BUSINESS TERMS

By accepting these Business Terms, you agree and consent to Business Terms, Terms of Use and Privacy Policy which represents the entire agreement between You and Uefora Company Limited regarding the use of the services provided by Uefora Company Limited.

These documents are designated to inform You about Your rights and obligations when using the services provided by Uefora Company Limited.

1. Definitions

1.1. Company – Uefora Solutions Limited, a company incorporated and existing under the laws of Kenya, company no.: 09741277, address: 2^nd Floor Nyati House, Mombasa Kenya (hereinafter – Uefora).

1.2. You – a natural person or a legal entity who uses, subscribes, purchases relevant services or products from Uefora.

1.3. Services – the services provided by Uefora in accordance with these Business Terms, Software License terms.

2. Eligibility

2.1. To access or use the services provided by Uefora, You must be authorized representative of legal entity or at the age of majority according to the relative legislation. By accepting these Business Terms, You assure that the information You provide is accurate, complete and always present. Inaccurate or incomplete information may result in the immediate termination of Your account via Uefora.

3. Obligations

3.1. Uefora will provide the services in a competent and eligible manner and in accordance with these Business Terms.

3.2. You shall ensure to make use of the services provided by Uefora in accordance with these Business Terms and shall be responsible for any breach of it.

3.3. You must co-operate with Uefora in all matters relating to the use of services.

4. Validity

4.1. These Business Terms take effect as of the date of registration on Uefora platform and subscribing any services or products of Uefora.

5. Payment

5.1. All payments are made to Uefora M-Pesa and Cheques.

5.2. You shall transfer the payment of the full amount specified in the relevant software subscription plan or product information using one of the following payment methods: credit card (Visa, Master Card), M-Pesa if not designed in website other payment method. All amounts due under these Terms are payable in applicable and indicated currency.

5.3. Your request shall only be deemed to be accepted if Uefora has received a full payment.

5.4. You agree that, for each period, the amount set out in software subscription plan may be withdrawn automatically from the Your account.

5.5. You agree to notify immediately Uefora promptly in writing of any changes to Your billing information during the validity of these Business Terms.

6. Prices

6.1. Uefora has a right to change the prices of its software products and/or relevant subscription plans at any time at its sole discretion without prior notice.

7. Delivery

7.1. We will notify you by way of email when your order is available.  In most cases your order will be available for downloading or accessing once your payment is confirmed.

8. Refund & Return Policy

8.1. Software

8.1.1.      If You are not 100% satisfied with any Uefora software subscription plan/products, please contact us within 7 days of Your purchase to receive a refund. Your refund will be subject to a processing charge of either $50 or payment for the first month of services (calculated at the Monthly Subscription rate), whichever is less. The refund does not apply to the Lifetime license; after the software is installed on the server and/or cloud.

8.1.2.      Refunds requested more than 7 days after Your initial purchase date will not be issued unless the transaction was the result of a fraudulent purchase.

8.1.3.      If You are issued a refund, it should appear on Your credit card or PayPal statement within 72 (seventy-two) hours upon us notifying You. After receiving Your refund, You agree to uninstall and/or stop using any Uefora software product(s) for which You no longer possess a valid license. Uefora reserves the right to disable the server, account, product keys or serial numbers issued for the refunded products.

8.2. Hardware

8.2.1.      If the item is broken or not working properly, You have up to 7 working days to contact us (in other instances the money will be not refunded). If You would like to return an item, please send an email to: sales@uefora.com. We will respond with the return address and an identifying number for You to enclose with the returned item. Please note: if You do not send email within 7 working days after You receive the order, we will not be able to process Your return.

8.2.2.      We will process Your refund through Cheques after receiving the items providing, they are unused and in a saleable condition. Return shipping is paid by the buyer, unless the received item is defective or not working. Please note, buyer must send order back to Uefora via a postal service, which have tracking function.

8.2.3.      All returned items will be subject to inspection. A full refund is only processed for buyers that return items unused and returned in their original packaging. Otherwise, if a return is received in not a saleable condition and the packaging is broken, You will be charged 20% of the retail price of the item.

9. Confidentiality

9.1. You are responsible for maintaining the confidentiality of Your account and password, including but not limited to the restriction of access to Your computer/mobile device and/or account. You agree to accept full responsibility for any and all activities or actions that occur under Your account and/or password. We accept no liability for any losses or damages incurred as a result of your account details being shared by You.

9.2. You must notify Uefora immediately upon becoming aware of any breach of security or unauthorized purchase or other irregular use of Your account.

10. Intellectual property

10.1.    Uefora is, and shall be, the sole and exclusive owner of all titles, logos, trademarks and copyrights displayed on the website and mobile application, or contained in the documents and other materials that are created, made or conceived in the course of performing the services, including all intellectual property rights therein (hereinafter – intellectual property). You shall not copy, reproduce, store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other form) or exploit any intellectual property, in whole or in part, for commercial purposes or in any way that does not comply with these Business Terms or applicable laws without prior written permission of Uefora. In addition, the look of the website and mobile application, including all page headers, custom graphics, button icons, and scripts, is the trademark of Uefora and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Uefora.

10.2.    The use or misuse of Uefora trademarks or other intellectual property, except as specifically permitted by these Business Terms, is prohibited. You shall promptly notify Uefora if You recognise or suspect that any of Uefora’s intellectual property rights has been violated or infringed.

11. Restrictions

11.1.   Uefora accounts are non-transferable and funds are not refundable for active accounts. Uefora does not allow hidden tracking. You cannot use our services to track a person without their permission or the object without the owner`s permission. You cannot use Uefora services where such actions are illegal. You cannot send automatic requests to Uefora, try to mislead Uefora authentication measures, try to reverse engineer our software or our protocols and be involved in activities which damage our systems. Uefora accounts are non-transferable, and funds are not refundable for active accounts. It is Your responsibility to make sure that Your use of GPS tracking does not violate provisions of relevant legislations and You agree to accept full liability for any violation of aforementioned terms.

12. Disclaimer

12.1.    Your use of the services is at your own risk.

12.2.    You understand and agree that the services provided by Uefora are provided as is and as available, without express or implied warranty or condition of any kind. Uefora makes no representations about suitability of the services and does not warrant that: i) the services will be of satisfactory quality, uninterrupted, secure or available at any particular time or location ii) the services will not infringe the rights of third parties iii) the services will be compatible with all systems iv) the content on the website and mobile application is free of viruses or other harmful content v) the results of using the services will meet your requirements.

12.3.    No part of the website or mobile application is intended to constitute advice and the content of the website or mobile application should not be relied upon when making any decisions or taking any action of any kind.

13. Indemnification

13.1.    You agree to defend, indemnify and hold Uefora, its affiliates, directors, officers and employees harmless, including costs and attorney’s fees, from any claim or demand made by any third party due to Your use of the services, Your violation of these Business Terms, and/or Your violation of any other right of any person or entity.

13.2.    You agree that Uefora, its affiliates, directors, officers or employees shall not in any circumstances be liable for any loss of profits, business, business opportunities, revenue, reputation, goodwill, anticipated savings or wasted expenditure, any loss or corruption of data or information, any loss or liability under or in relation to any other agreement, any indirect or consequential losses or any punitive, exemplary or special damages arising from or relating to any errors or failures of the products and/or performance of the services by Uefora, regardless of any notice of the possibility of such damages.

13.3.    Uefora has no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

13.4.    Uefora shall not be liable for any failure or delay in performing any of its obligations under these Business Terms to the extent caused by any delay or failure by You in performing any of the Your obligations under these Business Terms.

13.5.    Uefora shall not be liable for any improper or incorrect understanding of the information described and/or contained herein and assumes no responsibility for anyone’s misunderstanding of such information.

13.6.    Nothing in these Business terms excludes or restricts Uefora liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the website or mobile application.

14. Limitation of Liability

14.1.    Any liability of Uefora shall be limited to rescission of sale and refund of purchase price.

15. Termination

15.1.    Your account via Uefora may be terminated by You or Uefora. You may terminate your account via Uefora at any time at Your sole discretion.

15.2.    Uefora reserves the right to terminate Your account without stating any reason. If Your account is terminated, any current or pending purchases on Your account will be cancelled.

15.3.    Uefora, also, reserves the right to cancel purchases on Your account without explanation, for any reason prior to processing the payment.

15.4.    If You violate any of these Business Terms, Uefora has a right to:

15.4.1.  terminate Your account via Uefora and Your right to use any of Uefora services; and/or

15.4.2.  require to compensate all and any direct losses including third-parties’ expenses, resulting from such violation.

16. Changes to Business Terms

16.1.    Uefora has the right to change these Business Terms at any time for any reason without prior notice. The changes will be posted on the Uefora website and mobile application. If You use the Uefora services after modification of these Business Terms, it poses as an acceptance of the updated Business Terms.

17.Notices

17.1.    Any notice or other communication between You and Uefora shall be sent by e-mail to info@uefora.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the e-mail is received in full on a business day and on the next business day if the e-mail is sent on a weekend or public holiday.

18. General

18.1.    These Business Terms, Terms of Use and Privacy Policy constitute the entire agreement between You and Uefora with respect to access and use the services provided by Uefora.

18.2.    You agree that these Business Terms, Terms of Use, Privacy Policy and other legal documents posted on the website and mobile application have been drawn up in English.

19. No Waiver

19.1.    In the event that any party to these Terms of Use fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

20. Severance

20.1.    If any provision of these Business Terms is invalid, illegal or unenforceable in any respect under any applicable legislation, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Business Terms shall be binding.

21. Governing law

21.1.    These Business Terms shall be governed by and construed in accordance with Kenyan law.

22. Dispute resolution

You agree to make a diligent, good faith attempt to resolve any disputes or controversies relating to or arising out of these Business Terms by informal negotiations within 30 (thirty) calendar days. During the time of informal negotiations, You agree to refrain from any action or behaviour, including, but not limited to actions in the media or social networks that may harm the reputation of Uefora, its affiliates, employees or clients, or cause the damage to Uefora, regardless of where and when such actions would occur. In case of failure to solve any such dispute or controversy by way of negotiations, or if negotiations do not begin, the courts of Kenya shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Business Terms.