Website Terms of Use

Please read these website terms of use carefully before using this website (hereinafter ‘website’). These website terms of use (hereinafter ‘terms of use’) govern your access to and use of the website and all the resources therein. The website is available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all of the terms of use, do not access or use the website. By accessing or using the website, you and the entity you are authorized to represent (hereinafter ‘you’ or ‘your’) signify your agreement to be bound by the terms of use.

User Eligibility

The Web Site is provided by CheckPlus Ltd and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use this Web Site.

Scope Of Terms Of Use

These Terms of Use govern Your use of the Website and all applications, software and services (collectively known as “Services”) available via the Web Site, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.

Modifications

CHECKPLUS LTD may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of CHECKPLUS LTD. CHECKPLUS LTD may also change or impose fees for products and services provided through the Web Site at any time, at its sole discretion. CHECKPLUS LTD may establish or change, at any time, general practices and restrictions concerning other CHECKPLUS LTD products and services at its sole discretion.

Privacy Notice

With respect to any individual and/or organization whose personal information is provided by You to CHECKPLUS LTD, You represent to CHECKPLUS LTD that You have obtained all necessary consents for the processing of such personal information contemplated by the Services.

Licence and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of CHECKPLUS LTD, its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in Kenya and other countries. Elements of the Web Site are also protected by trade name, trade secret, unfair competition, accreditation laws and other laws and may not be copied or imitated in whole or in part. All customized graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade name (“Marks”) of CHECKPLUS LTD, its affiliates or other entities that have granted CHECKPLUS LTD the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of CHECKPLUS LTD. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without CHECKPLUS LTD’s prior written permission or that of an appropriate third party. Except as expressly provided herein, CHECKPLUS LTD does not grant to You any express or implied rights to the Intellectual Property of CHECKPLUS LTD or that of any third party.

CHECKPLUS LTD hereby grants You a limited, personal, non-transferable, non-sub licensable, revocable licence to (a) access and use only the Web Site, Content and Services only in the manner presented by CHECKPLUS LTD, and (b) access and use the CHECKPLUS LTD servers and network services offered within the Web Site (the “CHECKPLUS LTD Systems”) only in the manner expressly permitted by CHECKPLUS LTD. Except for this limited license, CHECKPLUS LTD does not convey any interest in or to the CHECKPLUS LTD Systems, information or data available via the CHECKPLUS LTD Systems (the “Information”), Content, Services, Web Site or any other CHECKPLUS LTD property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of CHECKPLUS LTD. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by CHECKPLUS LTD.

Restrictions on Use Of The Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

• You shall not disguise the origin of information transmitted through the Web Site.
• You will not place false or misleading information on the Web Site.
• You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by CHECKPLUS LTD.
• You will not input or upload to the Web Site any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property and/or privacy rights of another.
• Certain areas of the Web Site are restricted to customers of CHECKPLUS LTD.
• You may not use or access the Web Site or the CHECKPLUS LTD Systems or Services in any way that, in CHECKPLUS LTD’s judgment, adversely affects the performance or function of the CHECKPLUS LTD Systems, Services or the Web Site or interferes with the ability of authorized parties to access the CHECKPLUS LTD Systems, Services or the Web Site.
• You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of CHECKPLUS LTD.

Links

Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by CHECKPLUS LTD of the content of such Linked Sites. CHECKPLUS LTD makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. CHECKPLUS LTD shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

Inbound Links. Linking to any page of the Web Site other than to https://www.checkplus.tech through a plain text link is strictly prohibited in the absence of a separate linkage agreement with CHECKPLUS LTD. Any website or other devices that link to https://www. checkplus.tech or any page available therein is prohibited from

• replicating Content,
• using a browser or border environment around the Content,
• implying in any fashion that CHECKPLUS LTD or any of its affiliates endorse it or its products,
• misrepresenting any state of facts, including its relationship with CHECKPLUS LTD or any of the CHECKPLUS LTD affiliates,
• presenting false information about CHECKPLUS LTD products or services, and
• using any logo or mark of CHECKPLUS LTD or any of its affiliates, without express written permission from CHECKPLUS LTD

Termination

You agree that CHECKPLUS LTD, at its sole discretion, may terminate or suspend Your use of the Web Site, the CHECKPLUS LTD Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately

• discontinue Your use of the Web Site, and
• destroy any copies You may have made of any portion of the Content. Accessing the Web Site, the CHECKPLUS LTD Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Furthermore, You agree that CHECKPLUS LTD shall not be liable to You or to any third party for any termination or suspension of Your access to the Web Site, the CHECKPLUS LTD Systems, Information and/or the Services.

Disclaimer of Warranties

CHECKPLUS LTD makes no representations about the results to be obtained from using the website, the CHECKPLUS LTD systems, the services, the information or the content. The use of same is at your own risk. The website, the CHECKPLUS LTD systems, the information, the services and the content are provided on an “As is” basis. CHECKPLUS LTD, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. CHECKPLUS LTD and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the CHECKPLUS LTD systems. No information obtained by you from the website shall create any warranty not expressly stated by CHECKPLUS LTD in these terms of use.

Limitation of Liability

To the extent permitted by law, in no event shall CHECKPLUS LTD, its affiliates, licensors, suppliers or any third parties mentioned at the web site be liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the website, the CHECKPLUS LTD systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not CHECKPLUS LTD is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for herein.

Compliance With Law including Export Control

You agree to use the Web Site in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of CHECKPLUS LTD, negatively reflect on the goodwill or reputation of CHECKPLUS LTD and You shall take no action which might cause CHECKPLUS LTD to be in breach of any laws, rulings or regulations applicable to CHECKPLUS LTD.
CHECKPLUS LTD and the Web Site are based in Kenya. Kenya, Malaysia* and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under Kenya or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).

Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of Kenya and courts in Kenya will have jurisdiction unless otherwise pre agreed by checkplus Ltd.

General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent legal jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

Contact us:

If you have any questions or concerns about this Website Termsof use or CheckPlus privacy practices, please contact us at:

CheckPlus Limited

P.O Box 15574 – 00100, GPO, Nairobi

Nairobi, Kenya

Email: info@checkplus.tech

Last updated: [14^th June 2023]