GENERAL CONDITIONS OF USE OF THE WEBSITE
General conditions of the use of the www.ferrisair.co.ke website.
The general conditions hereafter regulate the use of the Ferris Air website in the domain www.ferrisair.co.ke The use of the website presupposes and implies full and unreserved acceptance by the User of all the General Conditions of Use of the Ferris Air website that are valid at each time the User enters the site. The User should read these carefully and if he/she is not in agreement with any of the conditions established herein, he/she should not use this website.
1. INDUSTRIAL AND INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the rights of industrial and intellectual property of the contents and/or any other elements inserted into the website (including, albeit of a merely informative nature, brands, logos, commercial names, texts, images, graphics, designs, data bases, software, flow charts, presentations, animations), belong to Ferris Air. In no case does access to the website imply any type of renunciation, transmission, license or surrender, neither totally nor partially, of these rights, unless the opposite has been expressly established. These General Conditions of Use of the website do not give the Users any rights of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its contents apart from those that are expressly stipulated herein. Any other use or exploitation of any rights will be subject to previous and express authorization given by Ferris Air specifically to that effect.
Ferris Air authorizes Users to utilize, display, print, download and save the contents and/or other elements inserted on the website exclusively for their own personal, private and non-profitable use. The origin and/or author of these contents or elements must always be indicated and also, should it be the case, the copyright symbol and industrial property annotations that show Ferris Air to be the owner must appear. It is completely prohibited to use these elements or any reproduction, communication and/or distribution of them for any commercial or profitable purposes, as well as any modification, alteration or decompiling of same. It will be necessary to obtain prior agreement in writing from the owner of the rights in question for any uses other than those that are expressly permitted.
2. CONDITIONS OF ACCESS TO AND USE OF THE WEBSITE
2.1. Access and use: The User acknowledges and accepts that the access to and use of the website and the contents therein is a conscious decision under his/her own responsibility. Ferris Air may establish limitations and additional conditions for the use of and/or access to the website and its contents that the User must respect.
2.2. Authorized use of the website: The User agrees to make adequate and lawful use of the website and its contents, respecting the legislation in force and applicable at the time. He/she will also respect these General Conditions and generally accepted morality and respectability, and public order. The User will refrain from (i) making unauthorized or fraudulent use of the Ferris Air website and/or its contents; (ii) accessing or trying to access restricted resources or areas without having fulfilled the requisites established for that access; (iii) using the Ferris Air website and its contents for unlawful or illegal ends or for any purposes that are contrary to what is established in these General Conditions or to good faith, customs or public order, in any way harmful to the rights and interests of third parties or that could damage in any way or hinder or prevent the normal use or enjoyment of the Ferris Air website and its contents;(iv) causing damage to the physical or logical systems of Ferris Air or third parties; (v) introducing or spreading computer viruses through the net or in any other physical or logical systems, liable to cause damage in the physical or logical systems of Ferris Air or third parties; (vi) trying to access, use or manipulate Ferris Air or third party data; (vii) reproducing, copying, distributing, permitting public access by any means of public communication, transforming or modifying the contents of Ferris Air websites, unless authorization for the corresponding rights has been given by the owner or it is legally permitted; (viii) suppressing, hiding or manipulating annotations on the industrial or intellectual property rights of Ferris Air or third parties, incorporated into the contents, as well as safety measures and technical elements or other information mechanisms that may have been inserted into the contents; (ix) obtaining or trying to obtain the contents by use of means or procedures other than those indicated or that have been displayed on the webpage where these contents have been published or, in general, other than those normally used on the Internet.
2.3. Introducing links : Those Users who wish to set up a connection, hyperlink or link between their website and the Ferris Air website must obtain prior authorization from Ferris Air and must comply with the following obligations in all cases : (i) the link will only provide access to the website but may not reproduce it in any way: (ii) no links or connections to webpage different from the main one or homepage may be established; (iii) No frame or border environment may be created on the website; (iv) no inaccurate nor false statements may be made on the website; (v) it may not be implied that Ferris Air has supervised the contents or services offered or announced on the website from which the link is established ; (vi) the website from which the link is established may not contain any brand, commercial name, denomination, logo nor any other distinctive sign that belongs to Ferris Air without the latter’s authorization ; (vii) the website from which the link is established may not contain illicit contents nor any contents that are against the law, morality, good behavior or public order or are harmful to the rights of third parties. The establishment of a link does not mean, in any way, that any relationship exists between Ferris Air and the owner of the website from which the link has been set up, nor the awareness nor approval by Ferris Air of the contents published on the website in question and therefore Ferris Air will accept no responsibility for any consequences that may be derived.
3. EXCLUSION OF GUARANTEES AND RESPONSIBILITIES
3.1. Due to the functioning of the Website: Ferris Air does not guarantee the availability or the continuity of the functioning of the Website or of those other websites with which a link has been set up. Likewise, Ferris Air will not be responsible for any damage and prejudicial consequences that may be derived from (i) the lack of access or availability of the Website or those other websites with which a link has been set up; (ii) the interruption of the functioning of the Website or computing failures, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overload in the phone lines, in the Internet system or other electronic systems produced while these are functioning ; (iii) the fact that the Website may not be ideal for the specific needs of the Users and (iv) other damages that may be caused by third parties through unauthorized interference, outside Ferris Air’s control.
Ferris Air uses virus detection programs to control the contents that are introduced into the website. Nevertheless, Ferris Air does not guarantee the absence of viruses nor other elements introduced into its website by third parties outside Ferris Air’s control, which may produce alterations in the physical or logical systems of the Users or in documents or files saved in their systems. Ferris Air will therefore not be responsible for any damages or prejudicial consequences of any kind that may be derived from the presence of viruses or other elements that may cause alterations in these elements.
