Terms & Conditions

Last Updated: January 2025

Welcome to Timesten Technologies. By accessing or using our website timestentechnologies.co.ke and our services, you agree to be bound by these Terms & Conditions. If you do not agree to these terms, please do not use our website or services.

1. Acceptance of Terms

By accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions. If you do not agree to these terms, you must not use our website. We reserve the right to update or modify these terms at any time without prior notice. Your continued use of the website after any changes constitutes acceptance of the updated terms.

2. Use of Website

You agree to use this website only for lawful purposes and in a manner that does not infringe upon the rights of others. You must not:

• Use the website for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to our servers or systems
• Interfere with or disrupt the website's operation or servers
• Transmit viruses, malware, or any harmful code
• Engage in any activity that could harm the website or its users
• Use automated tools to scrape or harvest data from the website
• Violate any applicable local, national, or international law

3. Intellectual Property Rights

All content on this website, including but not limited to text, graphics, logos, images, software, and designs, is the property of Timesten Technologies or its content suppliers and is protected by copyright and other intellectual property laws.

You may not:

• Reproduce, duplicate, copy, sell, or exploit any portion of the website
• Use the content for commercial purposes without prior written consent
• Modify, adapt, or create derivative works from the content
• Remove any copyright, trademark, or other proprietary notices

4. User Submissions

When you submit information through our website (including contact forms, job applications, or inquiries), you represent and warrant that:

• You have the right to submit such information
• The information is accurate, complete, and not misleading
• The information does not violate any third-party rights or applicable laws
• You consent to our use of the information as described in our Privacy Policy

You grant us a non-exclusive, royalty-free license to use, reproduce, and display the information for the purposes for which it was submitted.

5. Services and Products

We reserve the right to modify, suspend, or discontinue any service or product at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our services.

All descriptions of products and services on our website are for informational purposes only and do not constitute a binding offer. We strive to ensure accuracy but do not warrant that descriptions are error-free.

6. Privacy Policy

Your use of our website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our website, you consent to the collection and use of your information as described in the Privacy Policy.

7. Third-Party Links

Our website may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or opinions expressed on such websites. The inclusion of any link does not imply endorsement by Timesten Technologies. We encourage you to review the terms and privacy policies of any third-party websites you visit.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Timesten Technologies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use our website
• Any conduct or content of any third party on the website
• Any content obtained from the website
• Unauthorized access, use, or alteration of your transmissions or content

In no event shall our total liability to you for all claims exceed the amount you paid, if any, for accessing or using our website.

9. Disclaimer of Warranties

The website is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Reliability, availability, or timeliness of the website
• Accuracy, completeness, or usefulness of any information
• Security of the website or protection against viruses or malware

10. Indemnification

You agree to indemnify, defend, and hold harmless Timesten Technologies, its officers, directors, employees, agents, and affiliates from any claims, damages, liabilities, costs, and expenses arising from:

• Your use of the website
• Your violation of these Terms & Conditions
• Your violation of any third-party rights
• Any content you submit to the website

11. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of Kenya. Any dispute arising under these terms shall be subject to the exclusive jurisdiction of the courts of Kenya.

12. Severability

If any provision of these Terms & Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent.

13. Waiver

Our failure to enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by us.

14. Entire Agreement

These Terms & Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Timesten Technologies regarding the use of this website and supersede all prior agreements and understandings.

15. Contact Us

If you have any questions about these Terms & Conditions, please contact us: