Please take the time to carefully review the following terms and conditions prior to using Our Service.
Interpretation and Definitions:
Interpretation:
The terms in this agreement that are written in capital letters have specific meanings outlined under the specified conditions. These definitions apply whether the terms are used in the singular or plural form.
Definitions:
For the purpose of these terms and conditions:
- Affiliate: Refers to an entity that controls, is controlled by, or is under common control with another party, where “control” means owning 50% or more of the shares, equity interest, or other securities that have voting rights for the election of directors or other managing authority.
- Country: Denotes Kenya.
- Company: Refers to
SHOPSPHERE LIMITED
Registration Number: PVT-8LU2D8L6
P.O BOX 8020, G.P.O NAIROBI, EMBAKASI DISTRICT, EMBAKASI, AIR PORT NORTH ROAD, ASTROL BUILDING. NAIROBI-KENYA
- Device: Encompasses any device, such as a computer, cellphone, or digital tablet, that can access the Service.
- Service: Denotes the Website.
- Website: Refers to the URL accessible at https://softwareseekers.com/.
- Terms and Conditions (also referred to as “Terms”): Encompasses these Terms and Conditions, which constitute the complete agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service: Refers to any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available through the Service.
- You: Denotes the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment:
These Terms and Conditions govern the use of the Service and establish the agreement between You and the Company. They outline the rights and obligations of all users concerning the use of the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. It is important that You read and understand these Terms and Conditions before accessing or using the Service. If You disagree with any part of these Terms and Conditions, You may not access or use the Service.
You confirm that You are at least 18 years old. Individuals under the age of 18 are not permitted to use the Service provided by the Company.
Your access to and use of the Service are also subject to Your acceptance of and compliance with the Company’s Privacy Policy. The Privacy Policy outlines the Company’s practices and procedures regarding the collection, use, and disclosure of Your personal information when using the Application or the Website. It also informs You about Your privacy rights and how the law protects You. Please carefully review the Privacy Policy before using the Service.
Links to Other Websites:
The Service may include links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such websites or services.
We strongly recommend that You read the terms and conditions and privacy policies of any third-party websites or services that You visit.
Termination:
The Company reserves the right to terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability:
Regardless of any damages You may incur, the Company and its suppliers’ entire liability under any provision of these Terms, and Your exclusive remedy for all such matters, shall be limited to the amount You actually paid through the Service or 100 USD if You have not made any purchases through the Service.
To the maximum extent permitted by applicable law, under no circumstances shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in connection with the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages. Furthermore, if the above limitation of liability is deemed unenforceable, the Company’s and its suppliers’ liability shall be limited to the maximum extent permitted by law.
Please note that some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. Therefore, the aforementioned limitations may not apply to You. In such states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer:
The Service is provided to You on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, without any warranties of any kind. To the maximum extent permitted under applicable law, the Company, its Affiliates, and its and their respective licensors and service providers expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Additionally, they do not provide any warranty or undertaking and make no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free. Furthermore, the Company does not warrant or make any representations regarding the operation or availability of the Service, the accuracy, reliability, or currency of any information or content provided through the Service, or that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or the limitation or exclusion of certain liabilities. Therefore, the above disclaimers and limitations may not apply to You. However, in such cases, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law:
These Terms and Your use of the Service shall be governed by the laws of South Africa, excluding its conflicts of law rules. Additionally, Your use of the Application may be subject to other local, state, national, or international laws.
Dispute Resolution:
If You have any concerns or disputes about the Service, You agree to first attempt to resolve the matter informally by contacting the Company.
For European Union (EU) Users:
If You are a consumer residing in the European Union, You may be entitled to the protection of any mandatory provisions of the law of your country of residence.
United States Legal Compliance:
By using the Service, You confirm that You are not located in a country subject to a United States government embargo or designated by the United States government as a “terrorist supporting” country. You also confirm that You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver:
Severability: If any provision of these Terms is deemed unenforceable or invalid, such provision shall be modified and interpreted to fulfill the purpose of the provision to the fullest extent permitted by applicable law. The remaining provisions shall remain in full force and effect.
Waiver: The failure to exercise a right or require the performance of an obligation under these Terms shall not affect the ability to exercise such right or require such performance at any later time. Furthermore, the waiver of a breach shall not constitute a waiver of any subsequent breach.
Translation Interpretation:
These Terms and Conditions may have been translated for your convenience. In the event of a dispute, you agree that the original English text shall prevail.
Changes to these Terms and Conditions:
We reserve the right to modify or replace these Terms at any time, at our sole discretion. If we make any material revisions, we will make reasonable efforts to provide you with at least 30 days’ notice before the new terms take effect. Your continued access or use of the Service after the revisions become effective constitutes your acceptance of the revised terms. If you do not agree to the new terms, please discontinue using the website and the Service.
Contact Us:
If you have any questions or inquiries regarding these Terms and Conditions, you can reach out to us using the following contact information:
Email: support@softwareseekers.com
