Privacy Policy

INTRODUCTION:

Global Technologies Limited through Celebrity Africa (“Celebrity Africa”) welcomes you to its web-site, where Celebrity Africa introduces you to its products, celebrity members, documents, text, graphics, publications, downloads (such as mobile applications), content, tools, forums, resources and other wide range of services (“content”). The Terms of Service apply to your access and use of the content made available to you on our web-site www.celebrity.co.ke (the “Website/App”); and create a formal agreement. Please read this Terms of Service Agreement (“the Agreement”) carefully. This agreement constitutes a valid and binding obligation enforceable in accordance with its terms.

An individual and/or user and/or recipient (the “user”) accessing the Website/App provides his/her/its details/information during the registration process of the Website/App, represents and warrants as under:

The user is above the age of 18 years.
The user is legally authorized to enter into this agreement with Celebrity Africa.

The user covenants that:

The user is aware and acknowledges that the Agreement governs his/her/its use of the Website/App together with his/her/its use and/or purchase of Celebrity Africa content.

The user is aware and acknowledges that the Agreement includes, and incorporates the policies and guidelines referenced below and consents to be bound by the terms of use of the content and services described and made available on the Website/App.

The user acknowledges that Celebrity Africa reserves the right to change and/or revise the terms and conditions of the Agreement at any time by posting any changes or a revised Agreement on the Website/App with the date of such change and/or revision and the user consents to be bound by any such revised and/or updated terms of use of the content and services described or made available on the Website/App as per the sole discretion of Celebrity Africa.

The user consents to be bound by the Agreement and its terms of use of the content and services described or made available on the Website/App made available at the each log-in and/or access to the Website/App.

The user’s consent implies acceptance of the Agreement and its terms of use of the content and services described or made available on the Website/App thereby creating a binding contract between Celebrity Africa and the user.

CELEBRITY AFRICA ENCOURAGES THE USER TO REVIEW THE AGREEMENT WHENEVER HE/SHE/IT VISITS THE WEBSITE TO MAKE ENSURE THAT THE USER UNDERSTANDS THE TERMS AND CONDITIONS GOVERNING USE OF THE WEBSITE/APP. IF THE USER DOES NOT AGREE TO THE AGREEMENT, THE USER MAY IMMEDIATELY TERMINATE USE OF THE WEBSITE/APP.

WEBSITE/APP/CELEBRITY AFRICA CONTENT USAGE TERMS:

Intellectual Property. Copyright, trade marks, trade names, trade dress, layout of Website/App and brand elements, in all content that is made available on and/or associated with the Website/App, is owned by Celebrity Africa (with an exception of content created by Celebrity User (“Celeb Content”) based on paid request of a user of the Website/App and/or any third party information/website links made available on the Website/App). All intellectual property (other than Celeb Content and third party information/website links) including but not limited to software, ideas, processes, data, text, media, information, marketing materials and other content available on Celebrity Africa’s Website/App (individually, and collectively, “Celebrity Africa Content”) are owned by Global Technologies Ltd and/or its subsidiaries, affiliated companies and/or its third party licensors. Any links provided to third party information/website are provided solely as a convenience to the user. Celebrity Africa does not endorse the information/contents regarding/on any such third party websites. Celebrity Africa is not responsible for such third party content or any damage that may result to the user from the user’s access to or reliance on such third party content/information/website. All access to links to third party content/information/website shall be at the sole risk of the user. Unless otherwise specified, the Celebrity Africa content, products and services made available on the Website/App are for the personal use of the user and are for non-commercial use. The user shall not modify, make copies, distribute, sell, rent, assign, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer; create internet “links” to or from the service and/or products and/or Celebrity Africa Content; send spam, infringing, unlawful or tortious material, viruses, harmful computer codes/files/programs; transfer or sell any or any part of information, software, services or products or Celebrity Africa content obtained from the Website/App without the written permission from Celebrity Africa. Celebrity Africa shall have an irrevocable, perpetual and world-wide license to use feedback, recommendations, testimonials, suggestions or such other related information provided by its user and/or network of professionals to enhance its goodwill and/or present its service.

1.2. License. The user has a limited, non-exclusive, non-transferable right to access the Celebrity Africa products and/or content and/or service information made available on Celebrity Africa Website/App. The user is bound by the representation and warranties together with the covenants of the user and the limited non-exclusive license granted by Celebrity Africa, as set out in the Agreement. The user shall not attempt to gain any unauthorized access to the service or the data contained on the Website/App. The acceptable use of the products and/or Celebrity Africa content and/or service information made available on Celebrity Africa Website/App shall be limited to the user’s personal purpose. The user is granted a limited, non-exclusive, nontransferable right to use Celebrity Africa content and materials on the Website/App in connection with the user's normal, non-commercial use of the Website/App. User shall not copy, reproduce, transmit, distribute or create derivative works of Celebrity Africa content, or information or intellectual property without express written authorization from Celebrity Africa or the applicable third party (if third party content is at issue).

