These Terms of Use ("Agreement") should be read carefully before using
the services offered by Telmark Kenya Inc. and those of its
subsidiaries and affiliates (collectively "Telmark Kenya" ), or
accessing the websites of Telmark Kenya or those of its subsidiaries
and affiliates. This Agreement sets forth the legally binding terms
and conditions for your use of the website at www.telmarkagencies.com
(the "Site") and the services owned and operated by Telmark Kenya
(collectively with the Site, the "Service"). By using the Site or
Service in any manner, including but not limited to visiting or
browsing the Site, you agree to be bound by this Agreement, the
Privacy Policy, and all other operating rules, policies and procedures
that may be published by us from time to time on the Site, each of
which is incorporated by reference and each of which may be updated by
Telmark Kenya from time to time without notice to you.
Your use of the Site is governed by the version of this Agreement in
effect on the date of use. Telmark Kenya may modify this Agreement at
any time and without prior notice. Your continued use of and access to
the Telmark Kenya Site constitutes your acknowledgement of, and
agreement to, the then current Terms of Use and to having reviewed the
most current version of the Terms of Use. Please also note that the
terms and conditions of this Agreement are in addition to any other
agreements between you and us, including any customer or account
agreements, and any other agreements that govern your use of products,
services, content, tools, and information available on the Site. This
Agreement does not alter in any way the terms or conditions of any
other agreement you may have with Telmark Kenya, or its subsidiaries
or affiliates, for the Service or otherwise. If you do not agree to
all the terms of this Agreement and/or Telmark Kenya Privacy Policy,
you are not eligible to participate in Telmark Kenya Service or
otherwise use this Site. This Agreement applies to all users of the
Site or Service, including entrepreneurs ("Issuers") and Accredited
Investors, as defined by SEC Regulation D Rule 501 ("Investors"), who
in any way use the Site or Service provided by Telmark Kenya (in each
case, a "User")..
Telmark Kenya reserves the right, in its sole discretion, without any
obligation and without any notice requirement, to change, improve or
correct the information, materials and descriptions on the Site and to
suspend and/or deny access to the Site for any reason. The information
and materials on the Site may contain typographical errors or
inaccuracies. Any dated information is published as of its date only,
and Telmark Kenya does not undertake any obligation or responsibility
to update or amend any such information. Telmark Kenya may discontinue
or change any product or service described in or offered on the
Telmark Kenya Site at any time. Telmark Kenya further reserves the
right, in its sole discretion, to block or otherwise discontinue your
access and use of the Site at any time and for any reason. You agree
that Telmark Kenya and its subsidiaries and affiliates will not be
liable to you or to any third party for any such modification,
suspension or discontinuance.
Investor Qualifications The Service is available only to Accredited
Investors who are at least 18 years old. You represent and warrant
that if you are an individual, you are of legal age to form a binding
contract, and that all registration information you submit is accurate
and truthful. Telmark Kenya may, in its sole discretion, refuse to
offer the Service to any person or entity and change its eligibility
criteria at any time. This provision is void where prohibited by law
and the right to access the Service is revoked in such jurisdictions.
If you are using the Site on behalf of any entity, you represent and
warrant that you are authorized to accept this Agreement on such
entity's behalf, and that such entity agrees to indemnify Telmark
Kenya for violations of this Agreement. Non professional Investment
acknowledged and bind agreement between Individual and Telmark Kenya
.Individual to take risk prior to soul decision in agreement to all
terms of use.
Securities Products Fund listings on this Site are only suitable for
Accredited Investors who are familiar with and willing to accept the
high risk associated with private International investments.
Securities sold through private placements are not publicly traded
and, therefore, are less liquid. Additionally, Investors may receive
restricted units that may be subject to holding period requirements.
Fund offerings on Telmark Kenya will target companies seeking private
placement investments, which tend to be in earlier stages of
development and have not yet been fully tested in the public
marketplace. Investing in private placements requires high risk
tolerance, low liquidity concerns, and long-term commitments.
