Effective as of: Monday, 3 September 2018
1. Your Agreement with Kakbima
1.1. This website and all other related websites on which a link to these Terms of Service (the “Terms”) is displayed, and the Kakbima content and Kakbima services available on or through any of the foregoing use of the application, website, products, and services, including without limitation to apply for, purchase, and make claims under your insurance policy (collectively, our “Service”) are provided to you by Kakbima Limited, located at 4th Floor, Rhapta Heights, Rhapta Road,, Westlands, Nairobi, Kenya, Nairobi, Kenya (“Kakbima”). These Terms govern all access and use of the Service. These Terms do not govern your access and use of any Kakbima software which may be made available to you under separate license terms.
1.2. All use of the Service is subject to acceptance of these Terms. By accessing or using the Service, or any content or services provided on the Service, you are agreeing to these Terms. If you are entering into these Terms on behalf of an entity, such as your employer or the company you work for, you represent that you have the legal authority to bind, and do hereby bind, that entity to these Terms. You may not use the Service if you are a person barred from using the Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Service, or international laws or treaties. You affirm that you are over the age of 16, as the Service is not intended for children under 16. IF YOU ARE 16 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD OVER 16, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
1.3. You agree that your use of the Service is not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Kakbima or any third party regarding future functionality or features.
2. Your Account and Use of the Service
2.1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and data during the use of your account. If you become aware of any unauthorized use of your password or of your account and data, you agree to notify Kakbima immediately at [email protected]. You can also reset your password by logging into your account for the Service.
2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3. You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by Kakbima in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with Kakbima, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
2.4. You shall not access or use the Service for the purpose of bringing an intellectual property infringement claim against Kakbima or for the purpose of creating a product or service competitive with the Service.
2.5. Your account may have usage limits, as further explained on the Service or other documentation provided by Kakbima. The Service may not permit you to exceed the hard usage limits. Kakbima reserves the right to enforce soft usage limits in its sole discretion. Repeated exceeding of the hard or soft usage limits may lead to termination of your account or surcharge where applicable.
2.6. Vulnerability Reporting Service. When you use this service, Kakbima’s service will scan the images and date sets that you specify, which may be based upon code you authored, or code of others, and may generate vulnerability reports or information. You understand that any reports or other information that you receive from Kakbima about possible vulnerabilities are not guaranteed to be comprehensive, and there can be no assurance that every fault or vulnerability is discovered in a particular image or data set. You agree that Kakbima’s service should not be used as the basis to deploy systems that must be hardened or highly secure, or involve mission-critical business operations, the operation of nuclear facilities, aircraft navigation, important communication systems, medical devices, air traffic control devices, real time control systems or other situations in which an inaccuracy or error in a report or in the service could lead to death, personal injury, or physical property or environmental damage.
3. Privacy and Restrictions on Use
3.2. You agree that you will protect the privacy and legal rights of the end users of your repositories or other content stored or managed via the Service. You must provide legally adequate privacy notice and protection for such end users.
3.3. You agree that you are responsible for your own conduct, data security or otherwise while accessing or using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not allow any third party to:
3.3.1. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
3.3.2. Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
3.3.3. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any content;
3.3.4. Upload, post, transmit or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
3.3.5. Download any content posted by another user that you know, or reasonably should know, that cannot be legally distributed in such manner;
3.3.6. Submit content that falsely expresses or implies that such content is sponsored or endorsed by Kakbima;
3.3.7. Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
3.3.8. Promote or encourage illegal activity;
3.3.9. Interfere with other users' enjoyment of the Service;
3.3.10. Exploit the Service for any unauthorized commercial purpose;
3.3.11. Modify, adapt, translate, or reverse engineer any portion of the Service;
3.3.12. Remove any copyright, trademark or other proprietary rights notices contained in or on the Service or any content posted thereon;
3.3.13. Reformat or frame any portion of the web pages that are part of the Service's administration display;
3.3.14. Use the Service in connection with illegal peer-to-peer file sharing;
3.3.15. Display any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights;
3.3.16. Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or the content posted thereon or to collect information about its users for any unauthorized purpose;
3.3.17. Create user accounts by automated means or under false or fraudulent pretenses; or
3.3.18. Use the Service, or any interfaces provided with the Service, to access any Kakbima product or service in a manner that violates the Terms or other terms and conditions for use of such Kakbima product or service.
