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Terms & Condition

Customer Service

This document is an electronic record in terms of National Information Technology Development Agency Act, 2015 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the National Information Technology Development Agency Act, 2015. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the Smartworldkenya.com website www.smartworldkenya.com(hereinafter referred to as "Smartworldkenya.com") and tools are governed by the following terms and conditions as applicable to Smartworldkenya.com. If you transact on Smartworldkenya.com, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with Smartworld a Bitlife Technologies Ltd product, a company incorporated under Companies and Allied Matters Act, 2015 with head office at Kimathi House, 2nd Floor, Room 207/4, Nairobi, Kenya and these terms and conditions constitute your binding obligations.

For the purpose of these terms of use, wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User.

When you use any of the services provided by Smartworldkenya.com, including but not limited to Product and Service Discovery, Purchases and Customer Reviews; you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Smartworldkenya.com reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Smartworld Online Store grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING

Membership Eligibility

Use of the Smartworldkenya.com Website is available only to persons who can form legally binding contracts under Kenya governing laws. If you are a minor i.e. Under the age of 18 years, you shall not register as a member of Smartworldkenya.com and shall not transact or use Smartworldkenya.com website. As a minor if you wish to use or transact on Smartworldkenya.com, such use or transaction may be made by your legal guardian or parents who have registered as users of Smartworldkenya.com. Smartworldkenya.com reserves the right to terminate your membership and refuse to provide you with access to Smartworldkenya.com if it is brought to Smartworld Online Store’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use Smartworldkenya.com, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete that Smartworldkenya.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Smartworldkenya.com has the right to indefinitely suspend or terminate or block access of your membership with Smartworldkenya.com and refuse to provide you with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to Smartworldkenya.com, You agree and understand that You are communicating with Smartworldkenya.com through electronic records and You consent to receive communications via electronic records from Smartworldkenya.com periodically and as and when required. Smartworldkenya.com may communicate with You by email or by such other mode of communication, electronic or otherwise.

Charges

Membership on Smartworldkenya.com is free. Smartworldkenya.com does not charge any fee for browsing and buying on Smartworldkenya.com. However, Smartworldkenya.com reserves the right to charge a fee and change its policies from time to time. In particular, Smartworldkenya.com may at its sole discretion introduce new services and modify some or all of the existing services offered on Smartworldkenya.com. In such an event Smartworldkenya.com reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Smartworldkenya.com. Unless otherwise stated, all fees shall be quoted in Kenyan Shilling. You shall be solely responsible for compliance of all applicable laws including those in Kenya for making payments to Smartworldkenya.com.

Use of Smartworldkenya.com Website

You agree, undertake and confirm that your use of Smartworldkenya.com shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

1. Belongs to another person and to which you do not have any right
2. Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" or misleading in any way.
3. Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
4. Harasses or advocates harassment of another person;
5. Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
6. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. Infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
8. Promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. Contains restricted or password­-only access pages, or hidden pages or images (those not linked to or from another accessible page);
10. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
11. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;(l) Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
12. Contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
13. Tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
14. Engages in commercial activities and/or sales without Smartworld 's prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the Sites. Throughout this Terms of Use, Smartworld “prior written consent" means a communication coming from Smartworld Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
15. Solicits gambling or engages in any gambling activity which Smartworld, in its sole discretion, believes is or could be construed as being illegal;
16. Interferes with another user's use and enjoyment of Smartworldkenya.com Website or any other individual's user and enjoyment of similar services;
17. Refers to any website or URL that, in the sole discretion of Smartworld, contains material that is inappropriate for the Smartworldkenya.com Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
18. Harm minors in any way;
19. Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
20. Violates any law for the time being in force;
21. Deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
22. Impersonate another person;
23. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
24. Threatens the unity, integrity, defense, security or sovereignty of The Federal Republic of Nigeria, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
25. Shall not be false, inaccurate or misleading;
26. Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
27. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
28. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Smartworld reserves the right to bar any such activity.
29. You shall not attempt to gain unauthorized access to any portion or feature of Smartworldkenya.com website, or any other systems or networks connected to Smartworldkenya.com Website or to any Smartworld ’s server, computer, network, or to any of the services offered on or through Smartworldkenya.com Website, by hacking, password “mining” or any other illegitimate means.
30. You shall not probe, scan or test the vulnerability of Smartworld website or any network connected to the Smartworld website nor breach the security or authentication measures on Smartworldkenya.com website or any network connected to Smartworldkenya.com Website. You may not reverse look­up, trace or seek to trace any information on any other user of or visitor to Smartworldkenya.com Website, or any other customer of Smartworldkenya.com, including any Smartworldkenya.com account not owned by you, to its source, or exploit Smartworldkenya.com Website or any service or information made available or offered by or through Smartworldkenya.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Smartworldkenya.com Website.
31. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Smartworldkenya.com Website, or any other customer of Smartworldkenya.com, including any Smartworldkenya.com account not owned by you, to its source, or exploit Smartworldkenya.com Website or any service or information made available or offered by or through Smartworldkenya.com Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Smartworldkenya.com Website.
32. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Smartworldkenya.com Website or Smartworld ’s systems or networks, or any systems or networks connected to Smartworldkenya.com.
33. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
34. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Smartworldkenya.com on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
35. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Smartworldkenya.com or others.