Investors must be able to afford to lose their entire investment. For
those reasons, these offerings may be made available only to certain
institutional investors and high net worth individuals and entities.
As with all alternative investments, investors must meet certain
eligibility tests to qualify as purchasers. Currently, entities must
have assets of at least $5 million (or all individual owners meet
accredited investor tests). Individuals must have a net worth of more
than $1000 excluding primary residence or gross income for each of the
last two years of at least $200,000 ($300,000 with spouse) with the
expectation of the same income in the current year.
The value of investments and the income from them can fall as well as
rise. Past performance is not a guarantee of future performance. The
contents of this Site do not constitute financial, legal, or tax
advice. Investors are solely responsible for conducting any legal,
accounting or due diligence review. You should obtain investment and
tax advice from your advisers before deciding to invest. digital
marketing products are not BK insured, may lose value, and there is no
bank guarantee.
None of the information contained in the publicly available portions
of the Site constitutes a recommendation, solicitation or offer buy or
sell any securities, options or other financial instruments or other
assets or provide any digital marketing advice or service. The
information contained in the Site has been prepared by without
reference to any particular User's digital marketing requirements or
financial situation. The information and services provided on the Site
are not provided to, and may not be used by, any person or entity in
any jurisdiction where the provision or use thereof would be contrary
to applicable laws, rules or regulations of any governmental authority
or where Telmark Kenya is not authorized to provide such information
or services. Some products and services described in the Site may not
be available in all jurisdictions or to all clients.
Modification of Agreement Telmark Kenya reserves the right, at its
sole discretion, to modify or replace any of the terms of this
Agreement, or change, suspend, or discontinue the Service (including
without limitation, the availability of any feature, database, or
content) at any time. Such modification shall become part of this
Agreement and are automatically effective once posted on the Site or
by sending you an email. This Agreement may not be orally amended.
Telmark Kenya may also impose limits on certain features and services
or restrict your access to parts or all of the Service without notice
or liability. It is your responsibility to check the terms of this
Agreement periodically for changes. Your continued use of the Service
following the posting of any changes to the Terms of Use constitutes
acceptance of those changes.
Proprietary Rights The Telmark Kenya logo is a trademarks and service
mark of Telmark Kenya. Telmark Kenya or its licensors own and retain
all proprietary rights in the Site, the Service and all material and
information posted thereon ("Content"). The Site contains the
copyrighted material, trademarks and other proprietary information of
Telmark Kenya and its licensors. You may not alter, modify, publish,
distribute, publicly display or sell any Content or other such
proprietary information, or otherwise copy or transmit any Content or
other such proprietary information without the express written
permission of Telmark Kenya.
In addition, to the extent you receive information from BK, Issuers or
other Investors with respect to any digital marketing activity on the
Site, you may not further disclose or otherwise provide such
information to another party in any way that allows a personal
identification of such Issuer or Investor. You agree that BK may, at
its sole discretion and to the extent permitted by law, access, read,
preserve and disclose your account information, usage history and
submitted Content in order to: (a) comply with any applicable law,
regulation, legal process, or governmental request; (b) respond to
claims that any Content violates the rights of third parties,
including intellectual property rights; (c) enforce this Agreement and
investigate potential violations thereof; (d) detect, prevent, or
otherwise address fraud, security, or technical issues; (e) respond to
your requests for customer service; or (f) protect the rights,
property, or personal safety of Telmark Kenya , its users, or the
public.
By using and accessing Telmark Kenya, you agree to keep all
information you learn about companies, funds, and digital marketing
opportunities on the site private and confidential.
Authorized User Our Services and certain pages of the Site are
available only to Investors who have been authorized by us to access
those Services and web pages on the Site. Such authorization may
require completion of an accredited investor questionnaire and
satisfactory background information screening and/or identification
verification. Only users of Telmark Kenya with a valid User ID and
password are authorized to access such services and web pages.
