TERMS OF USE


Terms of Use

Effective 13 May 2013

These Terms of Use represent the agreement between You and Uefora. By accepting these Terms of Use, You also agree with our Privacy Policy.

Privacy policy

We understand that You need to know how we are protecting Your privacy. Our Privacy Policy is available here.

Eligibility

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.

Confidentiality

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.

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

Intellectual property

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 Terms of Use 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.

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

Software Piracy

Uefora Software Piracy is stealing. If You or Your company were caught pirating Uefora software, You could be held liable under both civil and criminal law, pay a large fine, be sentenced to jail for up to two years (or both) according to applicable laws.

You can anonymously report piracy of Uefora by e-mail to info@uefora.com.

Restrictions

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.

Disclaimer

Your use of the services is at your own risk.

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.

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.

Indemnification

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 Terms of Use, and/or Your violation of any other right of any person or entity.

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 performing the services on the website or mobile application by Uefora, regardless of any notice of the possibility of such damages.

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.

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.

Nothing in these Terms of Use 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.

Limitation of Liability

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

Changes to Terms of Use

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

Notices

Any notice or other communication between You and Uefora shall be sent by e-mail to info@efora.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.

General

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

No Waiver

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.

Severance

If any provision of these Terms of Use 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 Terms of Use shall be binding.

Governing law

These Terms of Use shall be governed by and construed in accordance with Kenyan law.

Dispute resolution

You agree to make a diligent, good faith attempt to resolve any disputes or controversies relating to or arising out of these Terms of Use by informal negotiations within 30 (thirty) calendar days. During the time of informal negotiations, You agree to refrain from any action or behavior, 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 Terms of Use.

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