Terms of Use

Wise and Kell Consultants (Africa) LLP (“Wise & Kell Africa”) provides the content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to these Terms. If you are a Partner or Associate, you have agreed and are additionally subject to the Terms and Conditions of Membership in the Wise & Kell Africa programs (“Terms and Conditions”), and in the event of any conflict between these Terms of Use and the Terms and Conditions, the latter shall control.

I.        Description of Service

This Site provides a variety of resources and information for users to find, engage and manage expert networks (the “Services”). The Site does not provide investment or legal advice, and no attorney-client relationship is created between users of the Services and Wise & Kell Africa or its licensors.

II.      Partner or Associate Content Disclaimer

Some of the content on this Site, including without limitation, the text, software, scripts, graphics, videos and the like (“Site Content”) is created and developed by Partner or Associates and provided to Wise & Kell Africa under license for dissemination over the internet (“Partner or Associate Content”). Partner or Associate Content includes, among other things, Wise & Kell Africa News Analyses, Wise & Kell Africa Education Seminars workbooks, presentations and other related materials, and Partner or Associate biographical and employment information. Wise & Kell Africa cannot guarantee and makes no representations as to the accuracy or quality of Partner or Associate Content, all of which is offered “as is.” Wise & Kell Africa does not own, develop, endorse, and is not responsible for Partner or Associate Content. The use of a company or entity name in Partner or Associate biographical or employment information should not be construed as an express or implied endorsement by such company or entity of Wise & Kell Africa or an express or implied endorsement by Wise & Kell Africa of such company or entity. Partner or Associates are not employees or under the supervision of Wise & Kell Africa. Partner or Associates have agreed to be bound by the Terms and Conditions and have represented, among other things, which they will not disclose information that is subject to a confidentiality obligation or participate in the Councils in violation of any agreements or duties owed to employers or other third parties. Wise & Kell Africa relies on the accuracy of these representations of the Partner or Associate and does not necessarily seek independent verification.

III.    Confidentiality Agreement

Partner or Associates have agreed to and are bound by the Non-Disclosure provision of the Terms and Conditions. If you are not a Partner or Associate, you agree not to disclose or attempt to use or personally benefit from any Confidential Information, as defined below, you learn on Wise & Kell Africa’s Consulting Management Systems, password protected websites. This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information shall include:

• the existence, title and description of any Wise & Kell Africa project (such as may be found on the “Projects” tab of the Enterprise Resource Management System);
• information about actual or potential business, investment or trading decisions or transactions of any Wise & Kell Africa Client;
• any other confidential information of Wise & Kell Africa or its Clients, and
• any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of Wise & Kell Africa or its Clients.

If you are compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify Wise & Kell Africa and cooperate fully with Wise & Kell Africa in protecting such information to the extent possible under applicable law.

IV.    Intellectual Property Rights

Site Content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Wise & Kell Africa, subject to copyright and other intellectual property rights under Kenya and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.

V.      Disclaimer of Warranties

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT WISE & KELL AFRICA IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WISE & KELL AFRICA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL WISE & KELL AFRICA OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF WISE & KELL AFRICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.