terms and conditions of pesa planner app

Use of Content
The use of this mobile application is subject to the following terms of use:
• The content of the pages of this mobile App, which is subject to change without notice, is for your general information and use only. You agree that you are only permitted to use this mobile App as expressly set out in these terms and conditions or otherwise on the App.
• You must be at least 18 years of age to use this App. By using this App and by agreeing to these Terms and Conditions you warrant and represent that you are at least 18 years of age.
• The information on this App is periodically updated and you should therefore check the App regularly to ensure that you have the latest information.
• This App contains material and content which is owned by Pesa Planner. Such material and content includes, but is not limited to, the design, layout, look, appearance and graphics and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Nothing in these terms and conditions shall be construed as conferring any license or other transfer of rights to you of any intellectual property or other proprietary rights of Pesa Planner or any third party and any reproduction and redistribution of the material and/or content of this App is prohibited other than in accordance with the internet copyright notice below, forming an integral part of these terms and conditions.
• You may not remove, change or obscure in any way anything on this App, or otherwise use any material obtained whilst using the App, except as expressly set out in these terms and conditions.
• You may not create a link to this App from another App, website or document without Pesa Planner’s prior written consent.
• By downloading and activating this App you agree to the terms and conditions of this Application.
General
• Your use of this App and any dispute arising out of such use of the App is subject to the laws & regulations of Kenya.
• If any provision in these terms and conditions is, by any court of competent jurisdiction, determined to be illegal or unenforceable, such provision shall be deemed to have been deleted without in any way affecting the remaining provisions of these terms and conditions.
• Pesa Planner’ failure to exercise any particular right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pesa Planner in writing.
• Pesa Planner have all absolute rights/ sole discretion to deregister/remove you from the service without prior notice and no refund of the subscription and monthly fees or any other monies paid to them if they discover any conduct contrary to the said terms and conditions or when you infringe in other people’s rights.
• We can remove any content or information if we believe that it violates these terms and conditions or our policies without notice.
• By subscribing to this App you give full rights to use the information you give us like email addresses, phone numbers and any other contact details to reach you and share any information we feel necessary for your use.
• Pesa Planner will host the subscribers’ data in their online servers where the clients can access all their information at any given time.
• The App services are charged on a monthly basis and all payments will be made through online methods and mobile money services provided by Pesa Planner.
• Failure to renew your app monthly subscription will cause a termination of the service without any prior notice.
• Pesa Planner have all the absolute right without consultations with the users to adjust the subscription fee and any other monthly fees at any time.
• All payments made to activate the service will only be used for that purpose.
• All payments made to the App service are not refundable.
• Having paid for the license fee/monthly fees doesn’t warrantee that the app service will be 100% stable, bugs maybe experienced as described in these terms and conditions but Pesa Planner will debug any technical issue within the shortest time possible
Termination of this agreement shall not relieve you or your organization from any payments or fines that may have arisen prior to the termination of this contract
Indemnity
• Unauthorized use of this App or non-compliance with the present terms and conditions may give rise to a claim for damages and/or be a criminal offense. You hereby agree to fully indemnify and to hold harmless Pesa Planner from and against any claim brought by a third party resulting from your use of this Mobile App, and in respect of all losses, costs, actions, damages, expenses or liabilities whatsoever suffered or incurred directly or indirectly by Pesa Planner in consequence of such use or your breach or non-compliance of the present terms and conditions, this is to all the App Users.
Disclaimer
• The information contained in this App is for general information purposes only and is provided by Pesa Planner on an “as is” basis.
• Your use of any information or materials on this App is entirely at your own risk, for which Pesa Planner shall not be liable. While Pesa Planner endeavors to keep the information up to date and correct, it shall be your own responsibility to ensure that any products, services or information available through this App meet your specific requirements and are suitable for your purposes.
• Neither Pesa Planner, nor any third parties, provides any warranty or guarantee, express or implied, as to the accuracy, timeliness, performance, completeness, availability or suitability with respect to this mobile App or the information and materials, such as products, services or related graphics, contained, found or offered on this App for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and you are, furthermore, fully aware that Pesa Planner expressly excludes, to the fullest extent permitted by law, any legal liability or responsibility for any such inaccuracies or errors and that, hence, any reliance you place on such information is strictly at your own risk.
• All trademarks reproduced in this App, which are not the property of, or licensed to Pesa Planner, are acknowledged on this Application.
• From time to time this App may also include links to other Applications and websites. These links are provided solely for your convenience to provide further information. They do not signify that Pesa Planner endorses said Apps and website(s) and Pesa Planner assumes no responsibility for the content of any such linked Apps/website(s) or for any third party content otherwise included in this App/website.
• In no event will Pesa Planner be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this mobile Application.
• Every effort is made to keep this mobile Application up and running smoothly and to secure the availability of Pesa Planner app App. However, Pesa Planner takes no responsibility, and will not be liable, for the application being temporarily unavailable due to technical issues beyond Pesa Planner control and any required maintenance performed without prior notice causing temporary interference in the availability of the App, things beyond our control, including acts of god (for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, government orders, server breakdowns and crashes etc.
• Pesa Planner shall not be liable for any special, indirect or consequential damages, whether in contract, negligence or tort, arising out of or in connection with your use of this mobile Application, or of the content therein.
• Subscribers to this app should implement appropriate safeguards to secure their devices and to back-up their information stored on them.
Privacy policy
Pesa Planner usage of your personal information is governed by Pesa Planner’ Privacy Policy
We will only collect and use your personal data as outlined in our terms and conditions and privacy policy. We will use your data to service your account and send you any information we feel is necessary for you regarding the services offered by the app. We won’t sell your data or use it inappropriately. It’s our responsibility to protect against unauthorized access, destruction, use, or disclosure of your data.
• The information that we collect from you whether personal or otherwise will be filtered out according to its purpose and used appropriately.
• The personal information we collect will be solely with the objective of fulfilling those purposes specified by Pesa Planner and for other reasonable purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfilment of those purposes.
• By accepting to this terms and privacy policy Pesa Planner has the right to use the information to communicate to you in any form it feels suit to reach you.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date, incase you give false data Pesa Planner has the absolute right to deregister you from the App service since that will be a sign of fraud or conning.
• Pesa Planner will use reasonable security measures to protect personal information and safeguard it against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• Pesa Planner will make readily available to customers, information about our policies and practices relating to the management of personal information.
• Pesa Planner is fully committed to conducting its business in accordance with these principles in order to ensure that the confidentiality of personal information is fully protected, maintained and used for the right and designated purpose.
• At any time you can access your Pesa Planner account and make changes to your personal information to correct it or add more info if necessary. Whatever changes you make is the information that we use at any time.
• Non-Personally Identifiable Information is information that does not identify a specific End User. This type of information may include things like the Uniform Resource Locator (“URL”) of the App you visited before coming to our Pesa Planner app App, the URL of the App you visit after leaving our App, the type of browser you are using and your Internet Protocol (“IP”) address. We, and/or our authorized Third Party Service Providers and Advertisers, may automatically collect this information when you visit our App through the use of electronic tools like Cookies and Web beacons or Pixel tags. We use Non-Personally Identifiable Information to troubleshoot, administer the App, analyze trends, gather demographic information, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third Party Service Providers and Advertisers to measure the overall effectiveness of our online advertising, content, and programming.
• This Privacy Policy was updated in January 2018. By continuing to use our services, our users confirm their continuing acceptance of any updates to this Privacy Policy we encourage all users of Pesa Planner App to frequently be checking on the terms of use and the privacy policy for their personal updates.
• You can always talk to us through afrisearchplanner@gmail.com at all times or through our office lines 0720 264 561, 0720 264 569