DISCLAIMER

YOU USE THE SITE, MATERIALS AND ALL OTHER INFORMATION HEREIN AT YOUR SOLE RISK.

The Public Private Partnerships Unit is not an investment advisor and has not been registered as an investment advisor under the laws of Kenya. Nothing in this Site constitutes investment advice.
This Site may contain various opinions, advice, recommendations, analyses and similar content, including content by third party providers. The Public Private Partnerships Unit does not endorse the accuracy or reliability of such advice, opinion or recommendation, and the Public Private Partnerships Unit shall not bear liability for any errors, omissions, inaccuracies, completeness, defect or timeliness, nor for anything else whatsoever, regardless of cause, for any loss or damage resulting from your reliance thereon. None of these types of information constitute legal or investment advice and your reliance on them shall be at your sole risk.

While every care has been taken to confirm the veracity of the information provided on this site, YOU MAY NOT RELY ON ANY MATERIAL, NOR ON THIS SITE, AS REPRESENTING A LEGAL OR INVESTMENT OPINION TO INFORM YOUR DECISIONS.

UNDER ALL CIRCUMSTANCES YOU MUST SEEK INDEPENDENT LEGAL AND INVESTMENT ADVICE.

As a condition of use of this Site, you agree to indemnify The Public Private Partnerships Unit from and against any and all actions, claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of this Site, including without limitation any claims alleging facts that if true would constitute a breach by you of these conditions of user. You will cooperate as fully as reasonably required in the defense of any such claim. The Public Private Partnerships Unit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of The Public Private Partnerships Unit.

The public Private Partnerships Unit provides the Site and materials "as is" and "as available".

The Private Partnerships Unit expressly disclaims to the full extent permitted by law all warranties of any kind related to the site and materials whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or loss of data that results from your use of the site or materials. The Private Partnerships Unit makes no warranty that (1) the site and materials will meet your requirements; (2) the site or materials will be uninterrupted, timely, secure, or error-free; (3) the results of the site or materials, will be accurate or reliable; (4) the quality of any products, services, or material obtained by you through the site will meet your expectations; or (5) the site, its servers, the materials, or communications sent from The Private Partnerships Unit will be free of viruses or other harmful components. No information obtained by you from The Private Partnerships Unit or through the site shall create any warranty not expressly stated in these terms of user.  

The Public Private Partnerships Unit may or may not review material on this site, including any materials you may post hereon where such facility is provided, and the Public Private Partnerships Unit shall have the right but not the obligation and in its sole discretion to review, amend or remove any materials at any time for any reason whatsoever with or without notice to you.
The Public Private Partnerships Unit reserves to right, at its sole discretion, and for any reason or no reason at all at any time and periodically and with or without notice to you to exercise administrator rights over the Site, including the modification of your rights of user. Under no circumstances shall the Public Private Partnerships Unit be liable to you for any loss, damage or other expense suffered or incurred which may be claimed as a result of your use of the Site, or that may result out of consequential faults, errors, omissions, delays or anything incidental to and connected therewith, even if the Public Private Partnerships Unit has been advised of the possibility of such damage or loss.

You specifically acknowledge and agree that you hereby release the Public Private Partnerships Unit from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the conduct of any User.

Other parties may have ownership interests in some of the Materials contained on the Site. The Public Private Partnerships Unit in no way represents or warrants that it owns or controls all rights in all Materials, and will not be liable to you for any claims brought against you by third parties in connection with your use of any Materials.

This Site may contain links to third-party web sites. The linked sites are not under the control of The Public Private Partnerships Unit, which is not responsible for the contents of any linked site or any link contained in a linked site. The Public Private Partnerships Unit does not endorse the linked sites.

You further acknowledge your concession that this terms and conditions do not constitute an exclusive agreement – and the Public Private Partnerships Unit may design products and services that directly compete with your own products and services without incurring any form of liability to you or to any other entity whatsoever.


Governing Law

Any dispute between The Public Private Partnerships Unit and you arising out of, or in connection with, the Site or your use of the Site which cannot be amicably settled between the parties to such dispute shall be governed by the Laws of Kenya and may be resolved by arbitration under the laws and procedures of the Arbitration Act of Kenya, or through litigation in Kenyan courts at Nairobi. All disputes that may arise from your use of this Site shall be governed by the aforesaid laws without regard to any conflict of law provisions under such laws.


Miscellaneous

These Terms and Conditions include The Public Private Partnerships Unit Privacy Policy, available at http://www.pppunit.go.ke/privacy, which is hereby incorporated by reference.

The failure of The Public Private Partnerships Unit to exercise or enforce any right or provision of this Disclaimer shall not constitute a waiver of such right or provision. No waiver by The Public Private Partnerships Unit of any provision of this Disclaimer shall be binding except as set forth in writing and signed by its duly authorized representative.

This Disclaimer is fully assignable by The Public Private Partnerships Unit.

If any provision of this Disclaimer is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Disclaimer remain in full force and effect.

The Public Private Partnerships Unit reserves all rights not expressly granted under this Disclaimer, and no other rights are granted by implication or estoppel or otherwise.

The headings in this Disclaimer are for convenience only and have no legal or contractual effect.