Terms and Conditions
Please read these terms and conditions ("terms and conditions", "terms") carefully before using https://kennalp.com/ ("website", "service") operated by KENNA ("us", 'we", "our").
CONDITIONS OF USE
By using this website, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the website accordingly. Kenna only grants use and access of this website, its products, and its services to those who have accepted its terms.
PRIVACY POLICY
Before you continue using our website, we advise you to read our privacy policy [https://kennalp.com/privacy-policy] regarding our user data collection. It will help you better understand our practices.
AGE RESTRICTION
You must be at least 18 (eighteen) years of age before you can use this website. By using this website, you warrant that you are at least 18 years of age, and you may legally adhere to this Agreement. Kenna assumes no responsibility for liabilities related to age misrepresentation.
INTELLECTUAL PROPERTY
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us. The Content and Marks are protected under Nigerian and international copyright, trademark, and intellectual property laws. Unauthorized use may result in legal action in applicable jurisdictions.
You agree that all materials, products, and services provided on this website are the property of KENNA, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the KENNA's intellectual property in any way, including electronic, digital, or new trademark registrations.
By submitting content to the Site, you grant KENNA a non-exclusive, worldwide, royalty-free license to use, display, and reproduce such content solely for the purpose of operating and promoting the Site. This license terminates when you delete the content or close your account. For issues regarding intellectual property claims, you should contact the company in order to come to an agreement.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms and Conditions;
(4) you are not under the age of 18;
(5) not a minor in the jurisdiction in which you reside or if a minor, you have received parental permission to use the Site;
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER ACCOUNTS
As a user of this website, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.
If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.
We reserve all rights to terminate accounts, edit or remove content at our sole discretion.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. use a buying agent or purchasing agent to make purchases on the Site.
4. use the Site to advertise or offer to sell goods and services.
5. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. engage in unauthorized framing of or linking to the Site.
7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
8. make improper use of our support services or submit false reports of abuse or misconduct.
9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. attempt to impersonate another user or person or use the username of another user.
12. sell or otherwise transfer your profile.
13. use any information obtained from the Site in order to harass, abuse, or harm another person.
14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. use of artificial intelligence (AI) tools to scrape, extract, or replicate Site content without permission.
24. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
25. use the Site in a manner inconsistent with any applicable laws or regulations.
APPLICABLE LAW
By using this website, you agree that the laws of Nigeria, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Kenna and you, or its business partners and associates.
DISPUTES
Any dispute, controversy or claim arising out of or in connection with or in relation to this Agreement, including any dispute as to the construction, validity, interpretation, enforceability or breach of this Agreement shall be resolved by the parties amicably.
If the parties are unable to resolve such dispute within 30 days (or such further period as the parties shall agree in writing), the dispute shall be settled finally by arbitration in accordance with the Arbitration and Mediation Act, 2023 (or any amendment thereto or replacement thereof) and the Arbitration Rules connected thereto.
The arbitral tribunal shall be constituted by three arbitrators; the party initiating the arbitration shall give to the other party a notice of arbitration, including the arbitrator that it appoints; the other party shall within seven days of the receipt of the notice of arbitration appoint its own arbitrator, failing which the appointment shall be made by the Chartered Institute of Arbitrators Nigeria Limited by Guarantee (trading as Nigerian Institute of Chartered Arbitrators).
The two parties-appointed arbitrators shall jointly appoint the third arbitrator who shall preside over the arbitral tribunal. If within seven days of the appointment of the second arbitrator, the two parties-appointed arbitrators are unable to agree on the choice of the third arbitrator, the third arbitrator shall be appointed by the Chartered Institute of Arbitrators Nigeria Limited by Guarantee (trading as Nigerian Institute of Chartered Arbitrators). The place of the arbitration shall be Lagos, Nigeria; and the arbitration shall be governed by the laws of the Federal Republic of Nigeria. The language of the arbitration shall be English Language.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
LIMITATION ON LIABILITY
To the fullest extent permitted by law, KENNA shall not be liable for any indirect, incidental, or consequential damages arising from your use or misuse of the Site, including lost profits or data, even if advised of the possibility.
KENNA reserves the right to edit, modify, and change this Agreement at any time. We shall let our users know of these changes through electronic mail. This Agreement is an understanding between KENNA and the user, and this supersedes and replaces all prior agreements regarding the use of this website.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
MISCELLANEOUS
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
KENNA
8 Ogunyemi Rd, Victoria Island, Lagos
PO Box 73002
Victoria Island, Lagos
234 811 395 1052
counsel@kennalp.com