1.3. User posts. By posting, storing, or transmitting any content on the Website/App, the user hereby grants Celebrity Africa a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in perpetuity and throughout the world. Celebrity Africa does not have the ability to control the nature of the user-generated content offered through the Website/App. The user shall be solely responsible for his/her/its interactions with other users of the Website/App and any content such user posts. Celebrity Africa shall not be liable for any damage or harm resulting from any posts by or interactions between users. Celebrity Africa reserves the right, but has no obligation, to monitor interactions between and among users of the Website/App and to remove any content Celebrity Africa deems objectionable.

1.4. User acknowledgement and covenant, regarding, use of Website/App/Celebrity Africa Content.

The user acknowledges that;

Celebrity Africa is not responsible for any damages resulting from use of the Website/App/Celebrity Africa content by anyone.

The Website/App/Celebrity Africa content provided by Celebrity Africa is intended to merely facilitate interactions between users interse and/or with Celebrity Users. Each message created by the user is a submission under the Agreement.

Each message from a Celebrity User is owned by the Celebrity User who created it, and subject to full payment by the user, the user shall have the right to use such message for his/her/its personal, non-commercial and non-promotional use under the Agreement.

Celebrity Africa does not represent or act on behalf of any Celebrity User and/or user. Each user acts as a principal. Celebrity Africa has a limited role of neutrally facilitating interactions between users interse and/or with Celebrity Users.

Celebrity Africa is not a guarantor of performance of a user’s product request by a Celebrity User. Celebrity Africa assumes no responsibility over the safety and/or availability and/or quality and/or legality of the Celebrity content and/or user requests communicated to Celebrity Users received and/or communicated through the Website/App.

The user and/or the Celebrity User shall not under any circumstances hold Celebrity Africa responsible or liable for action and/or omission of either any Celebrity User and/or any user.

The user covenants that the user;

shall not use the Website/App/Celebrity Africa content for illegal purposes.

abide by all applicable laws and regulations in his/her/its use of the Website/App/Celebrity Africa content (including laws regarding intellectual property).

not interfere with or disrupt the use and enjoyment of the Website/App/Celebrity Africa content by other users.

not resell material on the Website/App.

not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.

not defame, harass, abuse, or disrupt use/access of other users including Celebrity Users of the Website/App/Celebrity Africa content.

shall not initiate legal action against Celebrity Africa and/or any Celebrity User in the event of non-acceptance of user request or non-completion of user request, for any Celebrity Africa Product, by the Celebrity User .

1.5. Username & Password. The user and/or a Celebrity User shall register and create an account on the Celebrity Africa Website/App. After completion of the registration process, the user and/or the Celebrity User shall move to an active environment thereby, having access to the Website/App and products offered on the said Website/App. The user and/or Celebrity User agrees to create his/her/its own unique login identity (“Username” and “Password”) that will be used by the said user and/or Celebrity User to access the content and/or services on the Celebrity Africa Website/App. The user and/or Celebrity User covenants that it shall be his/her/its responsibility to maintain complete security of his/her/its personal login identity, content on the platform and his/her/its respective transactions/requests/activities. The user and/or Celebrity User shall be entirely liable for all activities that occur under his/her/its login identity. Celebrity Africa shall not be responsible and/or liable for any unauthorized activity under any login identity of the user and/or Celebrity User. The user and/or Celebrity User shall notify Celebrity Africa immediately, of any unauthorized use of any login identity of the user and/or Celebrity User and Celebrity Africa shall take action that in its discretion is appropriate to address the unauthorized activity. The user and/or Celebrity User covenants to access the Website/App and avail the service and/or products in a secure manner in compliance with terms of use adopted by Celebrity Africa from time to time.

PRODUCTS:

The Website/App offers range of products such as personalized Video Messages (shout outs for occasions), Audio Messages, Videos Calls, Brand Endorsements, Live Broadcast etc. By placing an order for Celebrity Africa Products through the Website/App, the user and/or Celebrity User agrees to the terms set forth in the Agreement.

2.1. Opt Out Procedure. If a user and/or Celebrity User decides to opt-in to our Celebrity Africa mailing list, they will receive emails that may include Celebrity Africa news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, Celebrity Africa shall include detailed unsubscribe instructions in the footer of each email and you may also unsubscribe receipt of Celebrity Africa news, updates, related product or service information, etc., within your profile settings. The Opt Out Procedure must be read along with the terms of the Privacy Policy.

2.2. Tax. The user shall be responsible for paying taxes applicable upon purchase of Celebrity Africa Products.

INDEMNIFICATION:

