TERMS AND CONDITIONS

WELCOME TO WAHENGA

By accessing this website or using the services, you are agreeing to the Terms, Wahenga’s Privacy Policy and wahenga’s community guidelines. YOUR USE OF THIS WEB SITE OR THE RELATED WAHENGA MOBILE APPLICATION CONSTITUTE YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. This Web Site (the “Web Site”) and the related Wahenga Mobile Application (the "App") are services made available by Wahenga Ltd, a Kenyan limited liability company, and its affiliates and licensees ("Provider") and all content, information and software provided on and through the Web Site or App ("Content") may be used solely under the following terms and conditions ("Terms of Use"): Web Site and App License

As a user of this Web Site or App you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Web Site and App, and Content in accordance with these Terms of Use. Limitations on Use

The Content on this Web Site and App is for personal use only and not for commercial exploitations. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Web Site, App or the Content without Provider's prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site or App, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or App or any portion thereof, any software available on or through the Web Site or App in violation of the export control laws and regulations of Kenya. Any unauthorized use of the Web Site or App or the Content is prohibited. Wahenga’s products and services are provided by Wahenga Center Ltd. These terms and condition of use govern your use of Wahenga’s websites, mobile applications, products and services (collectively the services) so please read them carefully.

License of Your Content to Provider

With respect to User Provided Content, you agree that:

You are solely responsible for your User Provided Content;
You have all the necessary legal rights to upload or post your User Provided Content;
You will provide wahenga, upon our request, with any documentation necessary to evidence your compliance with these Terms; and
Any User Provided Content that you have shared may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from the family trees or public profiles of other users.

We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms. Serious or repeat violations or offenses will subject the responsible User to account termination, at wahenga’s sole discretion. You own your Personal Information and User Provided Content. You can delete your Personal Information from Ancestry by logging into your Account Settings (for additional information, see the Privacy Statement). So long as your content remains on our system, we need certain rights from you for your and others’ use of the Services. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information in order to provide the Services to you and other users and for any other purpose to which you expressly agree, such as sharing with others. Also, by submitting User Provided Content through any of the Services, you grant wahenga a perpetual, sublicensable, worldwide, non-revocable, royalty-free license to host, store, copy, publish, distribute, provide access to, create derivative works of, and otherwise use such User Provided Content to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. This includes the right for Wahenga to copy, display, and index your User Provided Content. Wahenga will own the indexes it creates. Notwithstanding the non-revocable and perpetual nature of this license, it terminates when your User Provided Content is deleted from our systems. Be aware that to the extent you elected to make your User Provided Content public and other users copied or saved it to the Services, this license

If you believe that any material on our website infringes upon any copyright which you own or control, you may file a Notice of Alleged Infringement with Wahenga’s Designated Copyright Agent: Wahenga Center Ltd Attn: Legal Department Email: legal@Wahengacenter.org

Advertisers

This Web Site and App may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Web Site and App is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials. Registration

Certain sections of this Web Site and App require you to register. If registration is requested, you agree to provide Wahenga with accurate, complete registration information. It is your responsibility to inform wahenga of any changes to that information. You are responsible for preventing any unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing info@Wahengacenter.com. Errors and Corrections

Provider does not represent or warrant that the Web Site or App will be error-free, free of viruses or other harmful components, or that defects will be corrected. Provider does not warrant or represent that the information available on or through the Web Site or App will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content at any time.

Third Party Content

Third party content may appear on this Web Site and App or may be accessible via links from this Web Site or App. Provider is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, or falsehood in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site or App. You understand that the information and opinions in the third party content is neither endorsed by nor does it necessarily reflect the belief of Provider.

Disclaimer of Representations and Liability

Please read this section carefully as it affects your rights The information, content, software, products, and services made available through Wahenga may include inaccuracies or typographical errors. Wahenga and/or its suppliers may at any time make improvements or changes to our Services. Information received via Wahenga should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk. TO THE FULLEST EXTENT PERMITTED BY LAW, WAHENGA AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE WEB SITE AND APP ARE PROVIDED ON AN "AS IS" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE OR APP AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITE AND APPS OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE OR APP, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR APP OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR APP,OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE OR APP. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WAHENGA, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WAHENGA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WAHENGA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO WAHENGA FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION. Wahenga shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from YOUR USE OF THE WEB SITE OR APP. Wahenga SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE OR APP OR THE CONTENT. Unlawful Activity Wahenga reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Remedies for Violations Wahenga reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Web Site or App and their features. Governing Law and Jurisdiction The Terms of Use are governed by and construed in accordance with the laws of Kenya. Any action or claim related to the Content, Web Site or App shall be brought in the State Courts in Nairobi, Kenya or any other courts with requisite jurisdiction. Privacy Your use of the Web Site is subject to Wahenga’s Privacy Policy, available through this Website. Severability of Provisions These Terms of Use incorporate by reference any notices contained on the Web Site or App and the Privacy Policy, which together constitute the entire agreement with respect to access to and use of the Web Site or App. If any provision of these Terms of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. Modifications to Terms of Use Wahenga reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site or the App and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription. Our responsibilities to you While we will endeavour to ensure that the App is normally available 24 hours a day, we shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App. The App, including all content on or available through the App, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App. The content of the App is not intended as advice and should not be relied upon.

We do not accept any responsibility to you for:

malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send or the material you access via the App;
any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
any unauthorised use or interception of any message or information before it reaches the App or our servers from the App;
any unauthorised use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
any content provided by third parties.

Communication and Consent to Receive Emails

The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing. Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation. We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant wahenga non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, and modify such content throughout the world in any media.

User Account

If you are an owner of an account on the Wahenga website or App, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password. We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion. Acceptable Use of Communications Services

Our Services include a large number of what are collectively called "Communications Services." These include services such as chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.

Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's computer.
Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Harvest or otherwise collect personally identifiable information about others, without their consent.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Violate any applicable laws or regulations.

Although Wahenga has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Wahenga reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request. No Unlawful or Prohibited Use You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Wahenga to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member's use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Wahenga reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion. You may not hack, "scrape" or "crawl" Wahenga.org whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Wahenga has not intentionally made available to you on its website via purchased subscription. Your use of the Wahenga website does not entitle you to resell any Wahenga content without prior express written consent from Wahenga. Release and Indemnity On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Wahenga, your Program Sponsor and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to. You agree to indemnify and hold Wahenga and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another. Dispute Resolution by Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Service Department at (insert number). You can also email us at customerservice@Wahengacenter.org . However, if Wahenga is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the Chartered Institute of Arbitrators- Kenya. The arbitration will be held in Nairobi, Kenya or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions and consolidation with other arbitrations aren't allowed. Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

Either you or Wahenga may assert claims, if they qualify, in small claims court in NAIROBI, Kenya, where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
Wahenga may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
Wahenga may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in courts of competent jurisdiction in Nairobi, Kenya, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

Wahenga may, in the future, make changes to these provisions regarding dispute resolution and arbitration. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the modification and addressed to the legal department as indicated hereinabove. Entire Agreement These Terms constitute the entire agreement between you and Wahenga with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. Waiver, Severability and Assignment Wahenga's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Wahenga may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

If Wahenga is Acquired

If Wahenga or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), Wahenga has the right to share your Personal Information and User Provided Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.