usanii.ke is a Website (the “Site”) owned and operated by Goril Company Limited, a Private Limited Company registered in the Republic of Kenya under company number PVT-7LU5RD9Z and of Post Office Box Number 76901-00620 Mobil Plaza, Nairobi.
The Terms apply to any person or entity that accesses or uses our Services in any way, whether or not they create an account (user).
These Terms constitute a binding and enforceable legal contract between Goril Africa Limited (“we” or “our” or “us”) and you (“you” or “your”).
If you do not agree with any part of these Terms, or if you are not eligible or authorized, do not access or use our Services.
By accessing or using our Services in any way, you agree to be bound by these Terms.
We reserve to make changes to these Terms or to any of our supplemental terms at any time and for any reason.
You will be alerted of changes to these Terms by updating the “Last Updated” date of these Terms. Any modifications will be effective immediately upon posting the updated Terms on the Site, and you waive the right to receive specific notice of each such change.
You will be deemed to have been aware of and accepted the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
Every time you wish to use our Site, please revisit our Terms to ensure that you understand the Terms that apply at that time.
These terms were last updated on 18th May, 2021.
usanii.ke is an online platform that allows Artists to connect with and receive financial support from their Supporters.
We shall grant to an Artist a limited, revocable, non-assignable, non-exclusive license to access and use the Services as we provide them.
An Artist is defined as someone who registers a Page on usanii.ke to engage with their Supporters by creating an Artist profile, displaying their artwork and sharing a link to their usanii.ke Page with their Supporters with an aim of receiving revenue from them.
A Supporter is defined as any person or entity accessing and viewing an Artist's artwork on an Artist's Page on usanii.ke and who makes payments and donations to the Artist through our platform.
An Artist shall customize their Page with their images, text or videos.
The contractual relationship entered into for any transaction relating to any artwork shall be directly between the Artist and the Supporter. The Artist is responsible for supplying their Supporters with its own terms and conditions relating to any such artwork.
We shall not be a party to any agreements, discussions, demands, disputes or otherwise in relation to transactions involving artwork.
The license is personal to the Artist and they may not transfer it to anyone else.
Reference to “us”, “we” and “our” shall mean Goril Africa Limited as well as its subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.
An Artist shall be required to create an Account with us on the Platform by providing certain information about themselves as prompted by the registration form, to be able to launch their Page and use our Service.
We have the right to check and remove any content or post you publish on our Site if, in our opinion, it is reasonably necessary to protect our business.
We cannot make any guarantees about any particular Artist's profile, artwork, or related content, regarding its accuracy, reliability, description, authenticity, legality, or otherwise
We reserve the right to determine or change the position or order in which any or all artist profiles, artwork, or related content may appear on the Site, and what search, filtering, or sorting features may be available to any or all users, at any time at our sole discretion.
We also reserve the right to block, remove, or refuse to display any artist profile, artwork, or related content, without notice or liability, at any time at our sole discretion, including if we believe that a user is not complying with these Terms.
We reserve the right to suspend or terminate your account, or your access to the Service, with or without notice to you, in the event that you breach these Terms or at our discretion.
We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
We shall facilitate payments directly between the users of our platform through third party payment providers who shall be responsible for collecting and storing all financial information.
Our payment processor shall be M-Pesa.
usanii.ke is not a payment processor.
Our payment processor shall collect and store all financial data and shall only share the following financial data with us: the name of the supporter, their phone number and the amount sent. The data shall only be to calculate our commissions and to notify the Artist of the payment transaction.
By using our Services, you are agreeing to be bound by the terms of any third party payment provider associated with the Platform. Please read the privacy policies of the payment providers before creating an account with us or making a payment. The payment providers will be responsible for all matters relating to payment.
Kindly also contact them directly for responses to your questions.
We reserve the right to change the rates of our commissions for payment transactions in the future.
It is your responsibility to determine what, if any, taxes apply to any kind of financial support you receive from your Supporters.
The Services we offer may include links or features that enable you to access or use other websites, applications, products, or services owned or operated by third parties (Third-Party Applications).
Similarly, Third-Party Applications may include links or features that enable you to access or use the Services.
However, any such links or features are provided for convenience only. We don't endorse or guarantee any Third-Party Applications or any information, materials, goods, or services on or available from any Third-Party Applications.
Accordingly, if you access, use, or rely on any Third-Party Applications or any such information, materials, goods, or services, you do so solely at your own risk. You agree that we are not responsible for:
You agree to indemnify and hold us and our successors, subsidiaries, affiliates, related companies, our suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and Advocates' fees, made by any third party due to or arising out of:
We aim to keep the Services up and running and to provide a good experience to our users, but we cannot and do not make any specific guarantees.
When you use the services, you do so solely at your own risk.
To the full extent permitted by law, the services and all content are provided by us on an “as is” and “as available” basis, without any warranties of any kind (whether express or implied), including any warranties of non-infringement, fitness for a particular purpose, accuracy, availability, reliability, completeness, timeliness, or appropriateness, any warranties that the services or any content will be secure or free of errors, disruptions, viruses, or other harmful components, any warranties that any defects in the services will be corrected, any warranties that using the services in any way will lead to any specific results
To the full extent permitted by law, under no circumstances will we be liable for any damages or losses of any kind, including any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, any personal or bodily injury or emotional distress, or any loss of profits, revenue, business, data, use, reputation, goodwill, or other intangible losses, that arise out of or relate to:
We may also update and make modifications to our Site from time to time to reflect different features, different user needs as well as changes in the law and regulatory requirements.
Regardless of any license or permission that we may give you to use the Services in these Terms, we expressly reserve the right to take any or all of the following actions, with or without notice, at any time at our sole discretion, to change, add to, limit, suspend, discontinue, or terminate any or all of the Services in whole or part.
We will not be liable for any changes that we make to the Services, these Terms, or any Additional Terms.
If you don't accept any such changes, your exclusive remedy will be to cease from using the Services subject to these Terms.
As a platform focused on artwork and artists, we expect our users to respect the intellectual property of others when they are using the Services.
We reserve the right to remove or disable access to any content on the Services claimed to be infringing, at any time at our sole discretion, without notice or liability.
We may also terminate the accounts of infringers.
Any and all claims, causes of action, or disputes you have with us that arise out of or relate to these Terms or the Services, including any disputes as to the interpretation or enforceability of this agreement must be resolved by final and binding arbitration.
If the above agreement to arbitrate is found not to apply to any Claim under any circumstances such Claim must be resolved exclusively by the Courts of Kenya. You waive any objection as to inconvenient forum and agree to submit to the jurisdiction of the courts located in the Republic of Kenya for the purpose of litigating such Claim.
Regardless of the above agreement to arbitrate or any other statement made in these Terms or elsewhere (whether orally, in writing, on the Services, or otherwise), we expressly reserve the right to seek injunctive or other equitable relief in court in any jurisdiction, to protect our intellectual property, to prevent harm to the Services, or for any other purpose.
If you have any questions or comments regarding these Terms, please contact us at: