Terms of Use

Introduction

The terms “GFC”, “us” or “we” refer to the owner of the website whose registered office is at Ongata Rongai, Nairobi. The term “you” refers to the user or viewer of our website.

These terms of use apply to all users of, and visitors to, our site. Use of our site includes accessing, browsing, or registering to use our site.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice. It is not intended to amount to professional investment or other advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site, including but not limited to signing up for our products, executing instructions through our website and any other actions.

Although we make reasonable efforts to update the information on our site, neither we nor any third parties make any representations, warranties or guarantees as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of our website for:

any loss of profits, sales, business, or revenue;
loss or corruption of data, information or software;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.

Whilst every care has been taken in preparing the materials and information contained in this website, such materials and information are provided on an "as is" basis without representation or warranty of any kind, express, implied or statutory regarding non-infringement, security, accuracy, reliability, fitness for a purpose or freedom from computer viruses is given in connection with such materials and information.

Geographic, political, economic, statistical, financial and exchange rate data are presented in certain cases in approximate or summary or simplified form and may change over time. Reliance has been placed by the editors on certain such data obtained externally statistical data which, though believed to be correct, may not in fact be accurate. We accept no liability for any loss or damage arising directly or indirectly (including special, indirect, incidental or consequential loss or damage) from action taken, or not taken, by or for you or otherwise, in reliance on materials or information contained in this website. In particular, no warranty is given that any materials, information or data contained in this website are accurate, reliable or up-to-date.

We accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this website, howsoever arising, including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this website, its contents or associated services, or due to any unavailability of the website or any part thereof or any contents or associated services, where such events arose out of circumstances outside our reasonable control.

Please note that any software downloaded from this website is at your own risk and we neither assume nor accept liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of this website, where such events arose out of circumstances outside our reasonable control.

Any hypertext link from this website exist for information purposes and are for your convenience only and we accept no liability for any loss or damage arising directly or indirectly (including specific, incidental or consequential loss or damage) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites linked. Our inclusion of hyperlinks does not imply any endorsement of the materials on such sites linked.

We do not guarantee that any e-mails from the website will be sent to you or received by us nor do we warrant the privacy and/or security of e-mails during internet transmission which is outside our reasonable control. We accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from failure of any internet transmission (including e-mails correspondence) from this website or otherwise.

You hereby agree to indemnify and to keep us fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) which we may incur and which directly or indirectly arise out of, or are connected with your use of this website. For avoidance of doubt and without limiting the foregoing, we shall have the right to defend itself through counsel of its choice.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website may lead to a claim for damages and/or be a criminal offence.

We reserve the right in our discretion to change at any time without prior warning or notice any information or material contained on this website and we are entitled to from time to time to amend the terms and conditions under which this website is used without prior notice to you. If you continue to access to this website or use any of the online services after such modification, you are regarded to have agreed to be bound by such modified information, material, and terms and conditions.

We may terminate these terms and conditions, your access to this website and use of online services at any time, without prior notice to you.

You may not create a link to this website from another website or document without our prior written consent.

These terms of use are governed by and construed in accordance with the laws of Kenya and any dispute relating thereto shall be subject to the exclusive jurisdiction of the courts of Kenya.

Privacy Policy

Information we collect about you

With regard to each of your visits to our site we may automatically collect the following information:

technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

Information you give to us

We will use this information:

to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
to provide you with information about other products we offer that are similar to those that you have already purchased or enquired about;
to provide you with information about products we feel may interest you;
to notify you about changes to our products;
to ensure that content from our site is presented in the most effective manner for you and for your computer.

Information we collect from you

We will use this information:

to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our service, when you choose to do so;
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about products that may interest you or them.

Disclosure of your information

We may share your personal information with any member of our group, which means our subsidiaries and affiliates in any part of the world.

We may share your information with selected third parties including:

Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them;
Analytics and search engine providers that assist us in the improvement and optimisation of our site;
Credit reference agencies for the purpose of assessing your credit score only where this is a condition of us entering into a contract with you;
as part of our efforts to keep our site safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our site about products that may interest you or them.

We may disclose your personal information to third parties:

In the event that we sell or buy-back any products, solutions or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
If GFC or substantially all of its business and/or assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of and other agreements; or to protect the rights, property, or safety of GFC, our customers, or others. This includes exchanging information with regulators, other companies and organizations for the purposes of fraud protection and credit risk reduction.

General inquiries

If a user contacts us with a general inquiry, the user may need to provide us with personal information (including but not limited to; personal biodata and contact details).
We will use this personal information to respond to the inquiry and track further correspondence.
The information will also be used to compile statistics on response handling.
This information is generalized and no individual names or personal information are retained or used for any other purpose.

Subscriptions

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us.

Data Security

Our information security policies and procedures follow international standards, and are reviewed regularly and updated as necessary to meet our business needs, changes in technology, and regulatory requirements.

We ensure that the data we store is encrypted and our systems are audited periodically. The access to personal data is monitored, recorded and restricted to only those employees who need such access in the course of their work.

Storage of personal data

We retain personal information for as long as we reasonably require it for legal or business purposes. In doing so, we take into account all applicable laws, contractual obligations, and the wishes of our customers. When we no longer need personal information, we securely delete or destroy it.

Your personal information may be transferred to, accessed from and stored in servers and facilities located in another country. GFC will take the necessary steps intended to ensure that the information continues to be protected wherever it is located.

Consent

You have the right to withdraw your consent for the use of any of your personal data that has been provided to us. You may do so by communicating your withdrawal to Cytonn using any of our communication platforms.

Access, Rectification and Deletion of your personal data

You may have access to your personal information upon your request, subject to any legal requirements in force at the time.

You have the right to request at any time that your data as stored by us be rectified or deleted, following which we will rectify or delete your data to the extent that shall is allowable by any applicable written law.

Filing a complaint

We are willing to hear and rectify any complaint that you have with regard to the handling of your personal data.

You also have the right to complain about the manner in which your personal data has been handled by us to any data protection regulator.

Indemnity for user instructions

Notwithstanding the terms of any mandate or other agreement or course of dealing between you and us, you hereby authorize us (but we are not bound) to rely upon and act in accordance with any notice, demand or other communication which you may from time to time give, or purport give through our website either by yourself or through your authorized representative (without inquiry on Cytonn’s part as to the authority or identity of the person making or purporting to make such notice, demand or other communication) and regardless of the circumstances prevailing at the time of such notice, demand or other communication.
We shall therefore be entitled to treat such email notice, demand or other communication as fully authorised by and binding upon the you and we shall be entitled (but not bound) to take such steps in connection with or in reliance upon such communication as we may in good faith consider appropriate, regardless of the nature of the transaction or arrangement or the amount of the money involved and notwithstanding any error or misunderstanding or lack of clarity in the terms of such notice, demand or other communication.
In consideration of us acting in accordance with any such notice, demand or other communication, you hereby undertake to indemnify us and to keep us indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred or sustained by us of whatever nature and howsoever arising, out of or in connection with such notices, demands or other communications, provided only that we act in good faith, except where such losses, claims, actions, proceedings, demand, damages, costs and expenses arise through our wilful negligence. In this regard any notice, demand or other communication notice, demand or other communication only originate from your use account whose instructions shall be complied with until otherwise advised in writing.
This indemnity shall remain in full force and effect unless and until we receive, and have had a reasonable time to act upon, notice of termination from you (or your authorised representative) in writing, save that such termination will not release you from any liability under this authority and indemnity in respect to any act performed by us in accordance with the terms of this indemnity prior to the expiry of such time.