Masterclass Solutions Limited. ("we" "us" or "MSL") is the provider of myroad.co.ke website, all of
its related websites, all of its features and services (the “Site”), and all applications for mobile devices
(and other online or mobile services we may provide (altogether, the “Services”). Please read these
information through the Services. By using the Services or submitting information through the
Services or submit any information through the Services. We recommend that you print a copy of these
you and your use of the Services and by continuing to use the Services, you shall be deemed to have
accepted such changes.
The Services may contain mature content and are not intended for persons under the age of 13. If you
are under the age of 13, unless your parents have consented as set out below, please do not use the
Services-there are lots of other great sites, apps and services intended for kids of your age. Talk to
your parent or legal guardian about what sites are appropriate for you. By using the Services, you
affirm that you are at least 13 years old or older and are fully able and competent to enter into these
authorized a minor to use the Services, you agree that you are fully responsible for the conduct of the
minor (including the consequences of any misuse of the Services by the minor), and for controlling his
or her access to the Services. You acknowledge that we have no obligation to monitor the Services or
any content accessible through the Services.
We may occasionally offer you the opportunity to enter into contests, games and prize drawings subject
to any further terms and conditions or contest rules. By entering into such contests and games, you
agree to be bound by such additional terms, conditions and rules. In the event of a conflict between
contest or games shall govern to the extent of the conflict.
information, and other materials or services on the Services. The Services may contain third party
advertisements or materials, and/or links to third party websites that are not owned or controlled by us.
We have no control over, and assume no responsibility for, the content, privacy policies or practices of
any third party websites. In addition, we do not and cannot censor or edit the content of any third party
website. When you visit third party websites, we encourage you to read the terms and conditions and
privacy policies of the other websites. By using our Services, you expressly release us from any and all
liability arising from your use of any third party website or as a result of any third party presence on
During your use of these Services, you may voluntarily submit personal information to us. We are
committed to ensuring responsible practices in the collection, use and disclosure of your personal
information in accordance with applicable law. BY SUBMITTING PERSONAL INFORMATION TO
US OR OUR SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE
AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES FOR WHICH
YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE
Your Access to the Services
your use of the Services is only for your personal, non-commercial purposes; (ii) you do not copy or
distribute any part of the Services in any medium without our prior written authorization; (iii) you do
not alter or modify any part of the Services other than as may occur during your proper use of the
User Conduct rules set out below.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any
part of the Services at any time for any reason without prior notice to you and without any liability to
you for doing so. We may change, suspend or discontinue all or any aspect of the Services at any time,
including the availability of any specific features or content, without prior notice and without liability
to you for doing so.
We do not permit copyright infringing activities or the infringement of intellectual property or
other proprietary rights (including privacy and publicity rights) in connection with the Services,
and we will remove all content and user submissions if properly notified that such materials
infringe on a person’s intellectual property right. You agree that you will not submit any material
that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless
you are the owner of such rights or have permission from their rightful owner to post the material and
and warrant that: (i) any materials you submit are wholly original to you, or to the extent they are not
wholly original to you that you own or have the necessary licenses, rights, consents, and permissions to
use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in
and to any and all of your submissions to enable inclusion and use of them in the manner contemplated
consent, release, and/or permission of each and every identifiable individual person in the submission
to use the name and/or likeness of each and every such identifiable individual person to enable
inclusion and use of the submissions in the manner contemplated by the Services and these Terms of
Use. We reserve the right to remove materials without prior notice and also to terminate your account
and/or access to the Services if we believe that repeated violations of this section have occurred.
Services and their interactive features is subject to your compliance with the following conduct
· You may not post, transmit, link to or otherwise distribute falsehoods or misrepresentations that
could damage us or any third party.
