TERMS & CONDITIONS OF USE
KARIMI INTEGRATED LIMITED (“Karimi Integrated”, “We”, “Us”, “Our” which terms include all of Karimi Integrated officers, directors, shareholders, employees, and affiliates) owns and operates the Website located at (Insert Website) (the “Website”) and the Mazao Bora application (the “Mazao Bora App”, the “App”), collectively the “Services”.
- Your Acceptance
Unless otherwise agreed to in writing between you and us, by using our Services you agree to the following: This is an agreement (“Agreement“) between Karimi Integrated Limited, a limited liability company duly incorporated in the Republic of Kenya doing business as Karimi Integrated and the owner and operator of (insert website name), the Mazao Bora software, the Mazao Bora mobile applications (“Mazao Bora App“), and You, a user of our Service. Throughout this document, the words “Mazao Bora“, “Karimi Integrated“, “us“, “we“, and “our” refer to us, Karimi Integrated Limited; our site and service (Mazao Bora.org) (“Site” or “Service“), or our application, Mazao Bora App (“Application“), as is appropriate in the context of the use of the words. These Terms apply to your use of all the Services, including any applications available via the Apple, Inc.’s App Store, Google Inc.’s Google Play Store, and any other third-party application stores (collectively, the “Application Provider“).
- Mazao Bora Description of Services
Mazao Bora provides online and mobile tools for farmers. We provide tools for farmers to use. In addition, we provide resource management tools, weather updates, and intelligent reports that help you, the farmer, to better manage your farm. We will never sell or provide your personal data or farm data to another party without your explicit consent.
The Mazao Bora Services allow farmers who register for an account (“Farmers”) and agricultural businesses who register for an account (“Agents”) through the Website and/or Mazao Bora App to manage and share information among closed user groups.
The Services are designed to allow farmers to manage their farm properties and activities. In order to access the Services, You must be a registered User and You can use the Services from a computer and/or a personal mobile device if You have downloaded the Mazao Bora App.
- Permission to Use the Services
You may use the Services only if: (a) You have reached the age of majority; and (b) You can form legally binding contracts under applicable law. It is solely Your responsibility to determine whether Your use of the Services is lawful, and You must comply with all applicable laws. Karimi Integrated reserves the right to request proof of identification, residence, and age.
- User Accounts
Before using the Services, You will need to sign up for an account. During registration we require that you provide us with your full name, farm name, and email address. We may also require additional information from you if necessary. When downloading our Application, we may collect additional information such as your Unique Device ID or IP address.
After registering, Mazao Bora will provide you with a username. We have the final discretion in granting accounts and reserve the right to reject users without explanation.
We will never disclose your personally-identifying information to third parties without your consent. However, we may provide non-identifying information to third parties in an aggregate form. We may at our discretion restrict, limit, or revoke your ability to register or use Mazao Bora at any time.
- Account Registration
You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by any registration form(s) on the Services, including Your geographical location and billing address (the “Registration Data“); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, including a valid email address. If You provide any information that is untrue, inaccurate, not current or incomplete, Karimi Integrated Limited has the right to suspend or terminate Your account and refuse any and all current or future use of the Services (or any portion thereof).
Registered users will receive a password and account designation upon completing the Services registration process. You are responsible for maintaining the confidentiality of the password, account and account designation and are fully responsible for all activities that occur under Your password, account designation or account. You agree to: (a) immediately notify Mazao Bora of any unauthorized use of Your password, account designation or account or any other breach of security; and (b) ensure that You exit from Your account at the end of each session. You agree that Karimi Integrated Limited cannot and will not be liable for any loss or damage arising from Your failure to keep Your password and account secure.
The Services are not available to temporarily or indefinitely suspended registered Users. Karimi Integrated Limited’s sole discretion, to cancel unconfirmed or inactive accounts. Karimi Integrated Limited reserves the right to refuse the Services to anyone, for any reason, at any time.
- Limited License and Use of Mazao Bora
This means that you cannot sell our Service or Application anywhere else, share your license with anyone else, reverse engineer or otherwise attempt to copy our Service or Application without our express written permission. Even if we offer our Service or Application for free, you must still abide by these provisions and not copy or otherwise use our Application in a manner prohibited by this section. You obtain no ownership rights when you purchase and download our software or Application but are instead buying (or, in the case of a free download, being given) a license to install and use our software or Application within the confines of this Agreement.
- You agree not to transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion;
- You agree to provide truthful and accurate content;
- You agree not to violate any contract, rules or policies that govern the use of your mobile device, as directed by your wireless carrier and/or mobile device manufacturer;
- You agree not to transmit any malicious or unsolicited software;
- You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Mazao Bora;
- You agree not to interfere with or disrupt the operations and/or business of Karimi Integrated;
- You agree not to hack, spam, or phish us or other users;
- You agree to act within the bounds of common decency when using our website;
- You agree not to collect or store personal information about other end users;
- You agree to not violate any law or regulation, and you are solely responsible for such violations;
- You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Application, Site, or any of our Services;
- You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
- You agree not infringe upon our intellectual property rights unless you have our permission to use it in the specific manner that you used it;
- You are expressly prohibited from accessing Mazao Bora through a virtual private network or by proxy;
- You represent and warrant that you are the current or prospective owner or tenant, or are otherwise directly involved in the production of a crop from the fields for which any imagery service has been ordered;
- You agree that you will not nor allow other persons to use the imagery service for fields that you do not own or directly farm;
- You represent and warrant that you are not a coop and have not aggregated coop fields for the purpose of using the imagery service on such fields;
- You covenant not to use the imagery service on fields in a watershed project without our prior written permission;
- You represent and warrant that your fields are not in a watershed project, and you will not use or allow others to use the imagery service for a watershed project.
If you undertake any of the aforementioned actions, your privileges to use our Service may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but Mazao Bora reserves the right to suspend or terminate any account at any time without notice or explanation.
- User Content
All information, data, databases, ideas, charts, reports, articles, publications, analyses, inventions, observations, concepts, know-how, techniques, technology, text, software, photographs, graphics, video, messages, product names, company names, trademarks, logos and trade names, and other content and materials, including any intellectual property rights contained therein, posted or otherwise transmitted to the Website and/or App by viewers or Users (“User Content”), is the sole responsibility of such viewers or Users. This means that the viewer or User, and not Karimi Integrated Limited, are entirely responsible for all such User Content uploaded, posted, emailed, transmitted or otherwise made available by using the Services. Karimi Integrated Limited does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to User Content that is inaccurate or otherwise misleading. Under no circumstances will Karimi Integrated Limited be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Services.
- Restrictions on User Content and Use of the Services
You understand and agree that Karimi Integrated has the right, but not the obligation, to remove, in whole or in part, any user content or other content related to the services, including without limitation, data, account history and account content residing on Mazao Bora’s servers, at any time for any reason or no reason, with or without notice and with no liability of any kind.
In using the Website, Mazao Bora App and/or Services You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material or content that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or the App or that of any Users or viewers of the Website or the App or that compromises a User’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Services or impersonate another person or organization;
- interfere with or disrupt the Website, the App, or servers or networks connected to the Website or the App, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Mazao Bora App; or
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Mazao Bora App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional Web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
- User Content License
When you submit User Content to or via the Services, You (i) represent and warrant that the User Content is original to You and that no other party has any rights thereto, and that You retain ownership of any copyright or other intellectual property right You claim to Your submitted User Content, or (ii) You represent and warrant that You are legally entitled to post, submit, or otherwise make available the User Content and grant the foregoing license to Karimi Integrated Limited.
If You provide Karimi Integrated with any suggestions, comments or other feedback relating to any aspect of the Website, Mazao Bora App and/or Services (“Feedback“), Karimi Integrated may use such Feedback in the Website, the Mazao Bora App or in any other Karimi Integrated products or services (collectively, “Karimi Integrated Offerings“). Accordingly, You agree that: (a) Karimi Integrated is not subject to any confidentiality obligations with respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Karimi Integrated, (c) Karimi Integrated (including all of its successors and assigns and any successors and assigns of any of the Karimi Integrated Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Karimi Integrated Limited Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Karimi Integrated or any of the other Users of the Website in respect of the Feedback.
You acknowledge and agree that the Website and the Mazao Bora App may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website or the Mazao Bora App, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Karimi Integrated Limited shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and the Mazao Bora App and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website or the Mazao Bora App. It is Your responsibility to ascertain whether any information or materials downloaded from the Website or the Mazao Bora App are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Interactions with Other Users
The Services may contain the opinions, advice, statements and views of other Users. We cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our Users. Any opinions, advice, statements and views expressed or made available by Users or other third parties are those of the respective author(s) or distributor(s) and not of Karimi Integrated. Karimi Integrated neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, statement or view made on or through the services by anyone other than authorized Mazao Bora spokespersons while acting in their official capacities.
You are solely responsible for Your interactions with other Users. Karimi Integrated does not supervise or control meetings, User-initiated online or offline gatherings, or the interactions among and between You and other Users, persons or companies, including, but not limited to, Agents or Agricultural Businesses. You acknowledge that Karimi Integrated does not in any way screen any of its Users, including, but not limited to, Users such as Agents and or Agricultural Business which may use the Services to provide User Content, advice, opinions or other information to other Users.
If there is a dispute between you and any third party (including without limitation, any other user of the services), Karimi Integrated is under no obligation to become involved, and you hereby release Karimi Integrated from any claims, demands or damages of any kind and of any nature arising out of or relating to any such dispute.
- Links & Third-Party Websites
This Website (including User Content) and the App may contain links to other websites that are not owned or controlled by Karimi Integrated. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Karimi Integrated of that third party, third party product or service. Karimi Integrated is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or the App are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or the App of a link to any other website(s) does not imply that Karimi Integrated endorses or accepts any responsibility for the content or use of such websites, and You hereby release Karimi Integrated from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- Paid Services
Mazao Bora offers both free and paid subscriptions. After registering for a paid Mazao Bora subscription, you will be prompted for payment information. The price to use our Site and Service may vary. When paying, please verify that you understand the price and the terms and conditions of payment. If you are purchasing a monthly plan, please be aware that your account will be charged and automatically billed on a monthly basis without additional notice to you. We reserve the right to raise our monthly rates at any time; however, we will provide you with notice of the fee increase.
These fees and charges are described on the Website and/or the App, and in the event You elect to use paid aspects of the Services, You agree to the pricing, payment and billing policies applicable to such fees and charges, posted or linked at the Website webpage when You elect to use the paid aspects of the Services. Karimi Integrated Limited may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
At Mazao Bora, we want to make sure that you are completely satisfied with our Service. Therefore, you may cancel your account with us at any time. However, a refund may not be granted in all circumstances. Although we may grant refunds in most cases, we examine refunds on a case-by-case basis and have the sole discretion in granting or denying any refunds.
If You choose to enter into agreements and/or to make offers to purchase electronically, You acknowledge that your electronic communications are sufficient to constitute your agreement and intent to be bound by and to pay for such agreements and purchases. Your agreement and intent to be bound by electronic communications applies to all records relating to all transactions you enter into on the Website and the Services.
- Intellectual Property Rights
The design of the Mazao Bora Service along with Mazao Bora-created text, scripts, graphics, interactive features, and the trademarks, service marks and logos contained therein (“Marks“), are owned by or licensed to Karimi Integrated, and subject to copyright and other intellectual property rights under Kenyan and foreign laws and international conventions. Mazao Bora reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution of anything contained within the Site or Service unless we have given you express written permission.
- Copyright and Trademark Policies
It is our policy to respond to notices of alleged infringement that comply with the Copyright Act, 2019, of the Laws of Kenya or other applicable law and to terminate the access of repeat infringers.
You will not use the Services to offer, display, distribute, transmit, route, provide connections to, or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.
(a) Copyright Complaints
Mazao Bora respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement set forth below.
(b) Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Mazao Bora‘s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Mazao Bora that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Mazao Bora‘s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:
…………………… Copyright Agent
P.O. Box ………………
It is Mazao Bora‘s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the access of repeat infringers.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Mazao Bora will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
(d) Repeat Infringer Policy
In accordance with the Copyright Act 2019, and other applicable law, Mazao Bora has adopted a policy of terminating, in appropriate circumstances and at Mazao Bora‘s sole discretion, users who are deemed to be repeat infringers. Mazao Bora may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is repeat infringement.
- Representations and Warranties
The Services, including the Website and the Mazao Bora app, and all materials provided therein are provided “as is.” We make no representations or warranties as to the merchantability of our service or fitness for any particular purpose. Karimi Integrated specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose.
Any information or material downloaded or otherwise obtained through the use of the services is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Karimi Integrated does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third-party through the services, including through the Website or the App, or in respect to any website that can be reached from a link via the services, including the Website or the App, or featured in any banner or other advertising on the Website or the App, and Karimi Integrated shall not be a party to any transaction that you may enter into with any such third party. Karimi Integrated will not be liable for any type of content exchanged by users by means of the services. Karimi Integrated does not guarantee any results or increase in profits as a result of use of the Services.
You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this agreement or our Services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. To the extent that applicable law restricts this release of liability, You agree that we are only liable to You for the minimum amount of damages that the law restricts our liability to, if such a minimum exists. You agree that we are not responsible in any way for damages caused by third parties who may use our Services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
We are not liable for any failure of the goods or services of our company or a third party, including any failures or disruptions, untimely delivery, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our Website temporarily or permanently. The provision of our Services to You is contingent on Your Agreement with this and all other sections of this Agreement. Nothing in the provisions of this “Representations & Warranties” section shall be construed to limit the generality of the first paragraph of this section.
- Limitation of Liability
Under no circumstances shall Karimi Integrated its officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from (i) Your use of or Your inability to use the Services, including the Website and the Mazao Bora app, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies in the materials or content on the Services, including the Website and the Mazao Bora app, (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the services, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website or Mazao Bora App, (v) any errors or omissions in any material on the services, including the Website and the Mazao Bora App, or any other loss or damage of any kind arising from or relating to Your use of services, including the Website and the Mazao Bora App, (vi) any loss or damage arising from or relating to the use of Your account where you have provided any other individual with Your user name and password, (vii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, or (viii) any interruption or cessation of transmission to or from our services. These limitations shall apply even if Karimi Integrated has been advised of the possibility of such damages.
You specifically acknowledge that Mazao Bora shall not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with You. You have sole responsibility for any decisions You make based on information contained in the Services, including, but not limited to, User Content. If You use the Services, You are agreeing that this limitation of liability is reasonable and in keeping with the nature of the Services.
In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In the event of any problem with the products or services that you have purchased on or through this Website, you agree that your sole remedy, if any, is to terminate use of our site. Mazao Bora is not liable to you or to third parties for any damage, harm, injury or claim. To the maximum extent permitted by applicable law, You acknowledge and agree that Your sole and exclusive remedy for any dispute with Karimi Integrated or its licensors is to stop using the services and to cancel Your user account.
Notwithstanding anything to the contrary contained herein, Karimi Integrated limited’s liability to You for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Kenya Shillings One Thousand (Kes. 1,000.00) or (b) amounts You’ve paid Karimi Integrated limited in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
- Term, Termination and Cancellation
The initial term of this Agreement is normally for one month unless we otherwise agree (the “Initial Term“). Unless you take action within our Services to cancel or downgrade service or otherwise notify us to the contrary, this Agreement shall automatically extend for additional one-month terms (each an “Additional Term” and, with the Initial Term, the “Term“). Your hereby authorize us to charge your account for any charges, if applicable, in the Additional Term.
If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to Mazao Bora. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Availability & Updates
Karimi Integrated may alter, modify, suspend, or discontinue the Services at any time and for any reason or no reason, without notice. The Website, Services and/or Mazao Bora App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Karimi Integrated may periodically add or update the information and materials on the Services without notice. You agree that Karimi Integrated will not be liable to you or to any third party for any modification, discontinuance, or suspension of the Services, or any part thereof.
Information sent or received over the Internet is generally unsecure and Karimi Integrated cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that You use to access the Services and You are responsible for any activities or actions under Your password. You agree to keep Your password secure. Karimi Integrated will not be liable for any loss or damage arising from Your failure to comply with these requirements.
An arbitration proceeding is before a neutral arbitrator. The arbitration will be administered by the Chartered Institute of Arbitrators, Kenya Branch, pursuant to the Arbitration Act, 1995, as amended from time to time. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration will take place in Nairobi, Kenya.
- Choice of Law
This Agreement shall be governed by the laws in force in the Republic of Kenya. The offer and acceptance of this contract is deemed to have occurred in Kenya.
Except to the extent applicable law, if any, provides otherwise, Your use and access to the Services and any downloads from it, and these Terms shall be governed by, and construed in accordance with the laws of Kenya, without reference to the principles of conflicts of law. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the of the courts of Kenya and acknowledge that You do so voluntarily and are responsible for complying with all local laws. Notwithstanding the foregoing, Karimi Integrated Limited may apply to any court of competent jurisdiction to obtain injunctive relief and any other available equitable or legal remedy regarding any matter relating to its intellectual property, confidentiality or other proprietary rights.
We expressly exclude the UN Convention on Contracts for the International Sale of Goods, as amended, replaced or re-enacted from time to time.
- Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest Nairobi, Kenya.
If You bring a dispute in a manner other than in accordance with this section, You agree that we may move to have it dismissed, and that You will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
- Force Majeure
You agree that we are not responsible to You for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Mazao Bora shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. Any waiver of any right or provision by Karimi Integrated Limited must be in writing and shall only apply to the specific instance identified in such writing.
We’re always working to improve the Services for our users, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Mazao Bora website or by sending you an email. If you don’t agree with the new Terms, you are free to reject them; but that means you will no longer be able to use the Services.
These Terms will enure to the benefit of and be binding upon each of Karimi Integrated Limited and You and our respective successors, permitted assigns, licensees, heirs, executors and personal representatives.
You agree to waive any right You may have to (i) commence or participate in any class action against Us related to the Service, these Terms and/or our products and services and our third-party services and products and, where applicable, You also agree to opt out of any class proceedings against Us or Our licensors.
If You have any questions about these Terms or if You wish to make any complaint or claim with respect to the Mazao Bora App or Services, please contact us at:
Karimi Integrated Limited
Effective Date: July 2020