FOUNDER OF THE YEAR AWARDS (“FOYA”) WEBSITE TERMS OF USE

The Terms and Conditions listed below, as well as any other law or regulation that applies to this website (the "Site"), the Internet or the Worldwide Web, apply to all Site users.

Made of Founders Limited of Nairobi, Kenya, ("FOYA") maintains this Site for your personal engagement, entertainment and information. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without the written permission of FOYA. Your access to and use of the Site is also subject to the following Terms and Conditions and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree to the Terms and Conditions, without limitation or qualification, please refrain from using the Site.

Terms and Conditions

1. This Site is intended for use by residents of Africa (Kenya, Uganda, Tanzania, Rwanda, Nigeria, Ghana, Zambia and South Africa) only. You should assume that copyright subsists in everything you see or read on the Site unless otherwise noted which may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of FOYA. FOYA does not warrant or represent that your use of materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with it.

2. All images displayed on the Site are either the property of, or used with permission by FOYA. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

3. Any personal data (for example, your name, date of birth, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise, will be used by FOYA in accordance with the Privacy Policy of the Site. By using the Site, you consent to such processing. Any other communication or material you transmit to FOYA through the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

4. While FOYA uses reasonable efforts to include accurate and up to date information on the Site, FOYA makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. Your use of and browsing on the Site are at your risk. Neither FOYA nor its affiliated entities, nor any of its agencies, nor any other party involved in creating, producing, or delivering the Site, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with your access to, or use of the Site provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

6. FOYA also assumes no responsibility, and shall not be liable for, any damage to, or virus that may infect, your computer equipment or other property on account of your access to, use of browsing on the Site or your downloading of any materials provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence or breach of duty or caused by our gross negligence or willful misconduct.

7. Everything on the Site is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement, provided that we do not limit in any way our liability by law for death or personal injury caused by our negligence or breach of duty or caused by our gross negligence or willful misconduct.

8. FOYA has not reviewed any or all of the sites linked to the Site and is not responsible for the content or the privacy policies of any off-site pages or any other sites linked to the Site.

9. In these Terms and Conditions, 'affiliated entities' means any direct or indirect parent, subsidiaries, sponsors or contracted suppliers of FOYA.

10. You agree to defend, indemnify and hold harmless FOYA, affiliated entities, and any other party involved in creating, producing or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors and representatives, from and against all claims, losses, costs and expenses (including without limitation advocate's fees) arising out of (a) your use of, or activities in connection with, the Site, the services, or the software; and (b) any violation of these Terms and Conditions by you.

11. FOYA may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. You will be bound by changes to these Terms and Conditions even if you do not re-visit this page to re-read this notice.

12. These Terms and Conditions are governed by the laws of Kenya. By using the Site you agree to submit to the exclusive jurisdiction of the courts of Kenya in the event of any dispute.