Terms and conditions of Use of the MY KENYAN CONSTITUTION APP
The content in this digital mobile application, and where applicable a constitutional explanation in Kiswahili or English does not purport to give legal advise but a an explanation to the content of the Kenyan Constitution. With regard to the Kiswahili translation of the Constitution, the user agrees to use and access this content despite the fact that there, as yet no official version available Swahili version of the Constitution from the government printers as at the time of preparing the content of this software. The content is based on the draft of the constitution of May 6 2010 and includes verification, further interpretation and confirmations from AQNEL company limited to ensure that the content is as close as possible with the official English version.
This platform will however endeavor to generally inform the public of their rights and duties as found in the constitution. That in light of the fact that the original language, terminologies are in Kiswahili an interpretative step has been made on some aspects in order to ensure understanding of Kenyans, but referring back to the original language, hence some parts are not translated word for word, but have been translated to ensure that the meaning of what was meant has been maintained to the highest level possible
This platform is only to inform, and not to create any rights that may not be found in the Constitution or any other written law. That in the instance of any confusion, the English version prevails and the Swahili version is null to the extent of that inconsistency, pending the official publication of an official Swahili version. The user further agrees to give a response in case they spot any inconsistencies.
The basic information used to prepare this translation, was accessed from the publicly available, draft of the constitution of may, 6 2010, which has been perused alongside with the Constitution of Kenya 2010 to ensure, coherence and consistency, translating the sections that were added after may 2010. Other publicly available information include that obtained from kamusi, ya karne 21, by longhorn publishers.
The user also agrees to use this software based on the fact that it is copyrighted under AQNEL company limited.
Specific exclusion of liability and indemnification of AQNEL company Limited
AQNEL Co. Limited is not responsible for any information posted on the reviews, the content of advertisement that may be availed by Google and any other reliance of information on this platform. As such, AQNEL is also not responsible for associated software contracts that may arise automatically through the use of ‘my constitution app’.
This platform, the interactive areas, the content, and postings are provided on an “as is, as available” basis. We expressly disclaim all warranties, including the warranties of satisfactory quality, fitness for a particular purpose and non-infringement. We disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this site, the interactive areas, the content, and the postings including, but not limited to, technical inaccuracies and typographical errors, (b) third party communications, (c) any third party sites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions there from, (d) the unavailability of this site, the interactive areas, the content, the postings, or any portion thereof, (e) your use of this site, the interactive areas, the content, or the postings, or (f) your use of any equipment or software in connection with this site, the interactive areas, the content, or the postings.
AQNEL shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of this site, the content, the postings, the interactive areas, any facts or opinions appearing on or through an interactive area, or any third party communications. We shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this site, the interactive areas, the content, the postings, or any third party communications.
By using this platform, you agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms by you or arising from or related to any postings uploaded or submitted by you.
In line and in adherence to article 94(5) of the constitution which grants parliament exclusive powers to make provision having the force of law in Kenya, this application does not serve to make any law, accord any right or privilege, assign duty, or place any obligations that is not provided in the laws of Kenya. Any such assignment arising out of interpretative or translation related errors shall be ignored by the user and he/she shall revert to the laws of Kenya as listed in the judicature act for a full authority of the law.
With respect to payment of premium content, AQNEL is not responsible for the failure of performance which result from other integrated software licences from either, money transfer providers, telecomunication services, and other similar engagements, which AQNEL company has no control over.
Information Collection and Use
For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name and phone number. The information that we collect will be used to contact or identify you. In particular this information will be used to process your subscription to our premium content.
We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
We may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose than to facilitate usage of our service.
We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Links to Other Sites
Our Services do not address anyone under the age of 18. We do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.