Ferris Air uses means of protection to safeguard its website and its contents against attacks from third parties. However, Ferris Air does not guarantee that unauthorized third parties may not have access to the use that the Users make of the website or the conditions, characteristics and circumstances in which the afore-mentioned use may be made. Therefore, Ferris Air will not be responsible for any damages or prejudicial consequences that may derive from this unauthorized access.
3.2. Due to the use of the Website: Ferris Air will not be responsible for the Use that the Users or third parties may make of the website or its contents and therefore, will not be responsible for any damages or prejudicial consequences that may derive from this.
3.3. Due to the contents : Ferris Air does not guarantee nor take any responsibility for the lawfulness, trustworthiness, utilization, veracity, accuracy, thoroughness of the contents, nor of their being up-to-date, from third parties published on the website and consequently, will take no responsibility related to these.
4. PROTECTION OF DATA OF A PERSONAL NATURE
Ferris Air guarantees the observance of the Constitutional Law on the Protection of Data of a Personal Nature and the regulations for its carrying out and to this end, undertakes to (i) use data of a personal nature to which it may have access exclusively in compliance with the purpose for which this was requested; (ii) observe and adopt as many security measures as are necessary to ensure the confidentiality, secrecy and integrity of the data of a personal nature to which it has access, as well as to adopt in the future all those security measures that may be required by law and regulations that are destined to preserve the secrecy, confidentiality and integrity in the automated treatment of personal data; (iii) never give data of a personal nature to which it has access to third parties, not even in the case of their storage; (iv) destroy the data given by the User once the purpose for which it was requested has run out; in general, to the facilitate the User’s exercising all the rights that current legislation affords him/her and in particular, to guarantee the exercise of the rights of access, rectification and cancellation of the data of a personal nature which belong to him/her; (v) In order to solicit information and verify the USER’s compliance with the content of this clause, as well as to exercise the rights previously mentioned or, in general, for any kind of communication on the matter, Ferris Air designs the contact information which, for each unit, appears on this website
5. OTHERS
5.1 Ferris Air will not use cookies in its page. Navigation on Ferris Air’s website is anonymous and only information on the number of visits, time; etc with an exclusively statistical purpose is registered in the history files or logs.
5.2 To enter the areas of restricted access, the Users must register themselves previously or have the corresponding access passwords. Ferris Air reserves the right to freely accept or deny a request for registration by any User. The data introduced by the User must be correct, up-to-date and truthful and will be processed and treated by Ferris Air according to the legislation in force on the question of protection of personal data. The Users will be responsible in all circumstances for the custody of their access passwords and therefore will be exclusively responsible for any damages or prejudicial consequences that may derive from a wrongful use of these and likewise for loss or disclosure. In case of a forgotten password, loss or any other circumstance that could involve a risk in accessing or the use of the password by unauthorized third parties, the Users must communicate this immediately to Ferris Air so that it may be blocked and a substitute given.
5.3 Should the User not comply with any one of the provisions of these General Conditions, Ferris Air reserves the right to exercise all those actions that are afforded it by the law and the right to legitimate defence of its interests, and to exact the responsibilities that are derived from the failure to comply.
5.4 The declaration of any one of these General Conditions as null and void, invalid or ineffective, will not affect the validity or effectiveness of the remaining ones which will continue to be binding for the parties involved.
6. LAW ENFORCEMENT AND JURISDICTION
The service lent by the website and these General Conditions of Use of the Website are governed by Kenyan law. The parties involved waiver the rights to any other exemption or law code that may correspond to them and agree to place themselves under the jurisdiction of the courts of law in the capital city of Nairobi.
Air Waybill Conditions of Contract
The following are the Air Waybill Conditions of Contract.
I. Notice Appearing On The Face Of The Air Waybill
It is agreed that the goods described herein are accepted in apparent good order and condition (except as noted) for carriage SUBJECT TO THE CONDITIONS OF CONTRACT ON THE REVERSE HEREOF. ALL GOODS MAY BE CARRIED BY ANY OTHER MEANS INCLUDING ROAD OR ANY OTHER CARRIER UNLESS SPECIFIC CONTRARY INSTRUCTIONS ARE GIVEN HEREON BY THE SHIPPER, AND SHIPPER AGREES THAT THE SHIPMENT MAY BE CARRIED VIA INTERMEDIATE STOPPING PLACES WHICH THE CARRIER DEEMS APPROPRIATE. THE SHIPPER’S ATTENTION IS DRAWN TO THE NOTICE CONCERNING CARRIER’S LIMITATION OF LIABILITY. Shipper may increase such limitation of liability by declaring a higher value for carriage and paying a supplemental charge if required.
II. Conditions Of Contract On Reverse Side Of The Air Waybill
NOTICE CONCERNING CARRIERS’ LIMITATION OF LIABILITY
If the carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention or the Montreal Convention may be applicable and in most cases limit the liability of the Carrier in respect of loss of, damage or delay to cargo. Depending on the applicable regime, and unless a higher value is declared, liability of the Carrier may be limited to 17 Special Drawing Rights per kilogram or 250 French gold francs per kilogram, converted into national currency under applicable law. Carrier will treat 250 French gold francs to be the conversion equivalent of 17 Special Drawing Rights unless a greater amount is specified in t he Carrier's conditions of carriage.
* This Resolution is in the hands of all IATA Cargo Agents.