The user will indemnify, defend and hold harmless Celebrity Africa and its affiliates, directors, officers, members, managers, shareholders, contractors and employees (collectively “Celebrity Africa parties”) from and against all claims (including third party claims), actions, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees), that may at any time be incurred by reason of claim from any third party arising out of or relating to a breach of this agreement and/or breach of the representations and/or warranties and/or covenants set forth in the Agreement by the user and/or Celebrity User; any claim from a user arising out of the Celebrity User’s response to a user’s request or any claim arising from misuse of the Website/App/Celebrity Africa Content/Celebrity Africa Products by a user and/or Celebrity User; or any claim that is inconsistent with either user or Celebrity User’s representations or warranties; or any claim arising out of infringement and/or passing off any intellectual property or other proprietary right of any person or entity; or dispute arising out any violation of any provision of this Agreement by the user and/or Celebrity User; or dispute arising out of any information or data supplied by the user and/or Celebrity User (collectively, ‘the Claims’) to Celebrity Africa contained under this Agreement. The user and/or Celebrity User (indemnifying party) will be responsible for defending the claim with legal counsel of Celebrity Africa (indemnified party)’s choice and Celebrity Africa (indemnified party) agrees to cooperate with reasonable requests of the user and/or Celebrity User (indemnifying party) in connection with the defence at the cost of the user and/or Celebrity User (indemnifying party). Celebrity Africa (indemnified party) will have the sole right to approve or reject any compromise, or settlement in resolution of a claim that admits liability or imposes obligations on Celebrity Africa (indemnified party). The terms of this Clause will survive any termination or cancellation of the Agreement or the user and/or Celebrity User’s use of the Website/App or Celebrity Africa Content or Celebrity Africa Products.

LIMITED LIABILITY:

Celebrity Africa’s aggregate liability in tort and contract, arising in connection with the Agreement, will not, in any event, exceed the amount paid by the user for the products purchased on the Website/App during period one (1) month prior to the occurrence of the incident asserted. Celebrity Africa shall not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products; (2) the cost of procuring substitute products or content; (3) any products purchased or obtained or transactions entered into through the website; or (4) any lost profits alleged by the user and/or Celebrity User.

TERMINATION:

The Agreement becomes effective on the date any user first registers on the Website/App of Celebrity Africa, by creating a login identity and agreeing to the terms and conditions / terms of use under the Agreement. The Agreement shall remain valid until the service is provided by Celebrity Africa and/or availed of by the said user.

5.2. Celebrity Africa reserves the right to terminate any user’s access to the Website/App if it reasonably believes, in its sole discretion, that the user has breached any of the terms and conditions of this Agreement. Following termination, such user will not be permitted to use the Website and Celebrity Africa may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If such user’s access to the Website/App is terminated, Celebrity Africa reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website/App. This Agreement will survive indefinitely unless and until Celebrity Africa chooses, in its sole discretion and without advance to the user, to terminate it.

DISCLAIMER:

Celebrity Africa expressly disclaims that any condition, representation or warranty that access and/or use of the service offered by Celebrity Africa shall be error-free, secure and uninterrupted.

ASSIGNMENT AND SUBCONTRACTING:

The user shall not assign his/her/its rights and obligations under this Agreement to anyone. Celebrity Africa may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to the user

GENERAL:

Unless otherwise specified, any notice or other communication given to Celebrity Africa under the Agreement will be in writing and be delivered by hand or by pre-paid first-class post/courier or be sent by email: to the notice address Beltop Plaza, Magadi Road, Nairobi, Kenya or email at support@Celebrity Africa.com.

A person who is not a party to the Agreement has no right to rely upon or enforce any term of this agreement. The agreement and any non-contractual obligations arising therefrom, will be governed by the laws of Kenya, notwithstanding, the conflict of laws principle. Any dispute arising out of or in connection with the Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the Kenya laws. The arbitral tribunal shall consist of a sole arbitrator appointed by Celebrity Africa or in case of disagreement between the parties regarding the choice of such sole arbitrator; the sole-arbitrator shall be appointed by the Kenyan court. The language of arbitration shall be English. The parties agree that the arbitral award may be enforced against the parties to the arbitration proceeding or their assets wherever they may be found, and that a court ruling upon enforcement of the arbitral award may be entered in any court having jurisdiction. The foregoing will be without prejudice to Celebrity Africa’s exclusive right to refer any dispute to the courts for resolution where necessary to preserve the subject matter of the action by way of injunctive or declaratory proceeding.

Force Majeure. Under no circumstances will Celebrity Africa be liable for any delay or failure in performance due in whole or in part to any acts of God, earthquakes, unavoidable accidents, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, state emergencies, state announced public health lock down or any other event or cause beyond the reasonable control of Celebrity Africa.

Governing Law & Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Kenya.

If any provision of these Terms is unlawful or unenforceable under any present or future applicable law, it will, to the extent permitted by such law, be severed without affecting the validity of the other provisions. Without prejudice to the foregoing, user and Celebrity Africa hereto shall mutually agree to provide a legal, valid and enforceable provision as similar in terms and effect to such illegal, invalid or unenforceable provision as may be possible.

No Waiver. Celebrity Africa’s failure to enforce any right or provision of these Terms will not prevent Celebrity Africa from enforcing such right or provision in the future and will not be deemed to modify these Terms.

Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

The governing language of this agreement shall be English. Translations of this agreement shall be non-binding. All communications with respect to this Agreement shall be in the English language.

BY USING THE CELEBRITY AFRICA WEBSITE AND/OR APP AND/OR ORDERING PRODUCTS FROM THIS WEBSITE/APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.

LOCATION:

We may collect your location information to verify that you have reached the designated site. This information may include GPS coordinates, or other location-based data. we do not collect location information in background.