OUR TERMS OF SERVICE
What Is Terms Of Service?
Terms of Service (ToS)—also known as Terms and Conditions or Terms of Use—are a set of rules and guidelines that outline the rights, responsibilities, and obligations of both the service provider (usually a business or organization) and the users who access or use the service. These terms form a legally binding agreement between the service provider and the users.
As a business, we ensure that our terms are both business-oriented and customer-focused, designed to provide you with superior and long-term service. Our commitment is to create a balanced framework that not only supports our business objectives but also prioritizes your satisfaction and success as our valued customer
Introduction
Welcome to SHIFTECH AFRICA LIMITED ("we," "us," or "our"). By accessing or using our services, including but not limited to our website, software applications, and consulting services (collectively referred to as "Services"), you agree to comply with and be bound by the following terms and conditions ("Terms"). If you do not agree with these Terms, please do not use our Services.
1. Use of Services
1.1. Eligibility
By using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
1.2. Account Registration
To access certain features of our Services, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up-to-date.
1.3. Account Security
You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
2. Provision of Services
2.1. Service Availability
We aim to provide the best possible service, but we do not guarantee that our Services will always be available, uninterrupted, or error-free. We may suspend or discontinue any part of our Services at any time with a notice of 14 working days.
2.2. Service Modifications
We reserve the right to modify, update, or discontinue any aspect of our Services at our sole discretion. We will notify you of any material changes, and your continued use of the Services after such changes constitutes your acceptance of the modified Terms.
3. Fees and Payment
3.1. Service Fees
Certain Services may require payment of fees. You agree to pay all applicable fees for the Services you select in accordance with the terms set forth at the time of purchase.
3.2. Payment Terms
Payment terms, including billing frequency and due dates, will be specified at the time of purchase. Failure to pay fees on time may result in the suspension or termination of your access to the Services.
3.3. Refund Policy
Refunds for paid Services, if any, will be subject to our refund policy, as outlined in the specific terms applicable to those Services.
4. Intellectual Property
4.1. Ownership
All content, software, designs, and materials provided through our Services are the intellectual property of SHIFTECH AFRICA LIMITED or our licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes only.
4.2. Restrictions
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
5. User Conduct
5.1. Prohibited Activities
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable laws.
- Disrupt, interfere with, or attempt to gain unauthorized access to any part of our Services.
- Transmit any viruses, malware, or other harmful content through our Services.
- Engage in any activity that could damage, disable, or impair the functionality of our Services.
5.2. User Content
If you submit any content to our Services, including feedback, suggestions, or other materials, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute such content in connection with the operation of our Services.
6. Confidentiality
You agree not to disclose any confidential information obtained through your use of our Services without our prior written consent. Confidential information includes any non-public information related to our business, Services, or clients.
7. Limitation of Liability
To the maximum extent permitted by law, SHIFTECH AFRICA LIMITED shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your use or inability to use our Services.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any bugs, viruses, or other harmful content that may be transmitted to or through our Services.
8. Indemnification
You agree to indemnify and hold harmless SHIFTECH AFRICA LIMITED, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your use of the Services.
- Your violation of these Terms.
- Your violation of any third-party rights, including intellectual property or privacy rights.
9. Termination
9.1. Termination by You
You may terminate your account and cease using our Services at any time by following the procedures outlined in your account settings or by contacting us.
9.2. Termination by Us
We may suspend or terminate your access to the Services at our sole discretion, with or without notice, if you violate these Terms or if we reasonably believe termination is necessary to protect our interests or those of our users.
9.3. Effect of Termination
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Any fees paid for Services are non-refundable, except as otherwise stated in these Terms.
10. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of KENYA, without regard to its conflict of law principles. Any disputes arising under these Terms shall be resolved through arbitration in accordance with the rules of Land, and the arbitration shall take place in Nairobi, KENYA.
11. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or through other communication channels. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
12. Miscellaneous
12.1. Entire Agreement
These Terms constitute the entire agreement between you and SHIFTECH AFRICA LIMITED with respect to your use of our Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
12.2. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.3. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
13. Contact Us
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