· You may not post, transmit, link to or otherwise distribute any material that is unlawful,
obscene, profane, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or
ethnically offensive, or encourages conduct that would be considered a criminal offence, give
rise to civil liability, violate any law, violate the legal rights of any person (including publicity
or privacy rights) or is otherwise inappropriate or would restrict or inhibit any other user from
using or enjoying the Services. You may not post, transmit, link to or otherwise distribute
material that exploits people under the age of 18 in a sexual or violent manner, solicits personal
information from anyone under the age of 18, provides information about illegal activities, such
as making or buying illegal weapons, violates someones privacy, or provides information
relating to the creation of computer viruses or other harmful or disruptive components. You also
agree not to post, transmit, link to or otherwise distribute in any way information, software or
other material that infringes the intellectual property rights of any party.
· You may not post advertisements or solicitations of any business or commercial activity,
including contests or sweepstakes. You may not submit any material that relates to or involves
the transmission of unsolicited mass mailing, "spamming", "junk mail" or "chain letters".
· You may not impersonate or falsely suggest your association with another person, or submit
materials in another persons name.
The Mobile Applications are made available to access the Services via a mobile device. We hereby
grant you a personal, non-exclusive, non-transferable, limited license to install such Mobile
Applications solely on the devices you will use to access the Services. You may not: (i) modify,
disassemble, edit, decompile, reverse engineer or copy any Mobile Application; (ii) rent, lease, loan,
resell, sublicense, distribute or otherwise transfer any Mobile Application to any third party or use any
Mobile Application to provide time sharing or similar services for any third party; (iii) remove,
circumvent, disable, damage or otherwise interfere with security-related features of any Mobile
Application, features that prevent or restrict use or copying of any content accessible through the
Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (iv)
delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge
that we may from time to time issue upgraded versions of the Mobile Applications, and may
automatically electronically upgrade the version of any Mobile Application that you are using on your
mobile device. You consent to such automatic upgrading on your mobile device, and agree that the
Mobile Application will be compatible with your mobile device. Any third-party code that may be
incorporated in any Mobile Application is covered by the applicable open source or third-party license
EULA, if any, authorizing use of such code. We or our third party partners or suppliers retain all right,
title, and interest in the Mobile Applications (and any copies thereof), and any intellectual property
rights therein. Standard carrier data charges may apply to your use of the Mobile Applications. Your
use of the software must comply with all laws and regulations.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS,
EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR SERVICES LINKED
TO THESE SERVICES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS
TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL WE OR OUR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND
LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES
WHATSOEVER OR FOR LOSS OF PROFITS (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF REVENUE, LOSS OF DATA, FAILURE TO REALIZE
EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY
OR ECONOMIC LOSS) AND WHETHER ARISING FROM BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING
OUT OF THE USE OF OR INABILITY TO USE THESE SERVICES OR ITS CONTENT, OR
ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED THROUGH THE SERVICES.
IN NO EVENT SHALL ANY Masterclass PARTY BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF ANY HYPERLINKED WEBSITE.
2. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
THE Masterclass PARTIES' COMBINED TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE
AGGREGATE TO $100.
3. You agree that any cause of action arising out of or related to the Services will be permanently
barred if it does not commence within one (1) year after the cause of action accrues.
You agree to indemnify, defend and hold harmless the Masterclass Parties from and against any and all
claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses)
arising from or related to: (i) any use or alleged use of these Services by any other person, whether or
representations and warranties herein; and (iii) your violation of any law or the rights of any
Masterclass Party or any third party arising out of your use of or inability to use the Services, the
contents, any hyperlinked website, and any of the products and services made available on the Services
thereof. We reserve the right to assume and delegate the exclusive defense and control of any claims,
demands and actions arising in connection with this indemnity and you agree to cooperate with our and
our designees' defence of these claims, demands and actions.
unenforceable by a court of competent jurisdiction, then the impugned provision shall be deemed
severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of
Use comprise the entire agreement between you and Masterclass, and supersede all prior agreements
extent of the conflict.
Myroad.co.ke, myroad mobile applications and the content contained therein is protected by copyright
laws and treaties.
Copyright © 2014 Masterclass Solutions Limited.