Unauthorized use of the Site and our Service, including, but not
limited to the misuse or sharing of passwords or misuse of any other
information, is strictly prohibited. You may not use the Site in any
manner that could damage, disable, overburden, or impair the Site or
Service or interfere with any other party's use and enjoyment of the
Site or Service. You agree that you will not engage in any activities
related to the Site that are contrary to applicable laws or
regulations. You further agree that you are responsible for any
unauthorized use of your password that is made before you have
notified us and we have had a reasonable opportunity to act on that
notice. Telmark Kenya reserves the right at its discretion to suspend
or cancel your password, even without receiving such notice from you,
if we suspect that it is being used in an unauthorized or fraudulent
manner.
Notwithstanding the above, you are responsible for monitoring your
account and should promptly report any unauthorized or suspicious
activity in your account to us at info@telmarkagencies.com.
Use of Links The Site may permit you to link to other websites or
resources on the Internet, and other websites or resources may contain
links to the Site. When you access third party websites, you do so at
your own risk. These other websites are not under Telmark Kenya
control, and you acknowledge that Telmark Kenya is not responsible or
liable for the content, functions, accuracy, legality, appropriateness
or any other aspect of such websites or resources. The inclusion of
any such link does not imply an affiliation, sponsorship, or
endorsement by BK or any association with its operators. You further
acknowledge and agree that BK shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with the use of or reliance on any
information, goods or services available on or through any such
website or resource. You should also be aware that the terms and
conditions and privacy policy of such sites may be different from
those applicable to your use of the BK Site and Service.
Third Party Content Certain portions of the Site may contain third
party content and may provide links to webpages and content of third
parties (collectively "Third Party Content"). BK does not control,
endorse, investigate, or adopt any Third Party Content, and makes no
representations or warranties of any kind regarding the Third Party
Content, including with respect to its accuracy or completeness. You
acknowledge and agree that BK is not responsible or liable in any
manner for any Third Party Content or your reliance upon Third Party
Content. Users use such Third Party Content at their own risk.
Copyright Policy If you believe that any material on the Site violates
this Agreement or your intellectual property rights, please notify BK
as soon as possible by sending an email to info@telmarkagencies.com,
with the following information in accordance with Section 512(c) of
the Copyright Act: (i) a physical or electronic signature of the
copyright owner or a person authorized to act on their behalf; (ii)
identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material; (iv) your contact
information, including your address, telephone number, and an email
address; (v) a statement by you that you have a good faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and (vi) a statement that
the information in the notification is accurate, and, under penalty of
perjury, that you are authorized to act on behalf of the copyright
owner.
We reserve the right to remove Content alleged to be infringing or
otherwise illegal without prior notice and at our sole discretion. In
appropriate circumstances, Telmark Agencies will also terminate a
User's account if the user is determined to be a repeat infringer.
Termination Telmark Kenya may terminate your access to all or any part
of the Site and Service at any time, with or without cause, with or
without notice, effective immediately, which may result in the
forfeiture and destruction of all information associated with your
membership. If you wish to terminate your account, you may do so by
following the instructions on the Site. All provisions of this
Agreement shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations
of liability.
Warranty Disclaimer Telmark Kenya has no special relationship with or
fiduciary duty to you. You acknowledge that BK has no control over,
and no duty to take any action regarding: which users gains access to
the Site; what Content you access via the Site; what effects the
Content may have on you; how you may interpret or use the Content; or
what actions you may take as a result of having been exposed to the
Content. You release BK from all liability for you having acquired or
not acquired Content through the Site. BK makes no representations
concerning any Content contained in or accessed through the Site, and
BK will not be responsible or liable for the accuracy, copyright
compliance, legality or decency of material contained in or accessed
through the Site or the Service.
BK neither represents, warrants, covenants guarantees, nor promises
any specific results from use of the Site.
THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR
ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE, IS
PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR
USE OF THIS SITE AND SITE-RELATED SERVICES.
