Terms & Conditions

Terms of Use

These Terms of Use relate to all Newsly.co.ke (from here on called Newsly) services. The Terms of Use are intended for both users of and contributors to our platform in the applicable country of operation, third-parties, and how our platform functions.

By visiting our website, subscribing to our newsletter, using our services and other interactions with us, you are accepting these Terms of Use, unless covered directly by Terms of Use of third-party providers. When terms are mentioned about the website/ platform in these Terms of Use, they relate to services provided by Newsly.

Terminology

The following terminology applies to these Terms of Use, our Privacy Policy, and any other Agreement:

  • “Content”

Includes the text, music, videos, scripts, photos, graphics, sounds, audiovisual combinations, interactive features, software, and other material you view on, access through, or contribute to Newsly.

  • “Contributor”, “You”, and “Your”

Refers to you, the person contributing to our website and accepting Newsly’s Terms of Use. This includes employees working directly for Newsly.

  • “User”, “You”, and “Your”

Refers to you, the person accessing the Newsly website and services, and/ or contributing to it and accepting our Terms of Use.

  • “Ourselves”, “Us” and “We”

Refers to Newsly.

  • “Party”, “Parties” or “Us”

Refers to both the user and ourselves, or either ourselves or the user.

Our Policies and Requirements for Contributors

You must be at least [18] years of age to use our website. By using the Newsly website and agreeing to these Terms of Use, you represent and warrant that you are at least [18] years of age.

By submitting content to Newsly for consideration for publication, you confirm that you have full rights and responsibilities to the content, and grant Newsly the irrevocable right and license to: broadcast, duplicate, exhibit, exploit and transmit the content; sublicense the content to third parties to broadcast, duplicate, transmit, exhibit and exploit the content on the Internet, mobile platforms or other media worldwide.

By submitting content to Newsly, you represent that either you created it yourself or you were given legal right and authority from the creator to grant Newsly full and unrestricted rights to the content and that our exercise of such rights shall not infringe any copyright, personal, civil or property right of any third party. If you submit content, you represent that you have full permission, licence and authority from all copyright holders.

Unless otherwise agreed to in writing, Newsly is not obliged to publish your content. For any published content, Newsly reserves the right to remove it at our discretion for any reason without refunds or compensation.

You hereby agree to indemnify Newsly, its officers, employees and agents, from and against any and all actions, claims, demands, liabilities, expenses and costs arising from any breach or alleged breach of any warranty, term or condition of this agreement, or from any claims of infringement or alleged infringement arising from your content submission.

As an interested party, you may submit content. You understand that whether the content is published or not, Newsly does not guarantee any confidentiality with respect to content.

You understand and agree that you are solely responsible for your own content and any consequences of publishing it. Newsly as a platform and publisher does not endorse any opinion, advice or recommendation in your content, and we expressly disclaim any and all liability related to your content.

Newsly as a reputable publisher has defined editorial values of Insightfulness, Truth and Entertainment it promotes and asks to be upheld, but we do not define or take responsibility for local content. Instead, we serve as an independent platform. This is true for third-party users, and employees of Newsly or employees of companies associated with Newsly.

Our Policies and Requirements for Users

Newsly grants you permission to access and use our services, subject to these express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of these terms on your part:

  1. You agree not to distribute any part of Newsly website or services, including but not limited to content on any medium without prior written authorisation from Newsly, unless Newsly provides means for distribution through specific functionality.
  2. You agree not to (or attempt to) disable, circumvent or interfere with security related features of Newsly services or features that: restrict or prevent copying or use of content; or limit use of Newsly services or content.
  3. You agree not to use Newsly services for the following commercial uses without prior written approval from Newsly:
    1. Sale of access to Newsly services.
    2. Sale of sponsorship, advertising or promotions within or placed on Newsly services or content.
    3. Sale of sponsorships, advertising or promotions on pages of ad-enabled channels with content delivered by Newsly.
  4. You agree not to launch or use automated systems (including but not limited to robot spiders or offline readers) to access Newsly services in ways that send more request messages to Newsly servers in a certain duration than a human can reasonably produce in the same time using a standard (not modified), publicly available web browser.
  5. You agree not to harvest or collect personal data of users of Newsly website or services.
  6. You agree not to use Newsly website or services (including comments and email features) to solicit for business through trade or related to a commercial enterprise.
  7. You shall not reproduce, copy, transmit, distribute, display, broadcast, license, sell or exploit any Newsly content for other purposes without Newsly’s or the licensors’ prior written consent.

