Terms and Conditions
These terms and conditions outline the rules and regulations for the use of FYN Radio’s Website.
By accessing our website we assume you accept these terms and conditions in full. Do not continue to use FYN Radio’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Kenya. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, FYN Radio and/or it’s licensors own the intellectual property rights for all material on FYN Radio. All intellectual property rights are reserved. You may view and/or print pages from https://www.fynradio.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://fynradio.com
- Sell, rent or sub-license material from https://fynradio.com
- Reproduce, duplicate or copy material from https://fynradio.com
- Redistribute content from FYN Radio (unless content is specifically made for redistribution).
Hyperlinking to our Content
- The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
- These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources such as Chambers of Commerce, AARP and Consumers Union;
- dot.com community sites;
- Associations or other groups representing charities, including charity giving sites,
- Online directory distributors;
- Internet portals;
- Accounting, law and consulting firms whose primary clients are businesses; and
- Educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 1-7 days for a response.
Approved organizations may hyperlink to our Web site as follows:
By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of FYN Radio’s logo or other artwork will be allowed for linking with absence of a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We do not accept registrations from anonymous email accounts. Orders from anonymous email accounts will be rejected and no refunds will be issued if payment has been made. We may ask for more information about you if you make an order and give incomplete details. If we are unable to verify legitimacy of a radio station or business, it will remain pending setup until it is done.
There are no refunds. It is the client’s sole responsibility to ensure all services and fees are understood before commencing with service. In cases of automatic renewal, it is the client’s responsibility to notify us 72-hours before the renewal date if you do not wish to renew. If your account is renewed and you choose to cancel, no refund will be provided for the amount of service remaining.
Orders made without providing a valid website/ social media page will not be processed and if payment has been made through PayPal, it will be refunded. Applicable PayPal fees applies as stated here.
Termination by you
Termination of service can be requested by ticket or email and will be effective on receipt of such notice. Upon termination, all outstanding invoices must be paid in full. FYN Radio reserves the right to cancel or deny service if the content is deemed inappropriate, offensive, or against any provincial or federal laws.
Termination or suspension by us
We may immediately terminate these Terms and/or Your Profile, suspend Your Profile and/or Your access to FYN Radio, and refuse future use at our discretion, if we form a reasonable belief that You are in breach of these Terms or threaten to breach any part of these Terms, or if:
- You do not provide information required for Your use of FYN Radio Service;
- You provide information that is false, inaccurate, misleading, incomplete or not current;
- You have engaged in any fraudulent behaviour or misconduct;
- Your Profile has been compromised; or
- we have reasonable grounds to suspect any of (1)–(4) above.
If we notify You of such termination:
- You must not access any other user Profile or register another Profile, or attempt to do so; and
- You must not use FYN Radio Service again.
FYN Radio has a zero-tolerance offence policy in the matter of racism, bullying, drugs, firearms, violence, and pornography. Any and all data sent to FYN Radio with such materials will be deleted without notice and your service will be terminated without notice. No refund will be granted in such cases.
We may suspend or terminate your Service or access to it, at our discretion, if we deem it necessary or prudent to do so:
- in order to preserve the integrity and security of FYN Radio Services, the data collected from it, or any of our or an Organisation’s equipment or systems;
- for legal reasons, including any change in the law;
- due to circumstances beyond our (or the Provider’s or any of our sub-contractors’) reasonable control, including disruption to network connections or equipment, loss of account, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or
- in order to perform support or maintenance of any infrastructure, systems or software used by us, the Provider or sub-contractors to provide FYN Radio Service.
We may suspend or terminate an element of our Service if our access to any element that is provided by a third-party provider is suspended or terminated.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
You agree to indemnify, and hold harmless, FYNH Radio from any and all claims resulting from the use of FYN Radio’s services that cause damage to you, your business, image, brand, or by a third party accessing your account.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.