AppinApp Terms and Conditions
Last updated 14, January, 2024
1. AGREEMENT TO TERMS AND CONDITIONS
(i) These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and -------- ---------------------- (“we,” “us” or “our”), concerning your access to and use of our AppinApp application (the “Application”).
(ii) You agree that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms and Conditions Use.
(iii) IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND YOU MUST DISCONTINUE USE IMMEDIATELY.
(iv) Supplemental terms and conditions or documents that may be posted on the Application from time to time are hereby expressly incorporated herein by reference.
(v) We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
(vi) We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change.
(vii) It is your sole responsibility to periodically review these Terms and Conditions to stay informed of updates.
(viii) You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Application after the date such revised Terms are posted.
(ix) The information provided on the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws, by-laws and applicable sector regulations may permit.
(x) The Application is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Application. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Application.
2. SERVICES
(a) Provider shall deliver to Customer and its Authorized Users the services described in the Agreement in accordance with the provisions of the Agreement, subject to and dependent on Customer's and its Authorized Users' acceptance of and adherence only with Agreement.
(b) The AppInApp services covers the convergence of many applications on a mobile device such as a smartphone, a tablet computer or laptop on a single window putting together all vendors’ applications including competing vendors’ applications on one portal.
(c)The AppInApp Application Software enables service subscription through vendor-based API or directly into AppInApp services.
(d) AppInApp technical promise conforms to a platform/middleware that integrates various vendors’ APIs to provide a range of services to consumers and;
⦠Provision of bidirectional converged actionable notifications
⦠Facilitation of both internal and external vendor’s services layering capabilities
⦠Multi-payment agency services options
⦠Price comparison capabilities for consumers
⦠Consumption analytics
(e) AppInApp Vendor promise is that it’s an app offering to vendor’s/ service providers (digitized or not digitized) to assist/help vendors meet consumer needs in a market environment and;
(i) Enables service providers to initiate a notification to either a specific consumer or a group of clienteles
(ii) Enables vendor’s certain analytic options for instance an intelligence report and comparison with similar players in the industry
(iii) Enables consumers to initiate, receive or action a notification;
(f) AppInApp Consumer promise is that it’s an app that brings together different products & services offered by diverse businesses/vendors in a way that consumers can access services and products without necessarily installing respective desecrate vendor apps.
3 SERVICES PROCESS
(a) Customer acquires a subscription to the AppInApp Application Software and the API as part of the Services or API not as part of the service inscribed in AppInApp by respective vendors:
(b)The AppInApp Application Software API key or passwords will be issued by Provider, and Customer will be able to access and then use the AppInApp Application Software (including any credentials and certificates) exclusively in connection with the products and services offered by Provider to its customers.
(c) Customer bears the responsibility for any uses of its AppInApp Application Software API key or password, or non API key or password, and will promptly alert Provider of any illegal use of Provider's AppInApp Application Software API key or password or non API key or password.
(d) Historical databases will not be included in the AppInApp Application Software API or non-API Software.
(e) Provider may apply rate limitations in conjunction with all Integrations in line with vendor API rate limitations; Thus, API usage is subject to rate limiting as provided and designed by the vendor. These limits minimize denial-of-service attacks and acts of aggression such as quick configuration changes, excessive polling and batching, and excessive API requests. The service protection limitations are high enough for a user accessing an API to come across them. It is feasible, though, if the customer’s application supports bulk operations. The Application or AppInApp user program may be throttled if this limit is exceeded.
(f) Customer and Provider will conform with Customer's usage policy of the AppInApp Application Software API or non-API Software includes accessing or utilizing "Personal Data" as defined in Exhibit B; that the Provider retains or makes accessible to Customer. Personal data includes name, address, zip code, email address, phone number, other information that could be used to contact an individual (including in an online or otherwise digital environment) and other identifiers (such as IP addresses and device identifiers), sensitive personal information (Social Security numbers, driver' license information, government ID numbers), and other identifiers (such as IP addresses and device identifiers).
(g) Customer's usage of the AppInApp Application Software API or non-API Software is subject to reasonable limitations as delimited by Vendor applications API limitations.
(h) Before development on any new Integration's or plug in begins, the Customer must notify the Provider in writing. The notification must specify (1) the proposed Integration's or plug in process and (2) the problem or initiative that the Customer want to address or resolve using the Integration's or plug in. This notification must be sent within 30 days for the Provider to examine the Integration. Customer will not implement or allow any Integration to be implemented until the proposed Integration has been evaluated by the Provider. Before deploying the developed integration to production, the provider has the right to inspect and validate it at cost.
(g) In relation to Third-Party Integration's or plug in (1) before the third party begins work on the Third-Party Integration, Customer will notify the third party of the requirements, and therefore will acquire written confirmation from the third party that the third party will conform with all these requirements; and Customer will perform transaction-level recording of all traffic to Provider, which should contain at a minimum the request type, destination Provider customer, date and time, and overall response time for each transaction. Customer should keep these records for as long as possible, but no less than 90 days. Within 7 business days after initial traffic, the customer will provide evidence of logging to the provider.
(i) Customer may not apply the AppInApp Application Software API or non-API Software in more than three Integrations without first getting Provider's permission to do so.
(j) If the Third-Party Integration's or plug in violates this Section 3 , the provider may deactivate the Integration and neither the Customer nor any Third-Party will have any right of appeal against Provider in connection with the disabled Integration.
4. SUBCONTRACTOR
Provider may, at its professional judgment, engage third parties to perform her functions; such a Subcontractors shall agree in writing to confidentiality terms at least as protective as those in the Agreement and that Provider remains willing to take responsibility for its Subcontractors.
5. RESTRICTIONS
Unless expressly permitted by the Agreement and, in the case of Third-Party Materials, the applicable third-party license agreement, neither Customer nor its employees, contractors, or other Persons under Customer's control herewith referred to mutually as; "Customer Personnel" may access or use the Services or Provider Materials herein referred as AppInApp Application through Software API or through non-API Software. To avoid any misunderstanding, but even without limiting the foregoing, neither Customer nor Customer Personnel shall:
(a) not reproduce, alter, or gain enhance to the Services or Provider Materials in any way except as specifically permitted by the Agreement.
(b) no sublicense, allocate, rent, lease, lend, sell, distribute, publish, handover, transfer or otherwise make Provider materials available to any Person, organizations, as well as on or in connection with the internet or any time-based service share, service agency or bureau, software as a service, application as a service, platform as a service that contains AppInApp, cloud contain AppInApp, or use of any other technology or service in breach.
(c) not reprogram, decompile, decode, decrypt, modify, reverse engineer, or otherwise try, wholly or partially part, to extract or acquire access to the source code of the Services or Provider Materials;
(d) bypass or circumvent any security feature or gain access to the safeguarded material, codes or algorithms other than via the use of an Accredited Access Credentials;
(e) transmit., input or disseminate any form of information or materials or data that are unlawful or injurious, or that include, triggering any Harmful Code, uploading viruses, through the Services of Provider Systems via the use of an Accredited or non-credited Access Credentials;
(f) not, in total or in partial, disrupt, damage, interrupt, deactivate, degrade, tamper with, or otherwise impede or injure the Services, Provider Systems, or Provider's rendering of services to any third party;
(g) not, confiscate, obliterate, modify or block any symbol, trademarks, Certification, guarantees, warrantees, negotiations or disclaimers, or any copyright, trademark, patent, or other proprietary information or ownership information designations from any Services or Provider Materials, including copies of the same;
(h) not obtain or use the Services or Provider Materials for the intention of competitor analysis, the creation, delivery, or use of a competitive software service or product, and any other software application for purpose that is detrimental to Provider's commercial interests;
(i) not use the Services for any intent that could (I) endanger or intimidate another person or cause harm or injury to a person or possessions, (ii) incorporate the public release of false, disparaging, hounding, or outrageous material, (iii) infringe personal privacy or promote prejudice, racial prejudice, hostility, or damages, (iv) represent a violation of intellectual property or other ownership information, or (v) or else contravene legal requirements, byelaws, or regulatory requirements;
(j) not send inappropriate texts and emails, generally referred to as spam;
(k) contravene any, state, or municipal or county laws, as well as carrier restrictions, according to prevailing software Guidelines.
