MBAITU FM TERMS AND CONDITIONS

Last Updated: 19th March 2025
Welcome to Mbaitu FM! By accessing or using our website (www.mbaitufm.com), mobile
applicaGons, or any related digital plaHorms, you agree to comply with these Terms and
CondiGons. . If you do not agree with any part of these terms and condiGons, please refrain from
using our services.

These Terms and CondiGons govern your use of Mbaitu FM’s website and digital services,
ensuring compliance with Kenyan laws, including the Data ProtecGon Act, 2019, and internaGonal
legal standards.

  1. IntroducGon
    These Terms and CondiGons (“Terms”) set out the rights and obligaGons between you (“User”)
    and Mbaitu FM (“We”, “Us”, “Our”). By accessing, browsing, or using our website, you confirm
    that you have read, understood, and agreed to these Terms.
    Mbaitu FM reserves the right to modify or update these Terms at any Gme. Changes will be posted
    on our website, and conGnued use of our services aUer such updates will be deemed as
    acceptance of the revised Terms.
  2. DefiniGons
  • “Mbaitu FM” refers to Mbaitu FM, its affiliates, subsidiaries, and associated enGGes.
  • “User”, “You” or “Your” refers to any individual accessing or using Mbaitu FM’s website,
    applicaGons, or services.
  • “Services” include online radio streaming, digital content, adverGsements, social media
    interacGons, and any other services offered by Mbaitu FM.
    “Content” refers to text, images, videos, audio, soUware, trademarks, or any other material
    provided by Mbaitu FM.
  1. Applicable Laws

The following Kenyan laws govern these Terms:

  1. The ConsGtuGon of Kenya, 2010
  • ArGcle 31: Right to privacy.
  • ArGcle 33: Freedom of expression (limited by hate speech laws).
  • ArGcle 34: Freedom of the media.
  1. Kenya InformaGon and CommunicaGons Act (KICA), 1998 (Revised 2013)
  • Regulates broadcasGng, telecommunicaGons, and online plaHorms.
  • SecGon 46H: Prohibits offensive content in broadcasGng.
  • SecGon 46K: Governs radio frequency allocaGon and licensing.
  • SecGon 27: Requires compliance with CommunicaGon Authority of Kenya (CA)
    regulaGons.
  1. Data ProtecGon Act, 2019
  • Regulates the collecGon, storage, and processing of personal data.
  1. Consumer ProtecGon Act, 2012
  • Protects consumers from misleading adverGsing and unfair business pracGces.
  1. Copyright Act, 2001 (Revised 2019)
  • Protects intellectual property rights in Kenya.
  1. User Agreement
  2. Use of Services

4.1 Eligibility

  • Users must be 18 years or older or have parental consent.
  • Users must comply with all Kenyan laws and regulaGons.

4.2 Prohibited Conduct

Users must not:

  • Use our services for illegal, defamatory, or fraudulent acGviGes.
  • Violate hate speech laws (per NaGonal Cohesion and IntegraGon Act, 2008).
  • Share or distribute false or misleading informaGon (per Computer Misuse and
    Cybercrimes Act, 2018).
    . Disrupt or interfere with the normal operaGon of our Services

4.3 Content RestricGons

Mbaitu FM reserves the right to moderate, remove, or restrict content that:

  • Violates broadcasGng regulaGons (per Kenya InformaGon and CommunicaGons
    Act).
  • Infringes on copyrights (per Copyright Act, 2001).
  • Promotes violence, hate speech, or obscenity (per Films and Stage Plays Act,
    1962).
  1. Intellectual Property Rights
    All content produced by Mbaitu FM is protected under the Copyright Act, 2001 and intellectual
    property laws of kenya: including trademarks, logos, and materials on www.mbaitufm.co.ke are
    the exclusive property of Mbaitu FM.
    Users may not:
  • Copy, reproduce, or redistribute our content without explicit permission
  • Modify or create derivaGve works from our materials
  • Use our trademarks or logos without prior wrijen approval

Users are granted a limited, non-exclusive, non-transferable license to access and use our services
for personal and non-commercial purposes. Any unauthorized use may result in legal acGon.

  1. User Conduct
    While using Mbaitu FM’s website, you must not:
  • Post, transmit, or share unlawful, defamatory, or obscene content
  • Upload viruses, malware, or any malicious code
  • Engage in fraudulent acGviGes, hacking, or unauthorized access
  • Use automated scripts (bots) to collect informaGon from our website
  • Impersonate another person or misrepresent your idenGty

Mbaitu FM reserves the right to remove content and suspend users who violate these rules.

  1. Third-Party Links & Services
    Mbaitu FM may contain links to third-party websites. We are not responsible for the content,
    privacy policies, or security pracGces of external sites. Clicking on third-party links is at your own
    risk, and we recommend reviewing their terms before engaging with their services.
  2. Content Submission & User-Generated Content
    If you submit, post, or share any content (e.g., comments, videos, music, or arGcles) on Mbaitu
    FM’s plaHorms, you grant us a worldwide, royalty-free, perpetual, and non-exclusive license to
    use, reproduce, distribute, and display the content.
    Users must ensure that submijed content:
  • Does not violate copyright or intellectual property rights
  • Does not Infringe on third-party rights.
  • Does not Contain hate speech, defamatory statements, or misleading informaGon (per
    DefamaGon Act, 2013).
  • Is not misleading, offensive, or defamatory
  • Does not contain harmful soUware or scripts
    Mbaitu FM reserves the right to remove user-generated content that violates our policies.
  1. Disclaimer of Liability
  • Service Availability: Mbaitu FM does not guarantee uninterrupted, error-free access to our
    services. We may experience downGme due to maintenance, technical issues, or
    unforeseen circumstances.
  • Accuracy of InformaGon: While we strive to provide accurate content, we do not
    guarantee that all informaGon is 100% correct or up to date.
  • User Responsibility: You use Mbaitu FM services at your own risk. We are not liable for
    any loss, damage, or harm resulGng from the use of our website or reliance on its content.
  1. Account TerminaGon & Suspension
    Mbaitu FM may suspend or terminate your account if you:
  • Violate these Terms
  • Engage in fraudulent acGviGes
  • Abuse or threaten other users or our staff
    Users may also request to delete their accounts by contacGng us at info@mbaitufm.co.ke.
  1. IndemnificaGon
    You agree to indemnify and hold harmless Mbaitu FM, its affiliates, directors, and employees from
    any claims, damages, liabiliGes, or expenses arising from:
  • Your misuse of our services
  • Your violaGon of these Terms
  • Any content you submit or distribute
  1. Governing Law & Dispute ResoluGon
    These Terms and CondiGons are governed by the laws of Kenya. Any disputes shall be resolved
    through mediaGon or arbitraGon before seeking legal acGon.
    If a dispute arises, both parGes must ajempt to resolve the majer amicably before proceeding
    to court.
  2. Changes to These Terms
    Mbaitu FM reserves the right to modify these Terms at any Gme. Updated versions will be posted
    on our website. ConGnued use aUer changes means you accept the updated Terms.
  3. Contact InformaGon
    For quesGons, concerns, or support regarding these Terms and CondiGons, please contact:
    � Email: info@mbaitufm.co.ke
    � Phone: +254 20 239 3111
    � Website: www.mbaitufm.com