period of 7 days after the date of the receipt of such goods or any other terms explicitly expressed.
12.3 If Deacons Kenya Limited supplies the wrong product or if the product is in any way faulty or damaged, Deacons Kenya Limited will exchange it for the correct one. Deacons Kenya Limited will make a reasonable effort to exchange the product, but if replacement is not possible, Deacons Kenya Limited will offer the customer company gift vouchers instead. This will be done with reference to the return policy of Deacons Kenya Limited.
12.4 Note that once opened, the goods will not be accepted for a refund and will only be replaced with another copy of the same product.
13. Self-regulation, accreditation and code of conduct
13.1 Deacons Kenya Limited is a member of various associations.
14.1 These Terms and Conditions of Use constitute the entire agreement between Deacons Kenya Limited and you, the user of this web site. Any failure by Deacons Kenya Limited to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
14.2 In the event that any term or condition of the use of this website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
15. Governing law
15.1 This site is hosted, controlled and operated from the Republic of Kenya and therefore governed by Kenyan law
16.1 All reasonable steps will be taken to secure a user’s information
16.2 Users undertake not to divulge their usernames and passwords to any other person.
16.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access to any information on this website, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this website. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this website or attempts to gain unauthorized access to any page on this website shall be held criminally liable, and in the event that Deacons Kenya Limited should suffer any damage or loss, civil damages will be claimed.
17. Changes and amendments
17.1 Deacons Kenya Limited expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria, information, prices and rates quoted on its websites without prior notice.
17.2 Deacons Kenya Limited may, in its sole discretion, change the terms and conditions of using its websites at any time without prior notice.
18.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, the Kenyan law will apply and the appropriate courts of Kenya will have jurisdiction.
19.1 Deacons Kenya Limited chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
20. Term and termination
20.1 This agreement shall commence when the user starts using the Deacons Kenya Limited websites and continues indefinitely until terminated by Deacons Kenya Limited.
20.2 We recommend that you review our policy from time to time as there may be occasional updates.
21. General information
21.1 Deacons Kenya Limited deemed to have been established in terms of section of the laws of the republic of Kenya.
21.2 Deacons Kenya Limited may be visited or contacted at the following addresses:
|Postal address:||PO Box 30087, Nairobi, 00100, Kenya|
|Physical address:||NORFOLK TOWERS, Kijabe Street,, Nairobi, Kenya|
|Telephone:||+254 20 221 4203, +254 20 224 7213|
|Fax:||+254 20 222 1108|
|E-mail:||firstname.lastname@example.org for technical issues|