IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE LEAVE THE SITE.

Any use by you of the website operated by Toshana Investment Africa at www.toshanainvestmentafrica.com, http://narrativewineafrica.com is conditional upon your acceptance of these Terms & Conditions, including our Privacy Policy.

Whenever material changes are made to the terms and conditions, consumers will be notified with a ‘pop up’ notice, on the home page. This notice can be viewed for five (5) business days. Otherwise, the privacy policy is subject to change without notice.

Your continued use of the Site will be deemed acceptance of these Terms & Conditions, including our Privacy Statement. This Site is intended for use by persons who are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the site. If you do not fall within this category, you should leave the Site immediately.

All references to ‘our’, ‘us’, ‘we’ or ‘company’ within this policy and within the opt-in notice refer to Toshana Investment Africa/Narrative Wine and its’ associates.

Rights:

All rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.

Intellectual Property:

We are the owner and/or authorized user of all trade marks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

Copying:

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

Liability and Warranties:

In consideration for your being given access to the Site, you hereby release, waive, discharge and covenant not to sue the Company, subsidiaries, associates, affiliates, successors, contractors, agents, representatives and/or employees from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any damage to your property or loss, damage or injury that you personally sustain, including death, whether caused by the negligence of the Company or its representatives or not while participating in Company programs, using Site content and/or attending Company Events in person, regardless of location. You hereby assume all risks to your property and your person and in no way will the Company be liable to you for damages or injuries you sustain. In no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the site exceed, in the aggregate, kshs 5,500.00.

This site is provided “as is,” and your use thereof is at your own risk. We, the Company, subsidiaries, associates, affiliates, successors, contractors, agents, representatives and/or employees, disclaim, to the fullest extent permitted by law, all express and implied warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title and noninfringement. The site will be free of viruses to the best extent possible, however, there is no warranty that the site will be available and accurate. We have taken steps to ensure a secure and encrypted website however there are no warranties will be safe from unauthorized users and access. If you are dissatisfied with the site, your sole remedy is to discontinue using the site

Third Party Goods and Services:

We do not vouch for those persons, Companies and other organizations whose goods or services may be Accessed or displayed through or on the site.

Your responsibility:

You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment.
In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agrees to, our Privacy Statement and the uses which we may make of such information.

Materials submitted by you:

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which we, have not specifically requested, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors.

WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT
PERMITTED BY LAW.

This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

User Information:

Please refer to the privacy policy.

Links from and to the Site:

Links to other websites are provided as a convenience and we do not accept any responsibility for the information provided by those links or their use. We have no control over the content and intent of other websites.

You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. No website may be linked to this website or its pages without our prior written consent.

Indemnity:

You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of its services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material, which you have submitted to us, is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

Restriction, Suspension and Termination:

We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.

Entire Agreement:

These Terms & Conditions, including our Privacy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect. We may cede assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to third parties.

Copyright And IP Legal Issues:

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Toshana Investment Africa:

Toshana Investment Africa Limited,
P.O. Box 76311 00508, Nairobi,
Tel: 254-700 887 014

A description of the copyrighted work that you claim has been infringed

A description of the alleged infringing activity and where the alleged infringing material is Located

A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, and

A statement by you made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Toshana Investment Africa Limited,
P.O. Box 76311 00508, Nairobi,
Tel: 254-700 887 014

Law and Jurisdiction:

These Terms & Conditions, including the Privacy Statement and any matter relating to this Site, shall be governed by the Kenyan law. To the extent that software is accessible through this site, such software may be subject to export, reexport and/or import controls imposed by the Kenya or any other jurisdiction and may not be downloaded or otherwise exported or re-exported: into (or to a national or resident of) any country to which the Kenya has placed an embargo or which is subject to relevant export restrictions.

Farewell:

Thank you for taking the time to read out legal notices. We want you to love our product and enjoy it responsibly. We made Narrative Wine especially for you. Now grab a bottle of Narrative Wine, some choma, and enjoy your day!!