Governing Laws & Regulations

These Terms of Use shall be interpreted in accordance with and governed by all applicable federal and state laws, regulations and rules of applicable countries of operation. By accessing Newsly website and services, you consent to these Terms of Use, and the exclusive jurisdiction of the courts in disputes arising from such access. If any of these terms are ruled as invalid or unenforceable for whatever reason, the unenforceable or invalid provision will be removed and the remaining terms will continue to apply. Failure of Newsly to enforce any provision in these Terms of Use and any Agreement, or failure to exercise options to terminate, shall not mean waiver of such provisions and shall not affect validity of these Terms of Use or any Agreement, or the right thereafter to enforce each and every provision.

Disclaimer

Newsly accepts no responsibility for content of sites connected to our website, whether by hyperlink or other means. Every link is provided on an ‘as is’ basis on Newsly website, with no express or implied warranty as to their use, functionality, or relating to the information on or linked to the sites.

Newsly takes all reasonable steps to demand accurate and up-to-date information from its contributors, but we accept no liability for: direct, indirect or consequential losses to any firm, company or person; or special or aggravated, general, punitive (including triple damages) damages, claims, costs or expenses from errors, omissions or actions by Newsly, Newsly employees, agents or third parties connected with information on our website.

Newsly and/or its affiliates disclaim all obligations, liabilities, warranties or responsibility in any event and make no representation (express, statutory, implied or otherwise), including representations or warranties regarding the reliability, accuracy, fitness for specific purpose, completeness, merchantability, non-infringement of third parties’ rights and/or safety of content of Newsly website. Any related warranties and representations are expressly disclaimed.

Newsly and/or its affiliates shall not be liable for damage or loss from your access, use or inability to access or use Newsly website or services. Newsly does not warrant: that the functions on the website will be error-free or uninterrupted; that the content, this website or the server making them available are free from harmful components like viruses; or that defects will be corrected. You assume all risk and cost of necessary repair, servicing and correction.

We may periodically add, amend, delete, alter or update Newsly services including, without limitation, these Terms of Use. We may discontinue or suspend Newsly services at any time without prior notice.

You agree that neither Newsly nor our directors, officers, shareholders, employees, affiliates, agents, third party service providers, suppliers, vendors or licensors is responsible for damages resulting from:

  • Anything done or not done by Newsly and/or someone else.
  • Providing or failing to provide services including, but not limited to, problems or deficiencies with network coverage (blocked, dropped, interrupted services, etc.) or a device.
  • Traffic accidents or other accidents, or health-related claims related to Newsly services.
  • Information or data content accessed or lost while using Newsly services.
  • Failed, inaccurate or interrupted location information services.
  • Communication or information blocked by spam filters or other safeguard or security devices.
  • Damage to your device or equipment or computers connected to your device, or loss of or damage to information stored in your computer, device, boost storage space, or equipment from using Newsly services, Newsly content or from worms, downloads of malicious content, viruses, materials, things beyond Newsly’s control including acts of god (fire, hurricane, weather-related phenomena, etc.), strikes, riots, government orders or acts, or terrorism.

You should implement necessary safeguards to secure your device, equipment or computer, and to backup the information stored in each.

Our liability for monetary damages for claims against Newsly from you is limited to no more than the proportionate amount of service charges attributable to the concerned period, to the extent allowed by law. Under no circumstances are we liable to any incidental, punitive, consequential, special or multiple damages arising from or related to failing to provide or providing services in connection with a device including, but not limited to, loss of business, lost profits, or cost of replacement services and products.

Amendment, Assignment & Waiver

Amendment and Notification of Charges

Newsly reserves the right to amend, change, revise or modify these terms from time to time as we see fit. Your continued use of our site will signify your acceptance of adjustments to these terms. Any use of Newsly services following adjustment to these terms will constitute your agreement to the change(s).

We may also, from time to time, update or review the services, related materials and/or applications, which can render prior versions obsolete. Therefore, we reserve the right to terminate these Terms of Use to all prior versions of services, related material and/or applications and limit access to the most recent updates and revisions.

These Terms of Use form part of the Agreement between users and Newsly. Your accessing this website and/or undertaking a booking or contract indicates your understanding, acceptance of, and agreement to the full Terms of Use herein and the Disclaimer Notice.

Assignment

You may not assign, sub-contract, or transfer your obligations and rights under these Terms of Use. We may transfer, sub-contract or assign our obligations and rights under these Terms of Use without notifying you or obtaining your consent, with no further liability.

Waiver

Failure of either Party to insist upon strict performance of provisions of these terms or any Agreement or failure of either party to exercise rights or remedies to which he/she, it or they are entitled shall not constitute a waiver thereof, and shall not cause diminution of obligations under these terms or any Agreement. Neither the conduct between the parties nor trade practice shall modify any provision of these Terms of Use.

No waiver of the provisions of these terms or any Agreement shall be effective unless expressly stated and signed by both parties. No delay or omission by Newsly in exercising any rights or remedies shall waive such remedies or rights or any other remedies or rights. An instance of a waiver shall not mean a bar or waiver of any remedies or rights on future occasions.