(l) intentionally acquire or use the Services or Provider Materials in ways that go beyond the limits of the Section 3 authorization.
6. ACCOUNT PAYMENT TERMS
(a) Fees: In terms of section 6, the Customer shall pay the Provider the fees set forth in the Agreement during the initial period of the Agreement. Unless otherwise specified in the Agreement, the fees for each renewal term will be determined by dynamic market conditions; subscriptions will be based on transaction basis, on monthly, quarterly or annual depending on the contract terms.
(b) Taxes: In terms of section 6, taxes are not included in any Fees or other payments payable by Customer under the Agreement. The Customer is liable for any taxes imposed by any state, or local governmental or regulatory authority on any sums due by Customer, this is with the exception of any taxes levied on Provider's income, for the avoidance of dispute.
(c) Payments: In terms of section 6, payments shall be made to the address or account indicated in the Agreement, or to any other address or account that Provider may specify in advance from time to time. All payments shall be made in applicable currency within the conditions set in the invoice;
(d) Payments: Customer will need to pay all monies due to Provider under the Agreement and in full with no setoff, recoupment, debit, deduction, counterclaim, or withholding for any reason other than lawful deduction or withholding of tax as may be required by applicable Law.
7. ORGANIZATIONAL SECURITY MEASURES
(a) In relation to personal data security obligations, Customer must choose a representative to act as a point of contact for the Provider. Customer compliance with these personal data security obligations is the responsibility of the representative.
(b) Security Program. Customer warrants, affirms, guarantees, and assures that the following has been established and executed by Customer, and that Customer will continue to update and uphold as required: documented, comprehensive information security program that adheres to all legal requirements, rules, regulations, and industry practices; and offer appropriate policies and processes for detecting, preventing, and mitigating the risk of data security breaches or theft. In particular, such a Security Program must include, at a minimum, the following components in addition to those listed in Section 3 below:
(i) A data loss prevention program that includes proper rules and/or technical safeguards to prevent the loss of personal information.
(ii) A disaster recovery/business continuity plan that includes accessibility to, maintenance of, and archiving of Personal Data, as well as the security requirements for backup locations.
(c) Customer's personnel must get annual training about how to conform with the Customer's physical, technological, and administrative information security measures and confidentially requirements as set forth in relevant laws, rules, regulations, and guidelines.
(d) Only those Personnel with a professional need to access Personal Information in order to deliver the Services to Provider customer(s) and/or to meet the objectives of the Agreement are allowed to have access to such Personal Data. With regard to all Personal Data, Customer should create, maintain, and implement the security principles of segregation of duties and least privileged access.
(e) Customer shall update all access privileges in a reasonable manner in response to personnel or computer system changes, and shall review all access rights at an appropriate frequency to ensure that the proper access controls. All access privileges must be verified by the customer using suitable authentication techniques.
(f) Unless the parties agree differently in writing throughout the length of the Agreement, Personal Data will be hosted on servers physically located in Kenya at all times during the Term. Customer would comply with all relevant data privacy, security, and cross-border transfer laws, rules, and guidelines in the country to which and from which Personal Data will be transferred. Any cross-border exchange of Personal Data by the Customer must be legitimized through data transfer channels allowed under relevant legislation.
(g) Data Segregation. Unless allowed and/or accepted by relevant Provider customer(s) and notification given to Provider, Customer shall not mix or combine Personal Data with any other data collection. Throughout the processing of Personal Data, Customer must keep it in Provider-segregated logical access controlled files or systems.
8. NETWORK CONFIGURATION, ACCESS CONTROL AND LIMITING REMOTE ACCESS
(a) The Customer is responsible for securing its computer networks by implementing and maintaining suitable firewall and security screening technologies to prevent unwanted access. The following network security rules must be put in place by the customer.
(i) The Customer will be responsible for hardened firewall solutions with real-time logging and alerting capabilities are available.
(b) The Customer will be responsible for security at the periphery as well as on important server systems, intrusion detection and prevention systems are installed and maintained.
(c) The Customer will be responsible for on network routers, access lists are used to limit access to classified internal systems or servers.
