Legal
Terms Of Use
Welcome to Competent Builders (“we,” “us,” “our”). These Terms of Use (“Terms”) govern your use of our website, www.competentbuilders.co.ke (“the Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.
1. Acceptance of Terms
By using our Website, you affirm that you are at least 18 years old or have the consent of a legal guardian to use this Website. If you are using the Website on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
2. Changes to Terms
We may update these Terms from time to time to reflect changes in our practices, services, or legal obligations. We will notify you of any significant changes by posting the updated Terms on our Website and updating the “Effective Date” at the top of this page. Your continued use of the Website after any changes indicates your acceptance of the new Terms.
3. Use of the Website
a. Permitted Use:
You may use the Website for lawful purposes only. You agree not to use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
b. Prohibited Conduct:
When using the Website, you agree not to:
- Violate any applicable laws or regulations.
- Infringe upon the intellectual property rights of Competent Builders or any third party.
- Transmit any harmful or malicious code, viruses, or other disruptive files.
- Engage in any unauthorized access to, or use of, the Website’s systems or networks.
- Post, transmit, or otherwise make available any content that is unlawful, defamatory, obscene, or otherwise objectionable.
c. Account Creation:
Some areas of the Website may require you to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Intellectual Property
a. Ownership:
All content on the Website, including text, graphics, logos, images, audio clips, video clips, and software, is the property of Competent Builders or its content suppliers and is protected by copyright, trademark, and other intellectual property laws.
b. License:
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use. This license does not include any resale or commercial use of the Website or its contents, nor any derivative use of the Website or its contents.
c. Trademarks:
“Competent Builders” and other trademarks, service marks, logos, and trade names displayed on the Website are the property of Competent Builders or their respective owners. You may not use any of these marks without our prior written consent.
5. User-Generated Content
a. Responsibility for Content:
You are solely responsible for any content you post, upload, or otherwise make available on the Website (“User Content”). You agree that any User Content you provide will not infringe the rights of any third party, including intellectual property rights, privacy rights, or any other personal or proprietary rights.
b. License to Competent Builders:
By submitting User Content to the Website, you grant Competent Builders a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sub-licensable license to use, reproduce, modify, distribute, display, and perform your User Content in connection with the Website and Competent Builders’ business.
c. Monitoring and Removal:
We reserve the right, but are not obligated, to monitor, review, or remove any User Content that we deem, in our sole discretion, to be in violation of these Terms or otherwise inappropriate.
6. Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by Competent Builders. We are not responsible for the content, privacy practices, or terms of use of such third-party websites. You acknowledge and agree that Competent Builders is not liable for any damages or losses related to your use of any third-party websites or services.
7. Product Descriptions and Pricing
a. Accuracy of Information:
We strive to ensure that all product descriptions, images, and pricing information on the Website are accurate. However, we do not warrant that the information is complete, current, or error-free. If a product offered by Competent Builders is not as described, your sole remedy is to return it in unused condition.
b. Pricing:
All prices on the Website are subject to change without notice. We reserve the right to modify or discontinue products or services at any time without prior notice. We are not responsible for typographical errors or inaccuracies in pricing or product information.
8. Purchases and Payments
a. Payment Methods:
We accept various payment methods as indicated on the Website. By providing a payment method, you represent and warrant that you are authorized to use the payment method and that you authorize us to charge the full amount of your purchase to the payment method you have provided.
b. Order Acceptance:
We reserve the right to refuse or cancel any order at any time for any reason, including but not limited to, product availability, errors in product or pricing information, or suspected fraudulent activity.
c. Taxes:
You are responsible for all applicable taxes and duties related to your purchase. Taxes will be calculated based on the shipping address and will be included in the order total during checkout.
9. Limitation of Liability
a. Disclaimer of Warranties:
The Website and all content, products, and services available through the Website are provided “as is” and “as available” without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or secure, or that any defects will be corrected.
b. Limitation of Liability:
To the fullest extent permitted by law, Competent Builders shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Website or any products or services purchased through the Website. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses.
c. Maximum Liability:
In any event, Competent Builders’ total liability to you for all claims arising out of or related to your use of the Website or any products or services purchased through the Website shall not exceed the amount paid by you, if any, to Competent Builders for the products or services in question.
10. Indemnification
You agree to indemnify, defend, and hold harmless Competent Builders and its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website, your breach of these Terms, or your violation of any rights of a third party.
11. Termination
We reserve the right to terminate or suspend your access to the Website, without notice, for conduct that we believe, in our sole discretion, violates these Terms or is harmful to Competent Builders or other users of the Website. Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Dispute Resolution
a. Governing Law:
These Terms shall be governed by and construed in accordance with the laws of KENYA, without regard to its conflict of law principles.
b. Dispute Resolution:
Any disputes arising out of or relating to these Terms or your use of the Website shall be resolved through binding arbitration in accordance with the rules of KENYA. The arbitration shall take place in KENYA, and the arbitrator’s decision shall be final and binding. You agree to waive any right to a jury trial or to participate in a class action.
13. Miscellaneous
a. Entire Agreement:
These Terms, together with any other legal notices and agreements published by Competent Builders on the Website, constitute the entire agreement between you and Competent Builders regarding your use of the Website.
b. Severability:
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions shall remain in full force and effect.
c. Waiver:
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and Competent Builders‘ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
d. Assignment:
You may not assign your rights or obligations under these Terms without the prior written consent of Competent Builders. Competent Builders may assign its rights and obligations under these Terms without restriction.
14. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Competent Builders
Email: info@competentbuilders.co.ke
Phone: +254 712 660 245
Address: Greece Towers, 2nd floor, Ruiru, Nairobi – Kenya.
Thank you for choosing Competent Builders. We are committed to protecting your privacy and providing you with the best possible service.