Terms of Use

Date of Last Revision: January 01, 2025

These Terms of Use ("Terms") govern your access to and use of the websites and online platforms (collectively, the "Services") provided by the Restoration Alliance Party ("RAP," "we," or "us"). By using our Services, you agree to comply with and be bound by these Terms, which are consistent with the Constitution of Kenya (2010), the Political Parties Act (2011), the Elections Act (2011), the Data Protection Act (2019), and the RAP Constitution and internal rules.

If you do not agree to these Terms, please do not use the Services.

We may amend these Terms from time to time. Changes will be communicated by updating the "Last Revised" date, and your continued use of the Services constitutes acceptance of those changes. For questions, contact us at info@rap.or.ke.

1. PRIVACY AND DATA PROTECTION

Your personal information is processed in accordance with Kenya's Data Protection Act, 2019. By using our Services, you consent to the collection, storage, processing, and lawful sharing of your data strictly for legitimate RAP purposes, such as communication, party activities, and electoral compliance. For more, refer to our Privacy Policy.

2. COMMUNICATION CONSENT

By subscribing to our SMS or email updates, you consent to receive automated communications. Standard messaging and data rates may apply. You can opt out at any time by replying STOP or contact info@rap.or.ke for assistance.

3. LICENSE AND USE OF SERVICES

RAP grants you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes. Any other use without express written consent is prohibited. All content is protected under Kenyan and international intellectual property laws.

4. TRADEMARKS

All RAP trademarks, service marks, names, and slogans (e.g., "Restoration Alliance Party", "RAP") are our intellectual property. Use without prior written consent is strictly prohibited.

5. USER FEEDBACK

You may voluntarily share feedback or suggestions with RAP. We may use this feedback without obligation or compensation, and you agree it does not create any proprietary or confidential relationship.

6. THIRD-PARTY CONTENT

We may display or link to content from third parties. RAP does not endorse or guarantee such content. You engage with it at your own risk.

7. PROHIBITED CONDUCT

While using our Services, you agree not to:

• Violate any Kenyan or international laws, including but not limited to the Political Parties Act and Data Protection Act.
• Misrepresent your identity or affiliation with RAP.
• Interfere with the proper working of the Services.
• Use scraping tools or automated bots without authorization.
• Upload or distribute malicious code or spam.
• Engage in discriminatory, defamatory, or harmful conduct.

8. INDEMNIFICATION

You agree to indemnify and hold harmless RAP and its officials, employees, and agents from any claims or liabilities arising from your use of the Services, breach of these Terms, or violation of any rights or law.

9. DISCLAIMER

All Services are provided "as is." RAP does not guarantee uninterrupted access, accuracy, or virus-free use. You assume all risks related to your use of the Services.

10. LIMITATION OF LIABILITY

To the extent permitted by law, RAP shall not be liable for indirect, incidental, or consequential damages resulting from your use of the Services. Total liability, if any, shall not exceed the amount paid by you (if any) to use the Services.

11. DATA TRANSFER & PROCESSING

By using our Services, you consent to the transfer and lawful processing of your data within Kenya and, where applicable, outside Kenya under appropriate safeguards in line with the Data Protection Act.

12. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms are governed by the laws of the Republic of Kenya. Disputes shall be resolved through arbitration in accordance with the Arbitration Act, 1995, conducted in Nairobi by a single arbitrator appointed by mutual consent or by the Chartered Institute of Arbitrators (Kenya Branch).

13. SERVICE MODIFICATION OR TERMINATION

RAP may modify or discontinue Services at any time without liability. We are not responsible for any data loss or service unavailability.

14. SEVERABILITY

If any provision is deemed unenforceable, it shall not affect the remaining provisions of these Terms.

15. MISCELLANEOUS

Failure to enforce any part of these Terms shall not be deemed a waiver. These Terms do not create any third-party beneficiary rights. Communications may be conducted electronically.