These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the “Simple Accounting” web application (“Application” or “Service”) and any of its related products and services (collectively, “Services”).
This Agreement is legally binding between you (“User”, “you” or “your”) and CRAFTIT Company Limited (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Application and Services.
By accessing and using the Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Application and Services.
If you are an individual, you must be at least 18 years of age to use the Application and Services. If you are a legal person, you must be dully incorporated or registered in the jurisdiction in which you conduct your business or service. By using the Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age, in the case of an individual, or dully incorporated or registered (as the case may be) the case of the case of a legal person. We shall not be liable for any loss, harm or damage suffered by you or a third party arising from any false information submitted by you in the course of opening your account.
Notwithstanding the foregoing, by opening an account with us and using the Services, you acknowledge that we may from time to time take such measures to confirm the accuracy of the information submitted by yourselves to us and that we may, upon discovery of any false information in relation to your account, take such measures, at our discretion, as may be required to discharge our obligations under the Data Protection Act (no. 24 of 2019, Laws of Kenya) and such other legislation or guidelines to which we may from time to time be subject to, including suspending or termination your account.
If you create an account in the Application, you will be responsible for maintaining the security of your account, including reviewing from time to time, your passwords, transactions made through your account, and the accuracy of any information shared and/ or uploaded by you on the Application. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
In consideration of you agreeing to abide by the terms of this Agreement, we grant you a non-transferable, non-exclusive license to use the Application and reserve all our rights the license to the fullest extent permitted by law.
You agree that you shall : (a) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Application;(b) not to make alterations to, or modifications of, the whole or any part of the Application, or permit the Application or any part of it to be combined with, or become incorporated in, any other programs save for the except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program;(c) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Application or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Application with another software program, and provided that: (i) the information obtained by you during such activities is not unnecessarily disclosed or communicated without our prior written consent to any third party; and is not used to create any software that is substantially similar to the Application and (ii) you include our copyright notice on all entire and partial copies you make of the Application on any medium; not to provide or otherwise make available the Application in whole or in part (including object and source code), in any form to any person without prior written consent from us.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Application and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any Kenyan or international laws, regulations, rules or guidelines; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Application and Services for violating any of the prohibited uses.
By using Application and Services you acknowledge that the Application may from time to time contain links to other resources (such as websites, mobile applications, etc.) (hereafter, “the Affiliate Links”). You acknowledge and agree that the presence of such links shall not constitute any approval, association, or sponsorship of any kind by the Operator of such links. You further acknowledge and agree that the Operator shall not be liable for any loss, harm or damage arising from your use or access of these links. By using the Application and Services, you acknowledge and agree that you shall prior to your use of should carefully review the legal statements and other conditions of use of any resource which you access through the Affiliate Links.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Application and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Application and Services may be the trademarks of other third parties. Your use of the Application and Services grants you no right or license to reproduce or otherwise use any of the Operator or third-party trademarks.
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Application and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural Laws of Kenya without regard to its rules on conflicts or choice of law and, to the extent applicable, the Laws of Kenya. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Kenya, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
We reserve the right to modify this Agreement or its terms related to the Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification in the Application or send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Application and Services.
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us via our email: helpdesk@craftitsolutions.com