Terms of Use

  1. ACCEPTANCE OF THE TERMS

      2. These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between The Electronic Board Africa (The E-Board TM), its affiliated companies (together, the “Administrator”, “we”, “us”) and you. Please read these Terms carefully.
    1. Your access and use of the www.e-board.co.ke website, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms.
    2. If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service.
    3. Please also review our Privacy Policy . The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

  2. IMPORTANT DISCLAIMER

    1. ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED.

  3. ACCOUNT REGISTRATION

    1. In order to use certain features of the Service you may need to register an account on the Platform (the “Account”) and provide certain information about yourself as prompted by the registration form.
    2. You may create an Account as an individual or as an authorized representative of a company.
    3. You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of login details to your Account and that you are fully responsible and liable for any activity performed using your Account login details.
    4. You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service.
    5. We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
    6. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  4. SERVICE

    1. The Platform is an online service that allows users to conduct board evaluations, to create and disseminate surveys to Board Members, to take surveys and to generate reports from survey responses.
    2. The Administrator retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Administrator’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Administrator has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
    3. Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that the Administrator will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
    4. You hereby release us, our officers, employees, agents, and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Service users.

  5. FEES

    1. The Platform is accessible to users after payment of a Subscription Fee.
    2. You are eligible for registering more than one Account, as long as you pay the relevant Subscription Fee(s).
    3. The fees we charge for using payable services and payment methods accepted by us are disclosed on the Platform.
    4. We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason.
    5. Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.

  6. USER REPRESENTATIONS AND WARRANTIES

    7. By using the Service, you represent and warrant that:
    1. You have the legal capacity and you agree to comply with the Terms;
    2. If you register yourself as a representative of a legal entity, you are authorized by the company to enter into an agreement with us and with users of the Platform;
    3. You are above 18 years of age;
    4. You will or have provided true, accurate, and complete information in your Account;
    5. You will update your information on your Account to maintain its truthfulness, accuracy, and completeness;
    6. You will immediately change data for access to the Platform if you have a suspicion that your Account login details were disclosed or probably used by the third parties;
    7. You will notify the Administrator of any unauthorized access to your Account;
    8. You will not provide any false or misleading information about your identity or location in your Account;
    9. You will use the Service in strict abidance by applicable laws, regulations, rules, guidelines;
    10. You will not use the Service for any illegal or unauthorized purpose;
    11. You will not use software and pursue any other actions aimed to interference with the normal operation of the Platform;
    12. You will not copy, modify, distribute any other User Content without consent of the respective user;
    13. You will not harvest or otherwise collect information about users, including email addresses, phone numbers, without their consent or otherwise violate the privacy of another person;
    14. You will not download, store, post, distribute and provide access to, or in any other way use worms, viruses, trojans, and other malware;

  7. INDEMNITY

    8. You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the Platform or your violation of terms of such transaction. The Administrator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

  8. LIMITATION OF LIABILITY

    1. IN NO EVENT SHALL WE (AND OUR AFFILIATES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THIRD-PARTY ADS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE, AND THIRD-PARTY ADS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTING SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

  9. INTELLECTUAL PROPERTY RIGHTS

    1. Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.
    2. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.
    3. Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included in it ("Marks") belong to or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed. Notice for Claims of Intellectual Property Violations and Copyright Infringement
    4. If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information that is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.

    5. GOVERNING LAW AND JURISDICTION

      1. These Terms shall be governed in accordance with the laws of Kenya.
      2. Any dispute, controversy or claim arising out of or in connection to this contract, or breach, termination or invalidity thereof shall be settled by arbitration in accordance with the NCIA Arbitration Rules. The language to be used in the arbitral proceedings shall be English.

    6. MISCELLANEOUS PROVISIONS

      1. Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
      2. We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.
      3. If we fail to take an action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
      4. In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator's reasonable control.

    7. CONTACT

      8. If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: ServiceDesk@e-board.co.ke.
    Last updated: 12 December 2022