You use the Platform, hub facilities booked through it, and any dealings with other members, partners, or third parties entirely at your own risk. IHN does not control member-to-member interactions and is not a party to them.
To the maximum extent permitted by the laws of Kenya, Impact Hub Nairobi and its officers, directors, employees, contractors, volunteers, and agents (“IHN Parties”) have no liability of any kind to you or any third party, whether in contract, tort (including negligence), misrepresentation, strict liability, statute, equity, or otherwise, and whether arising from the Platform, these Terms, membership, bookings, events, programmes, payments, content, downtime, data loss, or any other matter.
Without limiting the previous paragraph, the IHN Parties are not liable for:
- any loss or damage, whether direct, indirect, incidental, special, consequential, exemplary, or punitive;
- lost profits, revenue, savings, business, opportunity, goodwill, or data; business interruption; or cost of substitute services;
- personal injury, property damage, or other harm occurring on or off the premises, except where Kenyan law does not allow that exclusion;
- acts or omissions of other members, visitors, partners, payment providers (including Paystack and M-Pesa operators), hosting providers, or any third party;
- unavailability, errors, delays, security incidents, or unauthorised access, to the extent exclusion is permitted.
If, despite the above, a court or tribunal holds that an IHN Party has any liability that cannot be excluded, then to the maximum extent the law allows that remaining liability is limited to Kenya Shillings zero (KES 0), or if a zero cap is not permitted, to the lowest amount the applicable law requires. You agree that this allocation of risk is a fundamental basis of these Terms and that we would not provide the Platform on a free or paid basis without it.
Nothing in this section excludes or limits liability that Kenyan law does not permit to be excluded or limited, including (where such a prohibition applies) liability for fraud or for death or personal injury caused by negligence.