Terms and Conditions

Terms and conditions of use

 

Lemaiyan Suites a limited liability company incorporated in Kenya treasures your visit to our site. Our site www.lemaiyansuites.com is accessible by visitors all over the world and hosted in Kenya and it is thus subject to the Laws of Kenya.

By using or accessing the website, you agree to the “terms and conditions of use” and our privacy policy. The hotel reserves the right to alter the terms of use and privacy policy without prior notice. By using, viewing or utilizing the site, contents or functions offered by the site or the contents of the site in any way, you agree to each and all of the terms, conditions and notices set forth below.

Use of Information

 

The content, data, documents, information and other materials (collectively as “Lemaiyan Information”) contained in this site is the property of Lemaiyan Suites and is exclusively for non-commercial, individual use by prospective and confirmed hotel guests. A prior express written consent is required for the use of Lemaiyan Information.

Eligibility

 

The services of this site are available to persons who are at least 18 years of age and can form legally binding contracts under law. The services of this site are not intended for and should not be used by minors.

You warrant that you are legally authorized to make travel reservations and/or purchases for either yourself or other person for whom you are authorized to transact. The site shall not be used to make speculative, false or fraudulent reservation in demand anticipation. LEMAIYAN SUITES reserves the right to cancel or modify a reservation if it appears that a customer engaged in fraudulent or inappropriate activity.

Intellectual Property rights.

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by LEMAIYAN SUITES or licensed to LEMAIYAN SUITES, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Kenya, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in the Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

User registration

 

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

User representations.

 

By using the Site, you represent and warrant that:

 

  • all registration information you submit will be true, accurate, current and complete;

 

  • you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • you have the legal capacity and you agree to comply with these Terms of Use;

 

  • you are not under the age of 18;
  • you are not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site];
  • you will not access the Site through automated or non-human means, whether through a

bot, script or otherwise;

  • you will not use the Site for any illegal or unauthorized purpose;

 

  • your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

 

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to;

 

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission

from LEMAIYAN SUITES.

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited

email, or creating user accounts by automated means or under false pretenses.

  • Use a buying agent or purchasing agent to make purchases or reservations on the Site. o Use the Site to advertise or offer to sell goods and services.
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce

limitations on the use of the Site and/or the Content contained therein.

  • Engage in unauthorized framing of or linking to the Site.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive

account information such as user passwords; o Make improper use of our support services or submit false reports of abuse or misconduct.

  • Engage in any automated use of the system, such as using scripts to send comments or

messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services

connected to the Site.

  • Attempt to impersonate another user or person or use the username of another user. o Sell or otherwise transfer your profile.
  • Use any information obtained from the Site in order to harass, abuse, or harm another

person.

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the

Content for any revenue-generating endeavor or commercial enterprise. o Decipher, decompile, disassemble or reverse engineer any of the software comprising or

in any way making up a part of the Site.

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the

Site, or any portion of the Site.

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in

providing any portion of the Site to you.

  • Delete the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,

JavaScript, or other code.

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,

operation, or maintenance of the Site.

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or

launching any unauthorized script or other software.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.

 

Links

 

This site contains links to other websites on the internet that are hosted by third parties solely for information purposes only. The addition of these links on the site in no way indicates patronage, support or approval of the content, products, materials, services or policies available on these sites. Your decision to use these sites is purely at your own risk and as such, you should carefully read and understand the privacy policy, terms and conditions and any such related policies of these sites before using them. Lemaiyan Suites is not responsible for the content of such sites and makes no warranty on the content, materials, products and services of such sites.

Third Party Suppliers

 

Lemaiyan Suites may make use of third party suppliers related to our site to fulfill reservations. You affirm and agree that these suppliers are independent contractors and not employees or agents of Lemaiyan Suites. You agree that Lemaiyan Suites is not liable for any breach, errors, omissions, representation or negligence of any third party supplier or any loss or expense that may arise from the use of the third party suppliers.

Personal and Credit Card Information

 

Personal and credit card information may be collected in the course of making a reservation. You agree that neither Lemaiyan Suites nor the Third Party Supplier is liable for any loss or damage to your computer, or use of credit card information related to or arising from the use of this site or any linked sites. Lemaiyan Suites makes no warranty regarding confidentiality of information or communication transmitted on this site or linked sites.

Purchases and payment

 

We accept the following forms of payment: mobile money, bank transfer, credit and debit card. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of reservations and purchases as deemed required by us. We may change prices at stipulated timelines. All payments shall be in Kenyan shillings.

You agree to pay all charges at the prices then in effect for your reservations and purchases and any applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any reservation or order placed through the Site. We may, in our sole discretion, limit or cancel reservations and orders. These restrictions may include reservations and orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit reservations and orders that, in our sole judgment, appear to be placed by

dealers, resellers, or distributors.

Disclaimer and Warranty

 

All the “Hotel Information” is provided in the site “As Is” without warranty of any kind either expressed or implied, statutory or otherwise including but not limited to warranties of merchantability, non-infringement of intellectual property and fitness for a particular cause.

Lemaiyan Suites makes no warranty that the site and/or Lemaiyan Information, links or other information will be accurate, complete or error free. You are solely responsible to ensure that you have appropriate scanning and protective software that will ensure the security of your information, devices and programs.

Indemnification

 

You agree to indemnify, defend and hold harmless Lemaiyan Suites, its directors, officers, employees and subsidiaries from any and all third-party claims, actions, losses, damages up to and including death, theft, costs and expenses, including reasonable attorneys’ fees, arising from your breach of the terms and conditions.

Limitation of Liability

 

By accepting to use our Site and Materials, you assume all the risks of loss that may arise from or are associated with such use. Lemaiyan Suites will not be liable for any loss or injury or damages, direct or indirect, consequential or otherwise that may arise from the use of the site and Lemaiyan Information or the performance or non-performance of the site or materials or third party providers of products or services related to the site.

Arbitration

 

All disputes or differences that may arise regarding the Terms of Use or Hotel Information or the interpretation of the terms hereof, shall be referred to and determined by a sole arbitrator to be appointed by agreement between the Parties.

In the event that the Parties cannot agree upon a single arbitrator, then the same shall be appointed by the Chairman of the Chartered Institute of Arbitrators (Kenya Chapter) and the Arbitration conducted in accordance with the provisions of the Arbitration Act (Act No. 4 of 1995).

Applicable Law

Terms of Use and your use of the Site are governed by and construed in accordance with the Kenyan law applicable to agreements made and to be entirely performed within the Country,

without regard to its conflict of law principles.

Miscellaneous

 

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to

the Site constitute the entire agreement and understanding between you and LEMAIYAN SUITES. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

KM Advocates

  • +254 704 303 341
  • +254 708 396 995

[email protected]