Solely to enable Smartworldkenya.com to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. Smartworldkenya.com will only use Your Information in accordance with the terms of use and Smartworld ’s Privacy Policy.

From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects.

36. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
37. You shall not lift (i.e. copy and paste) images of products you want to sell on Smartworldkenya.com from other websites, images to be used must be original images and not stolen images or content posted on another site. And in the event that you violate this term, you hereby indemnify Smartworld of any third party claim thereon.
38. You shall not engage in advertising to, or solicitation of, other users of Smartworldkenya.com to buy or sell any products or services, including, but not limited to, products or services related being displayed on Smartworldkenya.com or related to Smartworldkenya.com. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Smartworldkenya.com. It shall be a violation of these Terms of Use to use any information obtained from Smartworldkenya.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of Smartworldkenya.com without Smartworld ’s prior explicit consent. In order to protect our users from such advertising or solicitation, Smartworld reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Smartworld deems appropriate in its sole discretion
39. You understand that Smartworld has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Smartworldkenya.com Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Smartworld reserves the right, but has no obligation, to monitor the materials posted on Smartworldkenya.com website. Smartworld shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Smartworldkenya.com,

YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SMARTWORLDKENYA.COM WEBSITE AND IN YOUR PRIVATE MESSAGES.

Please be advised that such Content posted does not necessarily reflect the views of Smartworldkenya.com. In no event shall Smartworld assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Smartworldkenya.com. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Smartworldkenya.com, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Smartworld shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Smartworldkenya.com.

It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Smartworldkenya.com and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of Smartworldkenya.com, and that the recipient may use such information to harass or injure you. Smartworld does not approve of such unauthorized uses but by using the Smartworldkenya.com Website you acknowledge and agree that Smartworld will not be responsible for the use of any personal information that you publicly disclose or share with others on Smartworldkenya.com. Carefully select the type of information that you publicly disclose or share with others on Smartworldkenya.com.

Smartworld shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group(s) of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Smartworldkenya.com is owned, controlled or licensed by or to Bitlife Technologies Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of Smartworldkenya.com and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Smartworld ’s express prior written consent.

You may use information on Smartworldkenya.com products and services purposely made available by Smartworldkenya.com for downloading from the Site, provided that you

1. do not remove any proprietary notice language in all copies of such documents,
2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
3. make no modifications to any such information, and
4. not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Sites (collectively, "Content"). Such Content will become the property of Smartworld and you grant Smartworld Online Store the worldwide, perpetual and transferable rights in such Content. Smartworld  shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Smartworld, consistent with our Privacy Policy and Rules of Conduct on Site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

Other Businesses

Smartworld does not take responsibility or liability for the actions, products, content and services on Smartworldkenya.com website, which are linked to Affiliates and / or third-party websites using Smartworldkenya.com APIs or otherwise. In addition, Smartworldkenya.com may provide links to the third party websites of affiliated companies and certain other businesses for which, Smartworld  assumes no responsibility for examining or evaluating the products and services offered by them, and Smartworld  does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Smartworldkenya.com does not in any way endorse any third-party website(s) or content thereof.

Links

Smartworldkenya.com welcomes links to this site. You may establish a hypertext link to Smartworldkenya.com website, provided that the link does not state or imply any sponsorship or endorsement of your site by Smartworldkenya.com. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on Smartworldkenya.com, including any logos or characters, without the express written consent of Smartworldkenya.com and the owner of the mark or materials. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Smartworldkenya.com website without Smartworld ’s prior written consent.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at https://smartworldkenya.com/privacy . If you object to your Information being transferred or used in this way, please do not use Smartworldkenya.com website

Information submitted may be made available to Smartworld partners who can in turn use it for verification purposes