MBAITU FM TERMS AND CONDITIONS

Last Updated: 19th March 2025

Welcome to Mbaitu FM

By accessing or using our website (www.mbaitufm.com), mobile applications, or any related digital platforms, you agree to comply with these Terms and Conditions. If you do not agree with any part of these Terms, please refrain from using our services.

These Terms govern your use of Mbaitu FM’s website and digital services and ensure compliance with Kenyan laws, including the Data Protection Act, 2019, and applicable international legal standards.

1. Introduction

These Terms and Conditions (“Terms”) outline the rights and obligations between you (“User”) and Mbaitu FM (“We”, “Us”, or “Our”). By accessing or using any of our platforms, you confirm that you have read, understood, and agreed to be bound by these Terms.

Mbaitu FM reserves the right to update or modify these Terms at any time. Any changes will be posted on our website. Continued use of our services after such updates constitutes acceptance of the revised Terms.

2. Definitions

  • “Mbaitu FM” refers to Mbaitu FM, its affiliates, subsidiaries, and associated entities.
  • “User”, “You”, or “Your” refers to any individual or entity accessing or using our services.
  • “Services” include online radio streaming, digital content, advertisements, social media interactions, and any other services provided by Mbaitu FM.
  • “Content” refers to all text, images, videos, audio, software, trademarks, or materials published by Mbaitu FM.

3. Applicable Laws

These Terms are governed by the following Kenyan laws:

  • Constitution of Kenya (2010)
    • Article 31: Right to Privacy
    • Article 33: Freedom of Expression (limited by hate speech laws)
    • Article 34: Freedom of the Media
  • Kenya Information and Communications Act (KICA), 1998 (Revised 2013)
    • Section 46H: Prohibits offensive broadcast content
    • Section 46K: Governs radio frequency allocation and licensing
    • Section 27: Mandates compliance with Communication Authority of Kenya (CAK) regulations
  • Data Protection Act, 2019 – Governs personal data collection, storage, and use
  • Consumer Protection Act, 2012 – Protects consumers from deceptive practices
  • Copyright Act, 2001 (Revised 2019) – Protects intellectual property rights

4. User Agreement

4.1 Eligibility

  • You must be 18 years or older, or have parental/guardian consent.
  • You must comply with all applicable laws and regulations.

4.2 Prohibited Conduct

Users must not:

  • Use our services for illegal, defamatory, or fraudulent purposes
  • Violate hate speech laws (per the National Cohesion and Integration Act, 2008)
  • Spread false or misleading information (per the Computer Misuse and Cybercrimes Act, 2018)
  • Disrupt or interfere with the operation of our platforms

4.3 Content Restrictions

We reserve the right to moderate or remove content that:

  • Violates broadcasting regulations (KICA)
  • Infringes on copyrights (Copyright Act)
  • Contains violence, hate speech, or obscene material (Films and Stage Plays Act, 1962)

5. Intellectual Property Rights

All content on www.mbaitufm.com is the property of Mbaitu FM and protected under Kenyan intellectual property laws, including the Copyright Act, 2001.

Users may not:

  • Copy, reproduce, or redistribute content without written permission
  • Modify or create derivative works from our materials
  • Use our logos or trademarks without prior approval

Users are granted a limited, non-exclusive, non-transferable license for personal and non-commercial use. Unauthorized use may result in legal action.

6. User Conduct

You agree not to:

  • Share unlawful, obscene, or defamatory content
  • Upload viruses, malware, or harmful code
  • Engage in fraud, impersonation, or unauthorized access
  • Use bots or automated tools to extract data

Violation of these rules may lead to removal of content and suspension of services.

Mbaitu FM may provide links to third-party websites. We are not responsible for their content, privacy policies, or practices. You access third-party sites at your own risk.

8. User-Generated Content

By submitting content to Mbaitu FM (e.g., comments, music, articles), you grant us a worldwide, royalty-free, perpetual license to use, reproduce, distribute, and display such content.

Submitted content must not:

  • Violate copyrights or third-party rights
  • Contain hate speech or false/misleading information (per Defamation Act, 2013)
  • Include malicious code or harmful software

Mbaitu FM reserves the right to remove any user-generated content that violates these terms.

9. Disclaimer of Liability

  • Service Availability: We do not guarantee uninterrupted or error-free access. Downtime may occur due to maintenance or technical issues.
  • Content Accuracy: While we aim for accuracy, we cannot guarantee all information is complete or current.
  • User Risk: Use of our services is at your own risk. We are not liable for any damage or loss resulting from reliance on our content.

10. Account Suspension & Termination

Mbaitu FM may suspend or terminate your account if you:

  • Violate these Terms
  • Commit fraud or abuse
  • Threaten or harass other users or staff

To request account deletion, contact us at: info@mbaitufm.co.ke

11. Indemnification

You agree to indemnify and hold Mbaitu FM, its staff, and affiliates harmless against any claims or liabilities arising from:

  • Your misuse of our services
  • Your violation of these Terms
  • Any content you publish or share on our platforms

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of Kenya. Any disputes will first be addressed through mediation or arbitration. Legal action should be a last resort after attempting amicable resolution.

13. Changes to These Terms

Mbaitu FM reserves the right to update these Terms at any time. Updates will be posted on our website. Continued use after changes indicates your acceptance of the revised Terms.

14. Contact Us

If you have questions or concerns about these Terms: