Welcome to Black Shepherd!

These Terms of Service (“Terms”) govern your access to and use of the Black Shepherd website located at blackshepherd.co.ke (the “Website”) and the services offered by Black Shepherd (collectively, the “Service”).

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access or use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“you” or “User”) and Black Shepherd (“Black Shepherd”, “us”, “we”, or “our”). Your access to and use of the Service is subject to these Terms and our Privacy Policy, which is incorporated herein by reference. You acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions.

2. Changes to Terms

Black Shepherd reserves the right to update or modify these Terms at any time without prior notice. We will post any changes on the Website. It is your responsibility to check these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

3. User Accounts

You may be required to create an account (“Account”) to access certain features of the Service. You are responsible for maintaining the confidentiality of your Account information, including your username and password. You are also responsible for all activities that occur under your Account. You agree to notify Black Shepherd immediately of any unauthorized use of your Account or any other security breach. Black Shepherd reserves the right to terminate your Account or access to the Service for any reason, without notice.

4. Use of the Service

You agree to use the Service in a manner consistent with all applicable laws and regulations. You agree not to use the Service for any unlawful purpose or in a way that could damage, disable, overburden, or impair the Service.

5. User Content

You may be permitted to submit content (text, images, videos, etc.) to the Service (“User Content”). You retain all ownership rights to your User Content. However, by submitting User Content to the Service, you grant Black Shepherd a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute your User Content in connection with the Service.

6. Intellectual Property

The Service and all content and materials included on the Website, including but not limited to text, graphics, logos, icons, images, videos, audio clips, software, and other intellectual property (“Intellectual Property”) are owned by Black Shepherd or its licensors. Except as expressly authorized by these Terms, you may not use, reproduce, modify, distribute, transmit, publish, create derivative works from, or commercially exploit any Intellectual Property without the prior written consent of Black Shepherd.

7. Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BLACK SHEPHERD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. BLACK SHEPHERD DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

8. Limitation of Liability

BLACK SHEPHERD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF BLACK SHEPHERD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Termination

Black Shepherd may terminate your access to the Service at any time, for any reason, without notice. You may also terminate your access to the Service at any time.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws provisions.

11. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved by arbitration in accordance with the Arbitration Act (Cap 14 of the Laws of Kenya). The arbitration shall be held in Nairobi, Kenya. The decision of the arbitrator shall be final and binding on the parties.

12. Entire Agreement

These Terms constitute the entire agreement between you and Black Shepherd regarding your use of the Service.

13. Contact Us

If you have any questions about these Terms, please contact us at info@blackshepherd.co.ke.