Introduction
Last Updated: April 13, 2025
Welcome to InvestKeen. These Terms of Use govern your use of the InvestKeen website located at www.investkeen.com (the "Website") and all related services, features, content, and applications offered by InvestKeen (collectively, the "Services").
These Terms of Use constitute a legally binding agreement between you and InvestKeen. Please read these Terms carefully before using the Website or Services.
Acceptance of Terms
By accessing or using the Website or Services, you agree to be bound by these Terms of Use, our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you must not access or use the Website or Services.
You represent and warrant that you are of legal age to form a binding contract with InvestKeen and meet all eligibility requirements in these Terms. If you are accessing or using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.
Changes to Terms
We reserve the right to modify these Terms of Use at any time. We will provide notice of any material changes by posting the updated Terms on the Website and updating the "Last Updated" date. Your continued use of the Website or Services after such changes constitutes your acceptance of the revised Terms.
It is your responsibility to review these Terms periodically for changes. If you do not agree to the modified terms, you should discontinue your use of the Website and Services.
Access and Use of the Services
Subject to your compliance with these Terms, InvestKeen grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Website and Services for your personal or internal business purposes.
Restrictions
You agree not to:
- Use the Website or Services in any way that violates any applicable law or regulation
- Use the Website or Services for any illegal or unauthorized purpose
- Interfere with or disrupt the operation of the Website or Services
- Attempt to gain unauthorized access to any portion of the Website or Services
- Copy, modify, distribute, sell, or lease any part of the Website or Services
- Reverse engineer or attempt to extract the source code of the Website or Services
- Remove any copyright, trademark, or other proprietary notices
- Use any robot, spider, crawler, scraper, or other automated means to access the Website or Services
Service Modifications
InvestKeen reserves the right to modify, suspend, or discontinue the Website or Services, or any part thereof, at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Account Registration
Some features of the Website or Services may require you to register for an account. When you register, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:
- Immediately notify InvestKeen of any unauthorized use of your account or any other breach of security
- Ensure that you exit from your account at the end of each session
- Not share your account credentials with any third party
InvestKeen will not be liable for any loss or damage arising from your failure to comply with these requirements.
Intellectual Property Rights
The Website and Services, including all content, features, and functionality thereof, are owned by InvestKeen, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks
The InvestKeen name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of InvestKeen or its affiliates. You may not use such marks without the prior written permission of InvestKeen.
License to Use Content
Subject to your compliance with these Terms, InvestKeen grants you a limited, non-exclusive, non-transferable license to access and view the content on the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
User Content
The Website or Services may allow you to submit, post, upload, or otherwise make available content, including but not limited to text, photographs, videos, and other materials ("User Content").
License to User Content
By submitting User Content, you grant InvestKeen a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.
Representations and Warranties
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license above
- The User Content does not violate the privacy rights, publicity rights, copyright, contractual rights, or any other rights of any person or entity
- The User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
Monitoring and Enforcement
InvestKeen has the right, but not the obligation, to monitor and edit or remove any User Content. InvestKeen takes no responsibility and assumes no liability for any User Content posted by you or any third party.
Prohibited Activities
In addition to the restrictions set forth elsewhere in these Terms, you agree not to engage in any of the following prohibited activities:
- Using the Website or Services for any illegal purpose or in violation of any local, state, national, or international law
- Harassing, threatening, intimidating, or causing distress or discomfort to any other user of the Website or Services
- Impersonating InvestKeen, its employees, or other users, or providing false information
- Engaging in any activity that interferes with or disrupts the Website or Services
- Attempting to circumvent any security measures implemented by InvestKeen
- Using the Website or Services to send unsolicited communications, promotions, or advertisements
- Collecting or harvesting any personally identifiable information from the Website or Services
- Using the Website or Services for any commercial solicitation purposes without prior written consent from InvestKeen
Disclaimers
THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. INVESTKEEN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
INVESTKEEN DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE WEBSITE AND SERVICES AT YOUR OWN RISK.
Investment Disclaimer
THE INFORMATION PROVIDED ON THE WEBSITE AND THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE OR A RECOMMENDATION TO BUY OR SELL ANY SECURITY OR INVESTMENT PRODUCT. INVESTKEEN IS NOT A REGISTERED INVESTMENT ADVISOR OR BROKER-DEALER.
INVESTMENTS IN REAL ESTATE INVOLVE SUBSTANTIAL RISK, INCLUDING POTENTIAL LOSS OF PRINCIPAL. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. INVESTORS SHOULD CONDUCT THEIR OWN DUE DILIGENCE AND CONSULT WITH FINANCIAL AND LEGAL ADVISORS BEFORE MAKING ANY INVESTMENT DECISIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INVESTKEEN, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES
- ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
IN NO EVENT SHALL INVESTKEEN'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE WEBSITE OR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
Indemnification
You agree to defend, indemnify, and hold harmless InvestKeen, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms of Use
- Your User Content
- Your use of the Website or Services
- Your violation of any rights of another
Termination
InvestKeen may terminate or suspend your access to all or part of the Website or Services, without notice, for any conduct that InvestKeen, in its sole discretion, believes violates these Terms of Use or is harmful to other users of the Website or Services, or third parties, or for any other reason.
Upon termination, your right to use the Website and Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Governing Law
These Terms of Use and your use of the Website and Services shall be governed by and construed in accordance with the laws of Kenya, without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution
Any legal action or proceeding arising out of or relating to these Terms of Use or your use of the Website or Services shall be instituted exclusively in the courts of Kenya, and you consent to the jurisdiction of such courts.
Arbitration
At InvestKeen's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, the Website, or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the Nairobi Centre for International Arbitration.
