Nation Media Group Epaper Edition (the “Service”) is the internet-based digital service owned by Nation Media Group Company.
“We”, “Our”, “Us” means Nation Media Group, our service agents, Realview Digital, 3G Direct Pay Limited and Nation Media Group Epaper Edition website (“ http://epaper.nationmedia.com”). We provide you with the capability to read online Epaper versions of Nation Media Group publications. The Website is located at http://epaper.nationmedia.com
“You” means a customer of the Service (to the exclusion of business users) and/or visitor of the Website. “Account” means your account of Nation Media Group Epaper Edition, including user name and password information.
3. User Responsibilities
You may only use the Service (a) for lawful purposes generally and specifically in a manner that does not infringe on copyright or other intellectual property rights of either Nation Media Group or any other party, (b) in accordance with this Agreement, and any established operating rules published by Realview Digital. You may not restrict or inhibit any other person from using or enjoying the Service. You will not use the Service in jurisdictions where such use is prohibited by applicable law. The Service is provided for personal use only.
4. Changes to Nation Media Group Epaper Edition Service and Pricing
We may, at any time, change or discontinue any aspect or feature of the Service, including content, subscription plans and features, pricing, hours of availability, equipment or the software needed for access or use. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
5. Intellectual Property
The Service contains material subject to copyright protection, trademarks and other proprietary information. Without limiting the scope of intellectual property rights of Nation Media Group, you acknowledge that Nation Media Group owns intellectual property rights in (i) the content included within the publications; (ii) the Service and the content contained within it; (iii) the selection, coordination, and arrangement of the Website and the publications contained within it; and (iv) the trademarks used in connection with the Service. Publications available through the Service are for your personal use with the Service only and may not be modified, reverse engineered, redistributed, sold, publicly displayed, licensed, rented, or otherwise provided to a third party or commercially exploited. We do not grant you any licenses express or implied, to the intellectual property of the Service or our Publishing partners except as expressly authorized in this Agreement.
Certain content in the Epaper Edition is furnished by the third parties who will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.
6. Third Party Content
Nation Epaper is a distributor (and not a publisher) of content supplied by third parties and has no editorial control over the content. As between the parties, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including those made in publications delivered by our Service, are those of the respective author(s) or publisher(s) and not of Nation Epaper. We do not guarantee the accuracy, timely availability, completeness, or usefulness of any content. Under no circumstance will we be liable for any loss or damage caused by your reliance on information obtained through the Service. The Service may contain links to other Internet sites and third-party resources. We are not responsible for either the availability of these outside resources or their content.
7. Price and Availability of Content
Access to the Service is made available to end users on a subscription basis. Pricing details can be looked up in the registration platform, or captured with the Customer Support team professional.
8. Nation Media Group Epaper Edition Service Refund Policy
If you have a 1-week and 4-week (monthly) billing subscription:
When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
If you have a 3 Months, 6 Months and 1Year subscription:
Cancellations of “these” subscriptions are effective on the first day of the next calendar month and you will receive a prorated refund for the remaining months of your subscription.
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
We make no guarantee that you will be entitled to any refund for subscription purchases. A pro-rata refund of the unused portion of a current subscription may be granted at our discretion.
9. Currency Conversion and Associated Fees
Nation Media Group shows prices in USD. When you purchase a subscription plan to the Service, 3G Direct Pay Limited (our third party payment gateway) will charge you a price in USD or KES depending on the mode of payment used. If your bank or a credit card company converts USD to your local currency, the resulting price may fluctuate depending on the changes in the conversion rate. Your credit card company may charge you a fee for this service. Neither We nor 3G Direct Pay Limited will be responsible for any fees that your bank or credit card company charges for performing currency conversion, conversion rate or changes in the conversion rate.
10. Nation Media Group Epaper Edition Auto-Renew and Cancellation Policy
All subscription plans to the Service are auto-renewed at the end of the subscription term or before the term is over. However, you may cancel your subscription at any time. Please see Nation Media Group Epaper Edition Service Refund Policy for more information.
11. Disclaimer of Warranty
Nation Media Group Limited does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
(a) The service is provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, non-interference, accuracy of data, accuracy of translation, availability, timing, merchantability, or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. (b) without limiting the foregoing, neither nation media group, Realview Digital and 3G Direct Pay Limited nor its affiliates, licensors, or agents warrant that the service will be uninterrupted, timely, or error free; nor do they make any warranty as to the results that may be obtained from use of the service, or as to the accuracy, reliability, or content of any information, service, or goods provided in connection with the service. You bear the responsibility for obtaining and maintaining reliable internet connectivity, typically through a third party internet service provider. We do not issue refunds based on your inability to connect to the website or view the newspapers.
12. Limitation of Liability
In no event will We or our affiliates, licensors, or agents be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential (including without limitation lost profits) or punitive damages arising out of the use of or inability to use the service. You acknowledge that (i) the provisions of this section shall apply to all content on the service; and (ii) Nation Media Group is not liable for the defamatory, offensive or illegal conduct of third parties including our licensors and that the risk of injury from the foregoing rests entirely with you.
You agree to defend, indemnify and hold harmless Nation Media Group and 3G Direct Pay Limited, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of your use or inability to use of the Service. You agree to fully cooperate as reasonably required in the defence of any such claim.
We have the right, but not the obligation, to monitor the Service (i) to determine compliance with this Agreement and any operating rules established by Nation Media Group; and (ii) to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of Nation Media Group legal obligations.
We have the right at any time to change or modify this Agreement. You will be effectively notified of any such changes or modifications when
Either we or you may terminate this Agreement at any time. Without limiting the foregoing, we have the right to immediately terminate your Account in the event that you breach this Agreement. If your Account is terminated, you are and will remain responsible for all charges incurred up to the time of the termination. The provisions of Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive termination of this Agreement.
This Agreement and any operating rules for the Service constitute the entire agreement between us with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter. This Agreement shall be construed in accordance with the laws of Kenya. For any legal action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to personal jurisdiction and exclusive to the High Courts of Kenya. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.