(d) The Customer will be responsible for remote management necessitates covering two-factor authentication and takes place through an encrypted channel such as IPsec, SSL-VPN, and others.
(e) The Customer will be responsible for demilitarized zone (DMZ), production databases, back office, and software development regions which shall be logically and physically separated from other network zones that interact with Provider.
(i) Customer shall safeguard access to and from its systems by limiting remote communications at the operating system level if there is no business requirement and/or by tightly managing access including managerial approvals, rigorous controls, recording, and tracking access events and periodical audits.
(ii) Customer shall determine computer software and devices that require security event surveillance and monitoring, as well as keep and analyze log files in a reasonable manner.
(iii) Customer shall guarantee that privilege accounts the administrator, the super user, and other will be monitored and reviewed at least once a year. Within 24 hours of employment termination or a change in job, the customer shall implement a mechanism to govern and manage usernames and passwords.
(f) Customer shall prevent the display of Private Information on any media, including printed material, to the extent practicable.
(g) Customer must encrypt whatever sensitive Personal Data in its possession, custody, or control while being in transit or at rest.
(i) For the purposes of this agreement, "encrypted data" will be implemented using Pretty Good Privacy (PGP), or another industry best practice for key based encryption protocol used for signing, encrypting, and decrypting texts, e-mails, files, directories, and whole disk partitions.
(ii) In order to provide the Services, Customer must have adequate technology in place to receive, store, and transmit sensitive Personal Data in an encrypted manner, and Customers will collaborate with Provider to evaluate Customer's capacity to transfer the data to Provider in an encrypted format.
(g) When employing a third-party data center to host the Services, Customer must verify that;
(i) All application and database servers are physically segregated and protected against illegal physical access within the data center.
(ii) Customer personnel and authorized subcontractors are the only ones to have physical and network access.
(iii) At all times, Personal Data is logically separated from other data kept in any shared environment, and its usage does not jeopardize the security, integrity, or confidentiality of Personal Data.
(j) Customer shall apply all applicable and necessary system security patches to all software and systems that process, store, or otherwise support the Services, including the operating system, application software, database software, and web server software.
(k) On systems used by Customer to collect, use, disclose, store, retain, and otherwise handle Personal Data, Customer should utilize commercial virus/malware scanning software.
(i) Virus or malware will refer to any software procedures that are designed to harm, secretly intercept, or expropriate any system data or personal information again for purposes of this agreement.
(ii) On all Customer systems that hold Personal Data, the Customer should use up-to-date industry standard anti-virus software and software that identifies harmful code, including scanning any email attachments for bad code.
(iii) Customer must make reasonable commercial steps to safeguard its own information systems from harmful code and ensure that its connection to the Internet, as well as every other platform or network used to provide the Service, is secure.
(iv) Customer's proportionate judgment includes monitoring hardware and software when new technology becomes available and is proved reliable to guarantee a secure and established environment.
9. INTELLECTUAL PROPERTY RIGHTS
(i) Unless otherwise indicated, the Application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by patent, copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Kenya, and international conventions.
(ii) The Content and the Marks are provided on the AppinApp is for your information and personal use only.
(iii) Except as expressly provided in these Terms and Conditions of Use, no part of the Application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
(iv)Provided that you are eligible to use the Application, you are granted a limited license to access and use the AppinApp and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
We reserve all rights not expressly granted to you in the AppinApp Content.
10. USER REPRESENTATIONS
By using the AppinApp, you represent and warrant that:
(i) All registration information you submit will be true, accurate, current, and complete;
(ii) You will maintain the accuracy of such information and promptly update such registration information as necessary;
(iii) You have the legal capacity and you agree to comply with these Terms of Use;
(iv) You are not under the age of 13;
(v) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
(vi) You will not access the Application through automated or non-human means, whether through a robot, script or otherwise;
(vii) You will not use the Application for any illegal or unauthorized purpose; and
(viii) Your use of the Application will not violate any applicable law or regulation.
10.1 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the AppinApp (or any portion thereof).
11. USER REGISTRATION
(i) You may be required to register with the AppinApp.
(ii) You agree to keep your password confidential and will be responsible for all use of your account and password.
