Terms for using the campaign platform (Cap. 411C aligned)
Last Updated: 9 August 2026
Welcome to the Nyabiosi Sydiney for MP 2027 Campaign Platform for Nyaribari Chache Constituency (the “Platform”). These Terms of Service (“Terms”) govern your access to and use of the Platform, including constituent registration, agent tools, campaign communications, and related services operated by the Nyabiosi Sydiney Campaign (“we,” “our,” or “us”).
These Terms should be read together with our Privacy Policy, which is our privacy notice under the Data Protection Act, Cap. 411C (Kenya Law). If there is a conflict between these Terms and Cap. 411C regarding personal data, Cap. 411C prevails.
By using the Platform, you represent that:
Acceptance of these Terms is not the same as consent to process personal data. Where Cap. 411C requires consent, we will obtain it separately through clear affirmative action (for example the informed consent form or channel-specific opt-ins).
The Platform may provide:
We may modify, suspend, or discontinue features where reasonably necessary for operations, security, or legal compliance. Where a change materially affects how we process personal data, we will update the Privacy Policy and seek fresh consent where Cap. 411C requires.
We process personal data as a data controller under Cap. 411C. Our practices are described in the Privacy Policy, including:
You may exercise Cap. 411C rights (access, objection, correction, erasure of false/misleading data, restriction, portability, withdrawal of consent, and related rights) as set out in the Privacy Policy. Complaints may be lodged with the Office of the Data Protection Commissioner.
Nothing in these Terms waives statutory rights under Cap. 411C or Article 31 of the Constitution.
Where processing relies on consent:
Agents and administrators must not send campaign messages to a person on a channel for which that person has not given consent, and must not process personal data for purposes outside those disclosed in the Privacy Policy / consent materials.
If you create or are issued an account, you agree to:
If you are an agent, administrator, or other authorised user who collects or accesses constituents’ personal data, you must:
We may suspend or terminate access if you violate these Terms, Cap. 411C, electoral laws, or misuse the Platform. Upon termination, access ceases; retention or deletion of personal data follows the Privacy Policy and Cap. 411C (including section 39).
The Platform supports legitimate campaign engagement for Nyaribari Chache. You must not use it to manipulate voter registers, intimidate persons, spread unlawful falsehoods, buy or coerce support, or otherwise breach Kenya’s electoral laws or IEBC rules. Campaign messaging must respect consented communication channels and Cap. 411C.
Platform content, branding, software, and materials (excluding personal data belonging to data subjects) are owned by the Nyabiosi Sydiney Campaign or its licensors and protected by applicable intellectual property laws.
We grant you a limited, non-exclusive, non-transferable licence to use the Platform for authorised campaign purposes only. You may not copy, reverse engineer, commercially exploit, or remove proprietary notices without permission.
When you submit registration data, consent records, feedback, or other materials, you grant us a non-exclusive licence to use that information solely for the campaign purposes described in the Privacy Policy and any applicable consent, and subject to Cap. 411C.
This licence does not transfer ownership of your personal data to us in a manner that overrides Cap. 411C rights. You warrant that you are authorised to submit the information and that it does not unlawfully infringe third-party rights.
The Platform is intended for persons aged 18 and above. We do not knowingly process a child’s personal data except as permitted by Cap. 411C section 33 (parental/guardian consent and best interests). If you believe a child’s data has been submitted improperly, contact us promptly so we can delete or restrict it.
We aim to keep the Platform available but do not guarantee uninterrupted, error-free, or fully secure access at all times. Maintenance, outages, or events beyond our control may occur.
Users are responsible for the accuracy of information they submit. We take reasonable steps to keep Platform records accurate and up to date as required by Cap. 411C section 25(f).
The Platform may rely on processors (SMS, email, WhatsApp, hosting, and similar). We select processors with appropriate safeguards (section 42) but are not responsible for all acts of third parties outside our reasonable control. Their processing remains subject to our instructions and Cap. 411C where applicable.
Except for obligations that cannot be excluded under Kenyan law (including Cap. 411C), the Platform is provided on an “as is” and “as available” basis without warranties of merchantability or fitness for a particular purpose.
To the maximum extent permitted by Kenyan law, and without limiting any rights or remedies under Cap. 411C, the Nyabiosi Sydiney Campaign and its officers, employees, agents, and affiliates shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits or goodwill, arising from use of or inability to use the Platform.
Nothing in these Terms excludes or limits liability for fraud, death or personal injury caused by negligence, or any liability that cannot be limited under applicable Kenyan law, including statutory duties owed as a data controller under Cap. 411C.
You agree to indemnify and hold harmless the Nyabiosi Sydiney Campaign and its officers, employees, agents, and affiliates from claims, losses, and reasonable costs arising from: your misuse of the Platform; your violation of these Terms; your unlawful processing or disclosure of personal data; or your infringement of third-party rights — except to the extent caused by our breach of Cap. 411C or these Terms.
We may suspend or end access immediately if you:
After termination, personal data is retained or deleted according to the Privacy Policy and Cap. 411C section 39 (and related rights under sections 34 and 40). Withdrawal of consent or a valid erasure request will be handled as described in the Privacy Policy.
These Terms are governed by the laws of Kenya, including the Constitution, Cap. 411C, and applicable electoral laws.
Disputes relating to these Terms or the Platform are subject to the jurisdiction of the courts of Kenya, without prejudice to your right to lodge a complaint with the Office of the Data Protection Commissioner regarding personal data.
We may update these Terms from time to time. Material changes will be indicated by:
Continued use after an update constitutes acceptance of the revised Terms for Platform use. New personal-data purposes that require consent under Cap. 411C will not rely on continued use alone; we will seek appropriate consent.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in effect. An invalid provision will be interpreted to best reflect the original intent to the extent permitted by law.
These Terms and the Privacy Policy form the entire agreement between you and the Nyabiosi Sydiney Campaign regarding use of the Platform, and supersede prior conflicting understandings on that subject (without affecting any separate written agent/employment agreements, if any).
Questions about these Terms, or reports of violations:
Campaign: Nyabiosi Sydiney for MP 2027
Constituency: Nyaribari Chache
Election Year: 2027
For data-protection requests, use the channels described in the Privacy Policy. Law reference: Data Protection Act, Cap. 411C.
Thank you for using the Platform responsibly and helping us engage Nyaribari Chache in a lawful, transparent way.