Your relationship with Myriad Resources
Myriad Resources, P. O. Box 27579 - 00506, Nairobi, Kenya, Tel: +254 20 219 0473, a registered entity in the Republic of Kenya. Your use of Myriad's products, services and websites (referred to collectively as the "Services" in this document and excluding any services provided to you by Myriad Resources under a separate written agreement) is subject to the terms of a legal agreement between you and Myriad Resources.

This document (the "General Terms") forms part of an agreement between Myriad Resources and you. The General Terms, together with any legal notices applicable to the Services that can be read either within, or through your use of, that Service (the "Additional Terms"), form a legally binding agreement between you and Myriad Resources in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service.

Acceptance of Terms

In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
(a) signing the Indemnity where this option is made available to you by Myriad Resources in the user interface for any Service; or
(b) actually using the Services. In this case, you understand and agree that Myriad Resources will treat your use of the Services as acceptance of the Terms from that point onwards.
(c) Myriad will also hold that
Before you continue, you should print off or save a local copy of the General Terms for your records.

Provision of the Services by Myriad Resources

You acknowledge and agree that the form and nature of the Services which Myriad Resources provides may change from time to time without prior notice to you, and that Myriad Resources may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Myriad Resources's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Myriad Resources when you stop using the Services.

Use of the Services by you

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Myriad Resources will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by:
(a) the Terms; and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to:
(a) access (or attempt to access) any of the Services by any means other than through the interface that is provided by Myriad Resources, unless you have been specifically allowed to do so in a separate agreement with Myriad Resources;
(b) engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services); and
(c) unless you have been specifically permitted to do so in a separate agreement with Myriad Resources, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that Myriad Resources has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Myriad Resources may suffer) of any such breach.

Myriad Resources's Privacy Policy

For information about Myriad Resources's data protection practices, please read Myriad Resources's privacy policy . This policy explains how Myriad Resources treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Myriad Resources's privacy policies.

Content in the Services

You understand that all information (including data files, written text, computer software, photographs or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content". You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Myriad Resources (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Myriad Resources or by the owners of that Content, in a separate agreement. Myriad Resources reserves the right (but shall have no obligation) to review, modify, refuse or remove any or all Content from any Service. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. You agree that you are solely responsible for (and that Myriad Resources has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Myriad Resources may suffer) by doing so.

Indemnity

Proprietary rights

You acknowledge and agree that Myriad Resources (or Myriad Resources's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Myriad Resources and that you shall not disclose such information without Myriad Resources's prior written consent. Unless you have agreed otherwise in writing with Myriad Resources, nothing in the Terms gives you a right to use any of Myriad Resources's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Myriad Resources acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Myriad Resources, you agree that you are responsible for protecting and enforcing those rights and that Myriad Resources has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorised to do so in writing by Myriad Resources, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

Software updates

The Software used to deliver our services may be updated from time to time by Myriad Resources. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You acknowledge that Myriad Resources shall have no obligation to notify you in respect of such updates or to deliver these to you.

Ending your relationship with Myriad Resources

The Terms will continue to apply until terminated by either you or Myriad Resources as set out below. If you want to terminate your legal agreement with Myriad Resources, you may do so by: (a) notifying Myriad Resources at any time; and (b) closing your accounts for all of the Services which you use, where Myriad Resources has made this option available to you. Your notice should be sent, in writing, to Myriad Resources's address which is set out at the beginning of these Terms. Myriad Resources may at any time, terminate its legal agreement with you if: (a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); (b) Myriad Resources is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the partner with whom Myriad Resources offered the Services to you has terminated its relationship with Myriad Resources or ceased to offer the Services to you; (d) Myriad Resources is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; and/or (e) the provision of the Services to you by Myriad Resources is, in Myriad Resources's opinion, no longer commercially viable. Nothing in this Section shall affect Myriad Resources's rights regarding provision of Services under section 3 of these Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Myriad Resources have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of section 17 shall continue to apply to such rights, obligations and liabilities indefinitely.

Exclusion of Warranties

The Services are provided "as is" and Myriad Resources, its subsidiaries and affiliated legal entities ("Subsidiaries and Affiliates") and licensors give you no warranty with respect to them. In particular, Myriad Resources, its Subsidiaries and Affiliates and licensors do not represent or warrant to you that: (a) your use of the Services will meet your requirements; (b) your use of the Services will be uninterrupted, timely, secure or free from error; (c) any information obtained by you as a result of your use of the Services will be accurate or reliable; and/or (d) that defects in the operation or functionality of any Software provided to you as part of the Services will be corrected. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms. Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

Limitation of Liability

Nothing in these Terms shall exclude or limit Myriad Resources's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to the above, Myriad Resources, its Subsidiaries and Affiliates and its licensors shall not be liable to you for: (a) any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; (b) any loss or damage which may be incurred by you as a result of: a. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services; b. any changes which Myriad Resources may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); c. the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; d. your failure to provide Myriad Resources with accurate account information; and/or e. your failure to keep your password or account details secure and confidential. The limitations on Myriad Resources's liability to you as set out above shall apply whether or not Myriad Resources has been advised of or should have been aware of the possibility of any such losses arising.

Advertisements

Some of the Services may display advertisements and promotions. The manner, mode and extent of advertising by Myriad Resources on the Services are subject to change without specific notice to you. In consideration for Myriad Resources granting you access to and use of the Services, you agree that Myriad Resources may place such advertising on the Services.

Other content

The Services may include hyperlinks to other web sites or content or resources. Myriad Resources may have no control over any web sites or resources which are provided by companies or persons other than Myriad Resources. You acknowledge and agree that Myriad Resources is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that Myriad Resources is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Changes to the Terms

Myriad Resources may make changes to the General Terms or Additional Terms from time to time. When these changes are made, Myriad Resources will make a new copy of the General Terms available on Myriad Resources's websites and any new Additional Terms will be made available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, Myriad Resources will treat your use as acceptance of the updated General Terms or Additional Terms.

General legal terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and Myriad Resources and govern your use of the Services (but excluding any services which Myriad Resources may provide to you under a separate written agreement), and completely replace any prior agreements between you and Myriad Resources in relation to the Services. You agree that Myriad Resources may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if Myriad Resources does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Myriad Resources has the benefit of under any applicable law), this will not be taken to be a formal waiver of Myriad Resources's rights and that those rights or remedies will still be available to Myriad Resources. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that Subsidiaries and Affiliates of Myriad Resources shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with Myriad Resources under the Terms, shall be governed by Roman-Dutch law. You and Myriad Resources agree to submit to the exclusive jurisdiction of the courts of Kenya to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Myriad Resources shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction