Terms & Conditions

Introduction

Welcome to Mambisha - a subscription service at KES30/day operated by the company Nexus Enterprises LTD. By subscribing and using this service, you are agreeing to comply with and be bound by the following terms and conditions of use. Web site: www.nexusapps.mobi

Please read the below TERMS AND CONDITIONS carefully, because your use of the service constitutes your agreement to these TERMS AND CONDITIONS. If you disagree with any part of these TERMS AND CONDITIONS, please do not use our service. Mambisha, in its sole discretion and without notice to you, reserves the right to make changes to the Site and these TERMS AND CONDITIONS from time to time. When we make changes, we will post them here. You may wish to check this section from time to time, because by visiting the service, you agree to accept any such changes.

Definitions

BY ACCESSING THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.

Description

Mambisha is a subscription service that enables users to browse and interact with various types of content among our users such as text, picture, multimedia, and games. Users are able to download/upload pictures, to watch top popular videos in several categories, and to get access to the best blogs on very popular topics such as health and fitness, lifestyle, finance advises, news in science, and dating. The most popular feature of ours is our category NICE OR NOT and express their opinion about content we or other users are uploading. With the subscription, users get the access to the account by using unique username and password we have send them in the message to their mobile phone. Mambisha is the perfect place for online mingle and jingle, offering users many possibilities to interact with the service content and to take the advantage of their subscription. The only cost they have to pay is a subscription cost. We do not charge anything extra, only the subscription cost of KES30/day. To take advantage of this service you need to be 18 years and older. The service is available via WEB and WAP. WAP access may be subject to additional GPRS cost imposed by your Network Operator. Please contact your Network Operator for more information. Support number: 0723070028 / 0734488668. To exit this service, dial *100# or *200# safaricom.

By accessing any part of this service and/or registering as a user of the service, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you are obligated to deactivate the service.

You must be older than 18 years to register as a user or access the service. If you are under 18 please get a parent's or guardian's permission before making any contribution.

Unless specified otherwise, the materials published are directed solely at those who access the service from Kenya. Those who choose to access this site and the service from other locations are responsible for ensuring compliance with local laws if and to the extent that they are applicable.

Services are non-transferable to other users or accounts and have no cash or monetary value. The service contains information, facts and opinions from various sources. The service is provided on an 'as is' basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied Warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither Nexus Enterprises LTD, nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the Service.

Information Contained on the Site

While we endeavour to ensure that the information on this Site is correct we do not warrant the accuracy and completeness of the material on this Site. We may make changes to the material on this Site or described in it, at any time without notice. The material on this site may be out of date, and we make no commitment to update such material. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you via SMS about changes to the service or provide notices of changes by displaying notices or links to notify you generally on the service. Please review the terms and conditions periodically. Your continued use of the service following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

The material on this site is provided 'as is', without any conditions, warranties or other TERMS AND CONDITIONS of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this site on the basis that we exclude all representations, warranties and conditions and other TERMS AND CONDITIONS (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Site.

Service Access

Whilst we endeavour to ensure that this site is normally available 24 hours a day, we shall not be liable for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Prohibited Uses

You may use our service only for lawful, personal and non-commercial purposes. You may download or copy the content displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not use our service and site:

-in any way that breaches any applicable local, national or international law or regulations;
-in any way that is unlawful, fraudulent, or has any unlawful of fraudulent purpose or effect;
-for the purposes of harming or attempting to harm minors in any way;
-to send, knowingly receive, upload, download, use or re-use material which does not comply with our content standards below;
-to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

Interactive Services

We may from time to time provide interactive services on our Site. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular minors) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

User Uploaded Content and User Conduct

Other than personally identifiable information, which is covered under the Privacy Policy, any material or articles you transmit or post to this content shall be considered non-confidential and non-proprietary. You retain your rights to any content you submit, post or display on or through the site. By submitting, posting or displaying content on or through the site, you grant us a worldwide, irrevocable, perpetual, unrestricted, non-exclusive, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, translate, perform, publish, transmit, create derivative works from, display, distribute (including, without limitation, making available on-line, electronically transmitting or otherwise communicating to the public) and otherwise use and exploit such Content in any and all media or distribution methods (now known or later developed) for any purpose (including for commercial or promotional purposes) without notice or compensation and you hereby waive all moral or author's rights in such content. Posts containing commercial solicitations or promotional messages for products and services (including but not limited to references or links to other commercial websites) are prohibited. We also prohibit the use of our community to solicit donations or to promote fundraising activities without our prior express written approval. Such additional uses by us, or other companies, organizations or individuals who partner with us, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the site. We shall have no obligations with respect to such content. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such content and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

These content standards apply to any and all content which you contribute to our service, and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any content as well as to its whole. All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who organized such content. We may not monitor or control the Content posted via the Site and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via this service or obtained by you through the site is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the site or endorse any opinions expressed via the site. You understand that by using the site, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. Under no circumstances will we be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere even if we have been advised of the possibility of such loss or damages. Content must not:

-infringe, violate or otherwise interfere with any copyright or trade-mark of another party;
-infringe on any intellectual property right of another or the privacy rights of another;
-contain swearing or vulgar language;
-be libelous, defamatory, abusive, threatening, harassing, prejudicial, intimidating, menacing, hateful, offensive or otherwise violates any law or right of a another party;
-contain unlawful or objectionable content including but not limited to material which is sexist, racist, homophobic, obscene, profane, pornographic or defamatory;
-promote sexually explicit material, violence or any illegal activity;
-promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
-be likely to deceive any person;
-be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
-be likely to harass, upset, embarrass, alarm or annoy any other person;
-be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
-give the impression that they emanate from us, if this is not the case;
-advocate, promote or assist any unlawful act such as (by way of example only) copyright or trade-mark infringement or computer misuse;
-contain a virus, trojan horse, worm, time bomb or other computer programming routine or engine intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

We reserve the right at all times (but will not have an obligation) to remove, modify or refuse to distribute any Content on the Site, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the TERMS AND CONDITIONS, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Violation of the TERMS AND CONDITIONS

We will determine, in our discretion, whether there has been a breach of these TERMS AND CONDITIONS through your use of the service. When a breach has occurred, we may take such action as we deem appropriate.

Failure to comply with these TERMS AND CONDITIONS constitutes a material breach, and may result in our taking all or any of the following actions:

-immediately, temporary or permanent withdrawal of your right to use our service;
-immediately, temporary or permanent removal of any posting or material uploaded by you to our service;
-issue of a warning to you;

We exclude liability for actions taken in response to breaches of these TERMS AND CONDITIONS. The responses described in these TERMS AND CONDITIONS are not limited, and we may take any other action we reasonably deem appropriate.

Termination

We may modify, discontinue or terminate these TERMS AND CONDITIONS (in part or in whole) and deny you access to the service at any time, immediately and without notice, if in our sole discretion, you fail to comply with any term or condition in these TERMS AND CONDITIONS.

Our privacy policy

1. Introduction

1.1. We are committed to safeguarding the privacy of our website users and our customers; in this policy, we explain how we will handle your personal data.

1.2. This policy applies to all Nexus Enterprises LTD websites.

2. How we use your data

2.1. In Section 2 we have set out:

A) The general categories of personal data we may process

B) The purpose for which we may process personal data; and

C) The legal bases of the processing

2.2. We may process data about your use of our websites and services ("usage data"). The usage data may include your IP address, geographical location, length of visit as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google analytics tracking system. The legal basis for this processing is our legitimate interests, namely monitoring and improving our websites and services.

2.3. We process the mobile number that you provide to us for the purpose of subscribing to our Service. The legal basis for this processing is Contractual.

2.4. We may process information contained in or relating to any communication that you send to us by email or any similar communications system ("message data"). The message data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our websites and business and communications with users, prospective customers and customers.

2.5. In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

3. Providing your personal data to others

3.1. We may pass your information to out third-party service providers for the purposes of completing tasks and providing services to you on our behalf. These third parties have access to your Personal Information only to perform these specific tasks on our behalf and are obligated not to disclose or use it for any other purpose. Any Third-party will warrant that they comply with GDPR.

3.2. We endeavour to ensure that there are appropriate and proportion technical and organizational measures taken to prevent the loss, destruction, misuse, alteration, unauthorized disclosure or access to your personal information.

3.3. In addition to the specific disclosures of personal data set out in this Section 3, we may also disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

4. Retaining and deleting personal data

4.1. Section 4 sets out our data retention policies and procedures, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

4.2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

4.3. In order to our service functioning, we created a database of mobile phone numbers. As long as you are a member of the distribution list, you will receive updates to our services and promotions.

4.4. We may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

5. Your rights

A. the right to access;

B. the right to rectification;

C. the right to complain to a supervisory authority; and

5.1. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

5.2. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

5.3. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

5.4. You may exercise any of your rights in relation to your personal data by written notice to us.

6. Third-party websites

6.1. Our websites include hyperlinks to, and details of, third party websites.

6.2. We have no control over and are not responsible for, the privacy policies and practices of third parties.

7. Our details

7.1. Our legal name is Nexus Enterprises LTD

7.2. We are registered in Hong Kong

7.3. You can contact us:

A. By post, using the address:12/F, Henley Building, 5 Queen's Road Central, Central, Hong Kong

B. By email, using any email address published on our website.