TERMS AND CONDITIONS OF USE FOR THE SAFARICOM INNOVATION PORTAL [“ZINDUA CAFÉ”]
These Terms and Conditions of Use for the Safaricom
Innovation Portal
(”Zindua Café”) (“Terms and Conditions”) govern your use
of Zindua Cafe.
Safaricom reserves the right to modify these Terms and
Conditions at any time effective upon the date of posting any changes on
our
website;
www.safaricom.co.ke.
By registering as a user you agree to abide by these Terms and
Conditions and the
Safaricom Website Terms and Conditions. Any violation of
these Terms and Conditions will result in the suspension or
termination of your right to access and use Zindua Cafe.
Registration and Use of Zindua Café
1.1 In order to access and use
Zindua Café you are required to register (by providing a name, email
address and password) and by login agreeing to these Terms and
Conditions.
1.2 The use of Zindua Café is restricted to users who have attained the majority age of eighteen (18) years.
Idea Protection
Safaricom recognizes that good ideas are a rare find
and therefore requires that you protect your idea/prototype/solution
before submitting on Zindua Café.
Local protection can be done through the Kenya
Industrial Property Institute (KIPI).
More details are available at
http://www.kipi.go.ke while details of how to undertake International/Global protection can be found at
http://www.wipo.int/portal/en/index.html.
Details of the same and copies of the documentation should be provided
along with your submission.
If any of the documents submitted are false you risk
being blacklisted and or suspended from any
further engagement with Safaricom Limited. Any idea
that is submitted without protection is at your own peril.
No Confidentiality
3.1 No information or subject matter which you
submit on Zindua Cafe will be considered to be treated as confidential.
By making a submission to Zindua Cafe you hereby consent to the
disclosure of that submission by Safaricom to:
3.1.1 Any of its affiliates or subsidiaries
and any third parties or consultants for the purposes of implementation
or development and Go to Market;
3.1.2 Any regulator, supervisor, government
body, quasi-governmental authority with jurisdiction over Safaricom or
its affiliates or subsidiaries; or
3.1.3 Any person to whom Safaricom is required
or authorized by law or a court order to make such disclosure;
Notwithstanding the above, Safaricom accepts no liability whatsoever to
you for any submission made and any resultant disclosure thereof.
Idea Submission
4.1 Upon registration you will follow the
links on Zindua Café to submit your idea. On submission, your idea will
be screened for suitability in accordance with Safaricom’s business
objectives. Screening will be conducted by a team of
Safaricom cross functional experts after which your
submission will be accepted or rejected.
Safaricom has no obligation to give reasons for the
acceptance or decline of any ideas submitted on Zindua Cafe.
4.2Safaricom shall not accept ideas submitted that relate to Tariffs, promotions and marketing strategies
4.3 Safaricom’s receipt of your submission
does not imply any promise to pay or compensate you for your submission
nor is it a recognition of the alleged novelty, originality or
usefulness of your idea nor does it establish any relationship which
might require
Safaricom to compensate you for the evaluation of
the information disclosed in the submission.
Novelty
5.1 You understand and acknowledge that other
users of Zindua Cafe may have already submitted identical or similar
ideas to Safaricom, or your idea may not be novel, or may already be
under internal development by Safaricom. Accordingly, you denounce and
waive any right in the future to
make or lodge any claims against Safaricom or any of
its affiliates or subsidiaries on the basis of alleged copying or
infringement of your idea and any materials previously accepted or used
by Safaricom.
Right or License to Use
6.1 By submitting your idea to Zindua Cafe you
irrevocably grant Safaricom, the unrestricted right or license to use
any idea or material you submit for the purpose of improving it,
assessing its viability and determining its progression to the next
stage within the Innovation Cycle. Such use by
Safaricom shall not be deemed a violation of your
rights or the rights of any third party or give rise to any claim based
on such alleged violation.
6.2 Should Safaricom choose to discuss any
idea submitted idea further, such discussion shall be on a “without
prejudice” basis and will be subject to a Non -Disclosure Agreement or
such other definitive contracts as Safaricom may in its discretion
determine.
Disclaimer and Indemnity
7.1 You are responsible for the content of any
ideas which you post on Zindua Café. Safaricom does not warrant or
guarantee the accuracy, reliability, completeness, usefulness, non-
infringement of intellectual property or quality of any ideas posted by
you on Zindua Café.
7.2 You shall, at your own expense, fully
indemnify Safaricom from and against all and any loss, damage,
liability, including costs and expenses which Safaricom may at any time
incur, sustain, suffer or be subjected to as a consequence of the
content of any idea
submitted by you on Zindua Café including any
claims made by any third party with regard to the form or substance of
any idea you submit.
7.3 You hereby undertake to give Safaricom
prompt written notice of any claim (including third party claims) or
other matters to which you believe this indemnification provision may be
applicable.
