Terms of Website Use

Introduction

Please read carefully these conditions as they govern your use of this website, owned by AFRICAN RESEARCH COLLABORATION FOR HEALTH LIMITED also known as the KEMRI WELLCOME TRUST RESEARCH PROGRAMME (hereunder referred to as “KWTRP”, “we”, “us”, “our”) with company registration number CPR/2014/155301, registered office at L.R Number 209/311/5, Williamson House, Fourth Ngong Avenue, P.O Box 40111-00100, Westlands, Nairobi. 

1. Use of Website Content

While we make every possible effort to ensure that the information published on this website is up-to-date and to provide users with accurate information, users should be aware that data transmission on the internet, circulating across a wide range of different types of networks, cannot be considered as totally reliable from the technical point of view. We cannot therefore guarantee the accuracy of the data appearing on the website. 

Any errors or omissions should be reported to the following e-mail address: info@kemri-wellcome.org. 

Furthermore, KWTRP may be required to modify and/or improve the content of this website, including the content of this legal notice, at any time and without prior notice and does not assume any liability resulting from the accuracy of any information displayed on this website. People browsing the website therefore use this information at their own risk. Any use of the website in a way that is not in line with the spirit in which it was created and any violation of these stipulations may result in the application of criminal and civil penalties as laid down by the law. 

2. Access to the Website

We make every effort to ensure that the website is constantly accessible, although we are not under any legal obligation to do so. Please note that access to the website may be interrupted for maintenance, updating and for any other reason, technical in particular. We can in no way be held liable for these interruptions and for the consequences that may result to users. 

KWTRP does not permit its site to be used to receive information that is protected by industrial property rights. 

Any information sent to this site may be used, in particular for the collection, processing and use of personal data. 

3. Hypertext Links on the Website

The hypertext links provided on the website may lead the user to our subsites or affiliated websites of various partners. Please note that we [have/have not] verified all of the websites that may be linked to our own, [and/or all/any] of their content and the information they contain, and we therefore [acknowledge/disclaim] all responsibility for the content of these websites and the use to which the user may put this information. The user must take full responsibility for using these websites. 

4. Intellectual and Industrial Property

4.1. Rights

Registered trademarks 

The trademarks appearing on this website are registered trademarks of KWTRP and/or companies affiliated therewith. 

We draw the attention of the user to the fact that references made here to products, services and trademarks belonging to us are not exhaustive of our rights. Access to the website gives the user no rights other than that of viewing the content. 

Publishing this website online is not a license to use the trademarks mentioned. No such use may be made without the prior written express permission of the owner of these trademarks. 

Authors’ Rights / Copyright / Designs and models / Patents 

Certain parts of this website (texts, photographs, illustrations, logos, icons, downloadable files, video clips or sound, etc.) are the property of KWTRP. 

These items are protected by Kenyan, local and international law or other legal documents relating to respect for authors’ rights, copyright, designs, models and patents. 

The reproduction and/or representation of these elements is authorised only for purposes of information or for strictly personal and private use. 

Presentation of any of the pages on this website on a page that does not belong to KWTRP or creation of hypertext links to any page other than the homepage of this website requires the prior written express permission of KWTRP. 

The use of any elements on this website for other purposes, and in particular for public, commercial or humorous purposes, will be subject to legal action. 

4.2. Copyright Infringement

Any reproduction or representation, even partial, using any process whatsoever, undertaken without the prior written express permission of KWTRP is prohibited and illegal. Violation of this prohibition constitutes an infringement of copyright that may result in the perpetrator being held civilly and criminally liable. 

4.3. Copyright

All rights reserved © KWTRP 2023. 

All pages on KWTRP websites are protected by copyright ©. 

All rights reserved (in particular rights of reproduction, representation, adaptation and distribution). 

5. Responsibility

It is prohibited to use this website or the communication services to send chain letters, junk mail, spam or any repetitive or unsolicited message (commercial or otherwise); to gather or collect, by any means whatsoever, information about third parties, in particular e-mail addresses, without the consent of the third parties concerned; to create or use false identities, to falsify an e-mail address or a page heading, or to attempt to mislead third parties in any way whatsoever as to the identity of the sender or the source of the message; to transmit any Inappropriate Content as defined below; to transmit any element containing viruses or any component that may be harmful or destructive to the website or to third parties or in breach of the law; to try and access the services offered, other accounts, computer systems or networks connected to the service of the website in an unauthorised way, by the use of passwords or any other means; or to interfere with the use and enjoyment of the service by any other user or with the use and enjoyment of similar services via another body. 

Inappropriate Content includes any language, comments, remarks and images considered by the company to be obscene, deceitful, unlawful, racist, defamatory or constituting of harassment, violating the rights of third parties or restricting and/or preventing use by other users of forums or chat rooms accessible via the website. 

5.1 Limitation of responsibility

The use made of this website, its services and any elements or information obtained via the website, is the exclusive responsibility of the user.

We provide the user with no guarantee of any sort, express or implicit, as to the quality of the services on the website or their marketable quality, the compliance of the service or whether the result meets the expectations of the user, and we decline all responsibility for any disputes, actions or third party claims made to exercise their rights, especially private rights, on any content not created by KWTRP.

Moreover, we will not be held responsible for any lack of performance by the website and/or the software used or downloaded from the website; for the loss of data or services resulting from failure to meet time limits, amendments, suspension or interruption of its services; for the accuracy, quality or nature of information obtained through its services; or for the consequences resulting directly or indirectly from the transmission of viruses via our servers.

Nor can we be held responsible for any direct or indirect damage, including in particular loss of profits, of clientele, of data, any loss of intangible property, loss of earnings or any other loss or damage that arises from the use of or inability to use the website, or as a result of misuse on the part of the user, who may be held responsible in the case of death or injury.

In terms of private content provided by users, we disclaim all responsibility concerning the presence of such content in chat rooms or any other discussion service. Any such private content, whether consisting of opinions, declarations, recommendations or points of view, represents only the opinions, declarations, recommendations and points of view of the users and is in no way those of KWTRP.

6. Website Use

Use of this website by staff of KWTRP is subject to KWTRP’s IT Policies. 

KWTRP collects e-mail addresses and other contact details, together with any comments provided voluntarily via this website. KWTRP also collects information on what pages are visited. This information is used to improve the content of the website and to make contact for requested services and for the supply of information. 

7. Applicable Law - Jurisdiction

These terms are governed by Kenyan law, and the Courts of Kenya have exclusive jurisdiction in relation to them. 

Should any of the provisions of these conditions for use of the website be declared null or without effect, this provision should be interpreted in such a way as to reflect as far as possible the intentions of the parties and the remaining provisions will be considered as automatically applicable. 

The non-application or absence of any claim for the application by KWTRP of any of the provisions of these conditions for use of the website or of any right will in no way be interpreted as a waiver by KWTRP of such a provision or such a right, unless we stipulate otherwise in writing.