1.1 1.1 You should read these Terms carefully. If you do not accept these Terms, you must immediately cease accessing and using the Portal.
1.2 These terms and conditions apply to your access to and use of the GS1 Kenya portal including your use of the GS1 system on the Portal.
1.3 In accessing and using the GS1 Kenya portal, you acknowledge that these Terms form a legally binding agreement between you (either as an individual or an organization on whose behalf you access the Portal) and GS1 Kenya Limited.
1.5 In addition to these Terms, your use of the Portal, and the GS1 Kenya system through the Portal, is also governed by the following documents:
1.6 By accessing the site and using the Portal, you acknowledge that you have read, understood and agree to be legally bound by Terms and Conditions in 1.4 (a) and (b) above.
2.1 In order to access the Portal, you are required to register and activate your account by creating a user name and password. You are responsible for keeping this user name and password secure and responsible for all use and activity carried out under this user name.
2.2 In accessing and using the Portal, you agree:
- (a) that you will only use the Portal strictly in accordance with these Terms;
- (b) to provide true and accurate information to GS1 Kenya in respect of any transaction or lodgment made through the portal;
- (c) not to provide false or misleading information or engage in misleading or deceptive conduct in connection with the Portal;
- (d) not to access or attempt to access materials or functions on the Portal you are not authorized to use;
- (e) not to interfere with or disrupt (or attempt to interfere or disrupt) the rights of others to use the portal;
- (f) not to use the portal to conduct or solicit the performance of any illegal activity; and
- (g) that you are responsible for actively managing correspondence sent by GS1 Kenya to You through the Portal.
3.0 BREACHES BY USERS
3.1 In the event of breach of these terms and conditions, GS1 Kenya reserves the right to remove, deny access or suspend access.
3.2 If any user breaches any Terms, or if GS1 Kenya has reasonable grounds to believe that a user is in breach of any Terms, GS1 Kenya shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
- (a) suspending or terminating the user’s account and any and all accounts determined to be related to such account by. GS1 Kenya in its discretion;
- (b) restricting, suspending or terminating the subscription of, access to, or current or future use of any Service;
- (c) removing any product listings or other user content that the user has submitted, posted or displayed, or imposing restrictions on the number of product listings;
- (d) imposing other restrictions on the user’s use of any features or functions of any Service as GS1 Kenya may consider appropriate in its sole discretion; and
- (e) any other corrective actions, discipline or penalties as GS1 Kenya may deem necessary or appropriate in its sole discretion.
3.3 Without limiting the generality of the provisions of the Terms, a user would be considered as being in breach of the Terms in any of the following circumstances:
- (a) GS1 Kenya has reasonable grounds to suspect that any information provided by the user is not current or complete or is untrue, inaccurate, or misleading, or
3.4 GS1 Kenya believes that the user’s actions may cause financial loss or legal liability to GS1 Kenya or our affiliates or any other users of the system.
3.5 GS1 Kenya reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, GS1 Kenya may disclose the User's identity, contact information and/or information regarding the User's account(s), or activities carried out on or via the portal, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. GS1 Kenya shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against GS1 Kenya for such disclosure.
3.6 GS1 Kenya may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the user’s use of any service without being liable to the user, if GS1 Kenya has received notice that the user is in breach of any agreement or undertaking with any affiliate of GS1 Kenya and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. GS1 Kenya shall not be required to investigate such breach or request confirmation from the user.
4.0 USE OF THE PORTAL
4.1 The portal is provided to assist GS1 Kenya Members to access various resources and tools to utilize the GS1 Kenya system and other services of GS1 Kenya.
4.2 We may suspend or remove access to some or all of the portal, conditionally or unconditionally, in our absolute discretion. Some parts of the portal may only be available to certain classes of GS1 Members.
4.3 We may accept or reject any request placed through the Portal in our discretion. We may cancel any request if there is an error or omission in the request or if the request is unable to be processed.
5.0 INTELLECTUAL PROPERTY
5.1 All intellectual property in the Portal, including all copyright and trademarks, is owned by GS1 Kenya unless they are sourced from a third party.
6.0 HAKIKISHA BIDHAA SERVICE
6.1 By accepting these terms and conditions, you consent sharing of your product information on Hakikisha Bidhaa platform.
7.1 GS1 Kenya liability is to protect the data provided and shall not pass to a third party without your consent as per Data Protection Act of Kenya, 2019.
7.2 GS1 Kenya will accept all data entered by you on the portal as true, accurate, complete and lawful. GS1 Kenya shall not be liable to any discrepancies, omissions or commissions.
8.0 GOVERNING LAW
8.1 These Terms and Conditions are governed by the laws in force in Kenya and you agree to submit to the exclusive jurisdiction in respect of any dispute arising from these Terms and Conditions.
9.0 AMENDMENTS TO TERMS
9.1 GS1 Kenya reserve the right to amend these Terms and Conditions from time to time.
Data means information about a product that has been provided to the GS1 Global Registry Platform by a Data Provider.
Fees means GS1 Kenya’s fees for the use of any solution or service as published by GS1 Kenya from time to time (and Fee has a corresponding meaning).
GS1 Kenya means the GS1 Member Organization with an exclusive license granted by GS1 AISBL to allocate GS1 ID Keys in Kenya and means the legal entity GS1 Kenya Limited (registration number).
Portal means the GS1 online platform and includes any solutions or services accessible therein.
Membership Subscription & License Agreement means the GS1 Kenya Membership Subscription & License Agreement as defined in Clause 1.4.
Terms means the terms and conditions of this agreement.
Hakikisha Bidhaa means the service provided by GS1 Kenya to her customers to get Data out of the GS1 Kenya database.
You and Your means the person/entity/representative accessing the Portal and/or any of the application services or solutions accessible therein.