Terms and Conditions

Last Updated: November 15, 2023

1. Introduction

Welcome to Out The. These Terms and Conditions govern your use of our website located at outthe.com and form a binding contractual agreement between you, the user of the Site, and us, Out The.

These Terms are important and affect your legal rights, so please read them carefully. By accessing or using the website, you agree to be bound by these Terms and all terms incorporated by reference.

2. Definitions

"Content" means text, images, photos, audio, video, and all other forms of data or communication.

"Your Content" means Content that you create, submit, post, display, or transmit through the Site.

"Our Content" means Content that we create and make available on the Site.

"Third Party Content" means Content that comes from parties other than you or us and is available on the Site.

"Site Content" means all of the Content available on the Site, including Your Content, Our Content, and Third Party Content.

3. Account Registration and Requirements

To access certain features of the Site, you may be required to register for an account. When you register, you agree to provide accurate, current, and complete information about yourself and to update such information as necessary.

You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account credentials.

We may terminate or suspend your account at any time without notice if we determine, in our sole discretion, that you have violated these Terms.

4. Services and Payments

Out The provides business and financial coaching services. The description of services, pricing, and payment terms will be as shown on our Site at the time of purchase or as specified in a separate written agreement.

All payments are non-refundable except as expressly stated in our Refund Policy or as required by applicable law.

5. Intellectual Property Rights

The Site and all content and materials available through the Site, including, but not limited to, the Out The logo, design, text, graphics, and other files, are the property of Out The or its licensors. This includes all copyrightable material, trademarks, service marks, trade names, and other proprietary content.

You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content from the Site for any purpose without our prior written consent.

6. User Content

You retain ownership rights to the content you submit to the Site. However, by submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display your content in connection with the Services and our business operations.

You are solely responsible for the content you post on the Site and the consequences of sharing such content.

7. Prohibited Conduct

You agree not to:

8. Disclaimers

THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Site will function without interruption or errors. The Site and its content may contain inaccuracies or errors.

Legal Disclaimer: James Mwangi, the Kenyan accountant, career banker, businessman, and entrepreneur, is not associated with Out The and does not endorse, own, or operate this business. Any references to James Mwangi on this site are for informational purposes only and do not imply any affiliation, partnership, or endorsement.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUT THE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO OUT THE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify and hold harmless Out The and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your use of the Site, your violation of these Terms, or your violation of any rights of another person or entity.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Kenya without regard to its conflict of law principles. Any legal proceedings against Out The shall be brought exclusively in the courts of Kenya.

12. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will update the "Last Updated" date at the top of these Terms. Your continued use of the Site after any changes indicates your acceptance of the modified Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:

Out The
Mayfair Court, 5th Floor
Parklands Road, Westlands
Nairobi, Kenya

Email: [email protected]
Phone: +254 719 463 217