BK makes no representation or warranty, express or implied, with
respect to any third party data provided to BK or its transmission,
timeliness, accuracy or completeness, including but not limited to
implied warranties or warranties of merchantability or fitness for a
particular purpose. BK will not be liable in any way to you or to any
other person for any inaccuracy, error or delay in or omission of any
third party data or the transmission or delivery of any such third
party data and any loss or damage arising from (a) any such
inaccuracy, error, delay or omission, (b) non-performance or (c)
interruption in any such third party data due either to any negligent
act or omission by BK or "force majeure" or any other cause beyond the
control of BK.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY
ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN
RISK.
Electronic Communication Privacy Act Notice (18usc 2701-2711): BK
makes no guaranty of confidentiality or privacy of any communication
or information transmitted on the site or any website linked to the
site. BK will not be liable for the privacy of email addresses,
registration and identification information, disk space,
communications, confidential or trade-secret information, or any other
Content stored on Telmark Agencies's equipment, transmitted over
networks accessed by the Site, or otherwise connected with your use of
the Service.
Indemnification You shall defend, indemnify, and hold harmless Telmark
Agencies, its affiliates and each of its, and its affiliates
employees, contractors, directors, suppliers and representatives from
all liabilities, claims, and expenses, including reasonable attorneys'
fees, that arise from or relate to your use or misuse of, or access
to, the Site, Service, Content or otherwise from your User
Submissions, violation of the Agreement, or infringement by you, or
any third party using the your account, of any intellectual property
or other right of any person or entity. Telmark Agencies reserves the
right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will
assist and cooperate with Telmark Agencies in asserting any available
defenses.
Limitation of Liability IN NO EVENT SHALL Telmark Agencies, NOR ITS
DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT
PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY,
NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE
SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE
GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION),
OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE)
ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Arbitration This Agreement (and any further rules,
policies or guidelines incorporated by reference herein) shall be
governed by and construed in accordance with the laws of the State of
Delaware, without giving effect to any principles of conflicts of law.
Unless otherwise agreed in writing by User and Telmark Agencies, any
dispute arising out of or relating to the Agreement, or the breach
hereof, shall be finally resolved by arbitration administered by the
American Arbitration Association ("AAA") under its Commercial
Arbitration Rules. If parties are unable to select an arbitrator then
AAA shall select the arbitrator. Judgment on any award entered by the
arbitrator may be entered in any court having jurisdiction thereof.
User agrees that it may bring claims against Telmark Agencies only in
an individual capacity and not as a plaintiff or class member in any
purported class or representative proceeding.
Registration Data; Account Security In consideration of your use of
the Site, you agree to (a) provide accurate, current and complete
information about you as may be prompted by any registration forms on
the Site ("Registration Data"); (b) maintain the security of your
password and identification; (c) maintain and promptly update the
registration Data, and any other information that you provide to
Telmark Agencies, to keep it accurate, current and complete; and (d)
accept all risks of unauthorized access to the Registration Data and
any other information you provide to Telmark Agencies.
Integration and Severability This Agreement is the entire agreement
between you and Telmark Agencies with respect to the Service and use
of the Site, and supersede all prior or contemporaneous communications
and proposals (whether oral, written or electronic) between you and
Telmark Agencies with respect to the Site. If any provision of the
Terms of Use is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary so that
the Agreement will otherwise remain in full force and effect and
enforceable. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of any
further rights hereunder.
Customer Legal Requirements Our Service is restricted to individuals
of legal age (18) who are residents of jurisdictions where the use of
our Service is not prohibited by law. All investments are void where
prohibited by law. You accept that use of our Service is at your sole
option, discretion and risk. Furthermore, you agree that use of our
Service is for your own personal gain and non-professional use and, in
doing so, are acting on your own behalf and acknowledge that any
activities in violation of these Terms are strictly prohibited. By
accepting these Terms, you are fully aware that there is a risk of
losing money when investing since its a crowdfunding project for a
short time gain and you are fully responsible for any such loss. You
agree that your use of our Service is at your sole option, discretion
and risk. In relation to your losses you shall have no claims
whatsoever against us or any of our partners, or respective directors,
officers or employees.