PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Use of the website www.eyby.com (our site) is governed by these terms of use (together with the documents referred to in these terms of use).
This website is operated by Metsec Cables Limited.
For the purposes of these terms of use, references to “Eyby”, “we”, “us” or “our” means Metsec Cables Limited and references to “you” and “your” refers to the persons accessing this website (including persons who access this site on the behalf of other persons).
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
If you purchase goods from our site, our conditions of supply (General Terms & Conditions) will apply to the sales.
2. Information About Metsec Cables Ltd
Metsec Cables Ltd is registered in Kenya under company number C.44732 and has its registered office at Doshi Complex, Mombasa Road, Nairobi, Kenya. Our PIN number is P051093550W.
3. Changes To These Terms
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we make, as they are binding on you if you use our site.
4. Changes To Our Site
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
5. Accessing Our Site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
6. Your Credit Account and Password
If you open a credit account with us, you will be provided with a password to login into a separate section of our site. You must not disclose your password to any third party.
We have the right to disable any password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us on 0703 030000.
7. Prohibited Uses
You may use our site only for lawful purposes. You may not use our site:
• in any way that breaches any applicable local, national or international law or regulation; or
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
You also agree not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.
8. Intellectual Property Rights
Copyright and other intellectual property rights in the content of the website, including any Trade marks, logos and brands, belongs to us or to our partners.
Users of our site are permitted to read its contents, download and store its contents on a temporary basis only and provide customer reviews on the site. All such uses are only for the purpose of your own personal use of the site and for non-commercial purposes. You may not otherwise copy, store, reproduce, transmit, publish, redistribute or exploit the contents of our site in any way.
9. Privacy
We take data protection seriously and safeguarding the privacy of our website users is important to us. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
10. No Reliance On Information
The content on our site is provided for general information only. It is not intended to amount to 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.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
11. Limitation of Our Liability
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Kenyan law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
Please note that, in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which are set out in our General Terms & Conditions.
12. Viruses
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
13. Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these terms of use.
If you wish to make any use of content on our site other than that set out above, please contact us on [email protected].
14. Third Party Links and Resources In Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
15. Applicable Law
These terms of use, their subject matter and their formation (and any related non-contractual disputes or claims) are governed by Kenyan law. You and Metsec Cables Ltd agree that the courts of Kenya will have exclusive jurisdiction.
16. Contact Us
If you have any questions or concerns regarding our site, please email us on [email protected].