4.1. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark to those usernames. Accounts using business names and/or logos that may be considered misleading to others may be permanently suspended.
4.2. You agree that Kakbima, in its sole discretion and subject to your opt-out rights as described below, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service. You may opt out of granting Kakbima the foregoing license, or require that you and Kakbima execute a separate license agreement therefor, by providing written notice to Kakbima within five (5) calendar days of the date you enter into these Terms.
4.3. Username Squatting. You may not and may not allow any third party to engage in username squatting. Accounts that are inactive for more than six months may be terminated at our discretion and without further notice. We take into account several factors when determining what conduct is considered to be username squatting including, without limitation:
4.3.1. The number of accounts created
4.3.2. Creating accounts for the purpose of preventing others from using those account names
4.3.3. Creating accounts for the purpose of selling those accounts
4.4. Selling Usernames. You may not and may not allow any third party to buy or sell usernames.
5. User Content
5.1. Kakbima intends to, but does not guarantee that it will, display or make any User Content available on or through the Service, and Kakbima reserves the right to refuse to allow any User Content on the Service, or to edit or remove any User Content at any time with or without prior notice, if Kakbima reasonably believes that you or your User Content are in violation of these Terms or otherwise disrupt or threaten the operation of the Service. Without limiting the generality of the preceding sentence, Kakbima complies with the Digital Millennium Copyright Act, and will remove User Content from the Service upon receipt of a compliant takedown notice (see Section 16 below). You agree to immediately take down any User Content that violates the Terms, including pursuant to a take-down request from Kakbima. In the event that you elect not to comply with a request from Kakbima to take down certain User Content, Kakbima reserves the right to directly take down such User Content, or to suspend or terminate your use of the Service.
5.2. By uploading or submitting your User Content through the Service, you hereby grant Kakbima and its affiliates and partners (collectively, the “Kakbima Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free license to reproduce (including by making mechanical reproductions), reformat, distribute, publicly display, and publicly perform your User Content in connection with providing you and other users with the services, features and functionalities available on or through the Service; provided, that for any User Content that is subject to an open source license, Kakbima’s rights shall be limited to the rights granted under the applicable open source license.
5.3. The Service allows you to specify or upload the terms under which other users of the Service will be licensed to use your User Content. If you do not specify or upload such license terms with respect to any User Content, you hereby grant to any other users of the Service, a non-exclusive license to access, download, use, modify or otherwise exploit such part of your User Content for any personal or business purposes.
5.4. You are solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent, and warrant that: (i) you either own your User Content or have the necessary licenses, rights, consents, and permissions to grant the rights and licenses granted in these Terms, and (ii) the Kakbima Licensee’s exercise of the license rights set forth in this Section 6, does not and will not require obtaining a license from or paying any fees and/or royalties by Kakbima to any third party for the exercise of any rights granted in these Terms. However, the foregoing shall not be deemed a warranty by you of non-infringement of any third party patent rights.
5.5 You understand that Kakbima may scan User Content at any time to check for potential security vulnerabilities and other issues. Kakbima may request that you immediately remedy any issue it discovers in your User Content and retains the right to remove any User Content at any time without notice for any valid business or technical reasons, such as if security vulnerabilities are identified in such User Content.
5.6 You understand that User Content made available on or through the Service comes from a variety of sources and that Kakbima does not endorse and is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You understand that Kakbima cannot, and does not, review all User Content and does not endorse any User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, misleading, infringing, or otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Kakbima with respect thereto.
5.7 You agree that Kakbima has no responsibility or liability for the deletion or failure to store any User Content and other communications maintained on or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up any User Content or other communication you upload or transmit to or through the Service.
