TERMS OF SERVICE
These Terms of service govern the use of the services offered by Keffys Ltd.
By using Keffys Limited products and services, you agree to accept all the following terms of service. You must not proceed if you disagree with any of these standard Terms of service.
Your use of Keffys Limited products and services constitute your acceptance of and agreement to all the terms of service.
Minors or people under 18 years old are not allowed to use our platforms unless under the supervision of a guardian who is 18 years and above.
2. Intellectual Property Rights
Under these Terms, Keffys Ltd and/or its licensors own all the intellectual property rights and materials contained in our platforms.
You are granted a limited license only for the purpose of viewing the material contained on our platforms.
You are specifically restricted from all of the following:
a. Publishing any Keffys Ltd material in any other media.
b. Selling, sublicensing and/or otherwise commercializing any Keffys Ltd material
c. Publicly performing and/or showing any Keffys Ltd material
d. Using Keffys Ltd in any way that is or may be damaging.
e. Using Keffys Ltd material contrary to applicable laws and regulations, or in any way may cause harm to the company, or to any person or business entity.
f. Engaging in any data mining, data harvesting, data extraction or any other similar activity in relation to Keffys Ltd.
g. Using our platforms to engage in any advertising or marketing.
h. Certain areas of Keffys Ltd platforms may be restricted from being accessed by you, and Keffys Ltd may further restrict access by you to any areas of our platforms, at any time, in absolute discretion.
Any user ID and password you may have for this Keffys Ltd platforms are confidential and you must maintain confidentiality as well.
4. Your Content
In these Terms of Service "Your Content" shall mean any audio, video text, images or other material you choose to display on Keffys Ltd platforms. Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person. It must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behavior.
By displaying Your Content, you grant Keffys Ltd a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Keffys Ltd reserves the right to delete, unpublish or edit any or all of Your Content from our platforms at any time without notice.
5. Your Privacy
Please read Keffys Privacy and Data Protection Policy.
6. No warranties
Keffys Ltd is provided "as is," with all faults, and Keffys Ltd expresses no representations or warranties, of any kind related to our platforms or the materials contained on them. Also, nothing contained on our platforms shall be interpreted as advising you.
Keffys Ltd services may be affected by force majeure events which include but are not limited to natural disasters, hacking, viruses, malware or other malicious software attacks, terrorist attacks, civil war, civil commotion or riots, war, epidemics or pandemics; or extra-constitutional events or circumstances which materially and adversely affect the political or macro-economic stability of the territory as a whole. In such occurrences beyond our control, Keffys Ltd reserves the right to discontinue or alter any or all of our services, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services.
If we discontinue or alter any or all of services in circumstances not relating to force majeure, we will provide prior notice to the users of not less than fifteen (15) days with clear guidance on the way forward for the pending transactions.
We do not guarantee any commercial results concerning the use of our platforms.
7. Limitation of liability
We shall try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Updates and other notification functionality in Keffys Ltd applications or websites may not occur in real time. Such functionality is subject to delays beyond Keffys Ltd control.
In addition, to the extent permitted by applicable law, in no event shall Keffys Ltd, nor any of its parent subsidiaries, affiliates, officers, directors and employees, be liable to you or any third party under any claim at law or in equity for any consequential damages or losses whether or not they were foreseeable or Keffys Ltd was advised of such damages or losses. Keffys Ltd, including its officers, directors and employees, shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of our platform.
You hereby indemnify to the fullest extent Keffys Ltd (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your improper use of our services or your breach of any of the provisions of these Terms of service.
If any provision of these Terms is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
10. Variation and Amendments of Terms
Keffys Ltd is permitted to revise these Terms of service at any time as it sees fit, and by using our platforms you are expected to review these Terms on a regular basis.
Keffys Ltd is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms of service without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of service.
12. Entire Agreement
These Terms constitute the entire agreement between Keffys Ltd and you in relation to your use of our platforms, and supersede all prior agreements and understandings.
Without limiting Keffys Ltd’ ability to refuse, modify, or terminate all or part of our services, Keffys Ltd may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.
13. Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the Republic of Kenya, and you submit to the non-exclusive jurisdiction of the state and courts located in Kenya for the resolution of any disputes