(iii) We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
12. PROHIBITED ACTIVITIES
You may not access or use the AppInApp for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the AppinApp, you agree not to:
i. Systematically retrieve data or other content from the AppInApp to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
ii. Make any unauthorized use of the AppinApp, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
iii. Use a buying agent or purchasing agent to make purchases on the AppinApp.
iv. Use the AppinApp to advertise or offer to sell goods and services without the requisite authorization.
v. Circumvent, disable, or otherwise interfere with security-related features of the AppinApp, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the AppinApp and/or the Content contained therein.
vi. Engage in unauthorized framing of or linking to the AppinApp.
vii. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
viii. Make improper use of our support services or submit false reports of abuse or misconduct.
ix. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
x. Interfere with, disrupt, or create an undue burden on the AppinApp or the networks or services connected to the AppinApp.
xi. Attempt to impersonate another user or person or use the username of another user.
xii. Sell or otherwise transfer your profile.
xiii. Use any information obtained from the AppInApp in order to harass, abuse, or harm another person.
xiv. Use the AppInApp as part of any effort to compete with us or otherwise use the AppInApp and/or the Content for any revenue-generating endeavor or commercial enterprise.
xv. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the AppinApp.
xvi. Attempt to bypass any measures of the AppinApp designed to prevent or restrict access to the AppinApp, or any portion of the AppinApp.
xvii. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the AppinApp to you.
xviii. Delete the copyright or other proprietary rights notice from any Content.
xix. Copy or adapt the AppInApps’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
xx. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the AppinApp.
xxi. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
xxii. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the AppinApp, or using or launching any unauthorized script or other software.
xxiii. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the AppinApp.
xxiv. Use the AppInApp in a manner inconsistent with any applicable laws or regulations.
13. USER GENERATED CONTRIBUTIONS
The AppinApp provides a single window application for multiple vendors, may allow third party Applications to obtain results and leverage on already built third party applications, AppinApp operates a singular transacting window without operating external applications on a session.
AppinApp may invite you to contribute to, or participate, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the AppinApp, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other users of the AppinApp and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
i. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
ii. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the AppinApp, and other users of the AppinApp to use your Contributions in any manner contemplated by the AppInApp and these Terms and conditions of Use.
iii. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the AppInApp and these Terms and Conditions of Use.
iv. Your Contributions are not false, inaccurate, or misleading.
v. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
vi. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
vii. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
viii. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
ix. Your Contributions do not violate any applicable law, by-laws or regulations applicable.
x. Your Contributions do not violate the privacy or publicity rights of any third party.
xi. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
xii. Your Contributions do not violate any national or state/county law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
xiii. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
xiv. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and conditions of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms and conditions of Use and may result in, among other things, termination or suspension of your rights to use the AppinApp.
14. CONTRIBUTION LICENSE
(i) By posting your Contributions to any part of the AppinApp, or making Contributions accessible to the AppinApp by linking your account from the AppinApp to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.
(ii) The use and distribution may occur in any media formats and through any media channels.
(iii) This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
(iv) We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the AppinApp. You are solely responsible for your Contributions to the AppinApp and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
(v) We have the right, in our sole and absolute discretion,
(1) To edit, redact, or otherwise change any Contributions;
(2) To re-categorize any Contributions to place them in more appropriate locations on the Application; and
(3) To pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
15. GUIDELINES FOR REVIEWS
We may provide you areas on the AppInApp to leave reviews or ratings. When posting a review, you must comply with the following criteria:
i. You should have firsthand experience with the person/entity being reviewed;
ii. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
iii. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
iv. Your reviews should not contain references to illegal activity;
v. You should not be affiliated with competitors if posting negative reviews;
vi. You should not make any conclusions as to the legality of conduct;
vii. You may not post any false or misleading statements; and
viii. You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
16. MOBILE APPLICATION LICENSE
Use License
If you access the AppInApp via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
i. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
ii. Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
iii. Violate any applicable laws, rules, or regulations in connection with your access or use of the application;
iv. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
v. Use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
vi. Make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
vii. Use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
viii. Use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
ix. Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the AppinApp.
17. Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Application:
(i) The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(ii) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(iii) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(iv) You represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (b) you are not listed on any U.S. government list of prohibited or restricted parties; (c) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and (d) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
18. SOCIAL MEDIA
As part of the functionality of the AppinApp, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the AppinApp; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that
(i) We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the AppinApp via your account, including without limitation any friend lists and
(ii) We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.
(iii) Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the AppinApp. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Application.
(iv) You will have the ability to disable the connection between your account on the Application and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
(v) We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third- Party Account and your contacts list stored on your mobile device or tablet or computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Application.
(vi) You can deactivate the connection between AppInApp and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third- Party Account, except the username and profile picture that become associated with your account.
19. SUBMISSIONS
(i) You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Application (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
(ii) You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions.
(iii) You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
20. THIRD-PARTY WEBSITES AND CONTENT
The AppinApp may contain links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from AppinApp or relating to any applications you use or install from AppInApp. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
21. ADVERTISERS
(i) We allow advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements.
(ii) If you are an advertiser, you shall take full responsibility for any advertisements you place on the Application and any services provided on the Application or products sold through those advertisements.
(iii) Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Application, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
(iv) As an advertiser you understand and agree there will be no refund or other compensation for takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
22. APP MANAGEMENT
We reserve the right, but not the obligation, to:
i. Monitor the AppInApp for violations of these Terms of Use;
ii. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
iii. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
iv. In our sole discretion and without limitation, notice, or liability, to remove from the AppinApp or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
v. Otherwise manage the AppinApp in a manner designed to protect our rights and property and to facilitate the proper functioning of the AppinApp.
23. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy [link your privacy policy]. By using AppInApp, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Application is hosted in the Republic of Kenya.
If you access the AppinApp from the United States of America, European Union, Asia, Africa Australia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Republic of Kenya, then through your continued use of the Application or Services, you are transferring your data to the Republic of Kenya, and you expressly consent to have your data transferred to and processed in the Republic of Kenya.
24. COPYRIGHT INFRINGEMENTS
(i) We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
(ii) Please be advised that pursuant to Kenyan law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the AppInApp infringes your copyright, you should consider first contacting an advocate.
25. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the AppinApp. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
26. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the AppinApp at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserve the right to modify or discontinue all or part of the AppinApp without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the AppinApp.
We cannot guarantee that AppInApp will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use AppinApp during any downtime or discontinuance of AppInApp.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.
27. GOVERNING LAW
These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of the Republic of Kenya.
28. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least Thirty (30) days before initiating Arbitration before the Chartered Institute of UK Arbitrators (Kenya Chapter).
Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will proceed for Arbitration and where the dispute is NOT resolved by Arbitration. The dispute shall proceed to courts in Kenya.
The Dispute shall be commenced or prosecuted in the republic of Kenya, and the Parties hereby consent to and waive all defenses or lack of jurisdiction with respect to venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Application be commenced more than Three (3) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Binding Arbitration
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. The arbitration shall be commenced and conducted under the Chartered Institute of UK Arbitrators (Kenya Chapter) and the Arbitral award shall be final and binding upon the Parties.
If for any reason, a Dispute proceeds in the Courts of Kenya rather than arbitration, the Dispute shall be commenced or prosecuted in the courts in Kenya, and the Parties hereby consent to and waive all defenses of lack of, personal jurisdiction, and forum non-convenient with respect to venue and jurisdiction in such courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Application or Services be commenced more than Three (3) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
29. CORRECTIONS
There may be information on the Application that contains typographical errors, inaccuracies, or omissions that may relate to the Application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the AppInApp at any time, without prior notice.
30. DISCLAIMER
THE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
31. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
32. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
i. Your Contributions;
ii. Use of the Site;
iii. Breach of these Terms of Use;
iv. Any breach of your representations and warranties set forth in these Terms of Use;
v. Your violation of the rights of a third party, including but not limited to intellectual property rights; or
vi. Any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
33. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
34. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
35. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
36.CONTACT US
In order to resolve a complaint regarding the Application or to receive further information regarding use of the Application, please contact us at:
[EPIC APP LIMITED]
[ADLIFE PLAZA, NAIROBI, KENYA]
[info@epicapp.com]