6. Proprietary Rights
You acknowledge and agree that Kakbima (or Kakbima’s licensors) own all legal right, title and interest in and to the Service. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Service (collectively, the “Kakbima Materials”) are protected by Kenya copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content owned and/or posted by you or other users, all Kakbima Materials are the copyrighted property of Kakbima or its licensors. Furthermore, all trademarks, service marks, and trade names contained in the Kakbima Materials are proprietary to Kakbima or its licensors. Except as expressly set forth herein, your use of the Service does not grant to you ownership of or any other rights with respect to any content, code, data, user comments or other materials that you may access on or through the Service. Kakbima reserves all rights to the Kakbima Materials not expressly granted in the Terms
You may choose to or Kakbima may invite you to submit comments, bug reports, ideas or other feedback about the Service, including without limitation about how to improve the Service or any other Kakbima products ("Feedback"). By submitting any Feedback, you agree that Kakbima is free to use such Feedback at its discretion and without any additional compensation to you, and/or to disclose such Feedback to third parties on a non-confidential basis or otherwise. You hereby grant Kakbima a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.
Kakbima may, and you grant Kakbima permission to, make recommendations via the Service for products or services that in Kakbima’s opinion may be of interest to you based on your User Content, and/or use of the Service.
9. Modification and Termination
9.1 Kakbima is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service may change from time to time without prior notice to you and that Kakbima may add new features and change any part of the Service at any time without notice.
9.2 You agree that Kakbima, in its sole discretion and for any or no reason, may terminate these Terms and your account for the Service. You agree that any termination of your access to the Service may be without prior notice, and you agree that Kakbima will not be liable to you or any third party for such termination. If Kakbima terminates these Terms or your access or use of the Service due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms shall be in addition to any other remedies Kakbima may have at law or in equity. Notwithstanding anything to the contrary herein, in the event of any termination by Kakbima other than due to your breach of these Terms, Kakbima may reimburse to you any fees you have prepaid for resources and services purchased hereunder, prorated to the date of such termination subject to the billing policy.
9.3 Upon any termination or expiration of these Terms, whether by you or Kakbima, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE POSTED OR SUBMITTED ON OR THROUGH THE SERVICE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU and Kakbima will have no obligation to maintain any such information in its databases or to forward any such information to you or any third party. You are solely responsible for retrieving your User Content from the Service prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your User Content.
9.4 Upon any termination of these Terms or your account, Sections 5, 6, 7, 8, 11.3, 11.4, 12, 13, 14, 15, 19 and 20 shall survive.
10. EXCLUSION OF WARRANTIES
10.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT KAKBIMA’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
10.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KAKBIMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE, USER CONTENT OR ANY APPLICATIONS OR EXTERNAL SITES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT CORRECTNESS, ACCURACY AND RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KAKBIMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE OR (D) THE SERVICE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. LIMITATION OF LIABILITY
11.1 SUBJECT TO SECTION 12 ABOVE, YOU UNDERSTAND AND AGREE THAT KAKBIMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF KAKBIMA OR A KAKBIMA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 SUBJECT TO SECTION 12 ABOVE, YOU AGREE THAT THE AGGREGATE LIABILITY OF THE KAKBIMA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO KAKBIMA UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
11.3 YOU ACKNOWLEDGE AND AGREE THAT KAKBIMA HAS MADE AVAILABLE THE SERVICE AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND KAKBIMA, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND KAKBIMA. KAKBIMA WOULD NOTE BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.
You agree to hold harmless and indemnify Kakbima and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your violation of applicable laws, rules or regulations in connection with the Service, or (c) your User Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such case, Kakbima will provide you with written notice of such claim, suit or action; will provide you the opportunity to control the defense and/or settlement of such claim, suit or action; and will provide you reasonable assistance in such defense or settlement, upon reasonable request.
13. User Disagreements
You alone are responsible for your involvement and interactions with other users of the Service. Kakbima reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with any other users of the Service, you irrevocably and forever release Kakbima (and Kakbima’s affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
14. Changes to the Terms
15. Questions, Concerns or Complaints
If you have any questions, concerns, or complaints regarding this site/our platform, please contact our designated legal team using the following details:
Title: Kakbima Legal Team
Email: [email protected]
Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.
Kakbima will take any legal complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.