Limitation of Liability
8.1 SAFARICOM SHALL NOT BE LIABLE IN CONTRACT TORT
OR OTHERWISE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE
SUSTAINED BY YOU OR ANY THIRD PARTY AS A RESULT OF ANY DIRECT OR
INDIRECT USE OF OR RELIANCE ON THE ELECTRONIC COMMUNICATION ORDERS OR
MESSAGES SENT VIA ZINDUA CAFÉ
INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE
RESULTING FROM ANY DEFECTS DELAYS INTERRUPTIONS ERRORS INACCURACIES OR
FAILURES IN THE VARIOUS COMMUNICATIONS. ANY LOSS OF DATA OR MATERIAL
RESULTING FROM DELAYS, NON- DELIVERIES, MISSED DELIVERIES, SUSPENSION OR
WITHDRAWAL OF ALL OR PART
OF ZINDUA CAFÉ AT ANY TIME. THE REMOVAL FROM ZINDUA
CAFÉ OF ANY MATERIAL SENT OR POSTED BY YOU ON OR VIA ZINDUA CAFÉ AND OR
THE BLOCKING OR SUSPENSION OF YOUR ACCESS TO ZINDUA CAFÉ OR ANY PART OF
IT IN ACCORDANCE WITH THESE TERMS.
8.2 SAFARICOM’S MAXIMUM LIABILITY UNDER THESE
TERMS AND CONDITIONS IF ANY FOR ALL CLAIMS HOWSOEVER ARISING SHALL BE
LIMITED TO A MAXIMUM OF KES 100,000 ONLY.
Assurance of Intellectual Property
9.1 You hereby warrant to Safaricom that you
are the genuine creator/originator of the idea and/or the owner of all
intellectual property rights comprised in the idea (if any) and where
applicable possess all the necessary rights and permissions to submit
the idea to
Safaricom and that your submission does not violate
the rights of any third party or any applicable law.
9.2 You further warrant that no claim of
infringement of any patent, copyright, trade mark, trade secret or other
intellectual property rights in respect of the idea has been threatened
or asserted, nor is a claim for such infringement pending against you
or any of your agents,
or to the best of the your knowledge, any entity
from which you have obtained such rights.
9.3 Any use of Safaricom’s intellectual
property in the idea does not imply a waiver of any rights with regard
to the ownership and use of the intellectual property.
Compensation
You understand and accept that Safaricom is under no
obligation to compensate you for the submission of the idea unless the
idea is approved and adopted by Safaricom upon successful completion of
each of the idea submission stages in
Zindua café and the terms of compensation will be
captured in the contract to be signed thereafter.
General Release
You hereby release and hold harmless Safaricom, its
affiliates entities, employees, directors, officers,
licensees and assigned and respective designees.
(“Safaricom entities”) with respect to any claims, damages,
costs, losses and expenses including legal fees due
to or arising out of the content you submit, post,
transmit or make available through Zindua Cafe, the
use of such content by Safaricom Entities for any purpose,
your use of Zindua Café, your violation of these
Terms and Conditions or Safaricom’s website’s Terms and Conditions
or the violation by you or Safaricom entities of
yours or any third party’s rights including without limitation,
intellectual property or other proprietary rights of
privacy and publicity, rights of attribution or any other liability,
direct or indirect, vicarious, contributory or
otherwise.
Restriction on Content
12.1 By participating in Zindua Café including
the posting of content and commentary, you agree that you will not
upload, post or transmit
any content (including text, links, communications,
software, images, sounds, data or other information ) that:
12.1.1 Is not consistent with the permissible
uses outlined in the Terms and Conditions of Safaricom’ s website
including
by not limited to content that is harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of
another’s
privacy, vulgar, profane, sexually explicit,
obscene, racially or ethnically offensive or otherwise objectionable;
12.1.2 Infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
12.1.3 Constitutes advertising or promotion,
junk mail, “spamming”, chain letters or any other form of unauthorized
solicitation that connects to commercial websites
that will not be considered unauthorized solicitations unless the
link or website consent appears to be intended as a
means of solicitation as determined by Safaricom in its sole discretion;
12.1.4 Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that will disrupt,
damage or limit the functioning of any software or hardware including the use of Safaricom’s website
12.1.5 Provides any non- public information
about Safaricom or any other company or person without proper
authorization
and includes providing names, addresses and
extension numbers of Safaricom’s employees or any of its subscribers;
12.1.6 Intentionally interferes with the
operation of Safaricom’s website without limitation mail bombing, news
bombing other flooding techniques, deliberate
attempts to overload a system and broadcast attack to avoid messaging
blocking;
12.1.7 Impersonates any person or entity including anyone in Safaricom’s employment.
12.1.8 Attacks or insults another Zindua Café user or site manager;
12.1.9 Suggests or encourages illegal activity; or
12.1.10 Violates Kenyan law.
Governing Law and Dispute Resolution
THIS TERMS AND CONDITIONS SHALL BE GOVERNED IN
ACCORDANCE WITH THE LAWS OF KENYA AND ITS VALIDITY CONSTRUCTION AND
EFFECTIVENESS SHALL BE GOVERNED AND ENFORCED
PURSUANT TO THE SUBSTANTIVE LAWS OF KENYA. THE PARTIES AGREED THAT ALL
LEGAL
PROCEEDINGS IN CONNECTION WITH THE ENFORCEMENT,
CONSTRUCTION, INTERPRETATION, BREACH OR VIOLATION OF THIS AGREEMENT
SHALL BE REFERRED TO ARBITRATION BY THE KENYAN
BRANCH OF THE CHARTERED INSTITUTE OF ARBITRATORS, IN ACCORDANCE WITH THE
PROVISIONS OF THE ARBITRATION ACT, 1995 AND OR ANY
OTHER STATUTORY MODIFICATIONS MADE