Terms.

General

The Platform is the proprietary property of Haba Haba Creative Limited ("Haba Haba"). It is protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.

You agree that violations by you, or any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law of Kenya.


Age and nature of the user

The Platform may not be used by any automated device or automated computational machine. The Platform may only be used or accessed through an electronic device under the manual control of User at all times.


Limited Liability

Under no circumstances, including negligence, shall Haba Haba (including, its agents, its clients, its servants, officers, directors and employees) or any one else involved in creating, producing or distributing the Platform or Haba Haba’s services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Platform; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Platform or the Platform’s records, programs or services. This paragraph shall apply to all content and functionality of the Platform.

Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate Kenya Shilling amount which User paid directly to Haba Haba during the order process.


Service reliability and warranties

Haba Haba makes no warranties or representations of any kind, whether expressed or implied for the Platform.

User's use of the Platform is at User's sole risk. Neither Haba Haba, its employees, directors, affiliates, agents, third party information providers, merchants licensers, partners or the like, warrant that the Platform will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Platform or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Platform, unless otherwise expressly stated in this Agreement.

Damages claims for unavailability of the Platform against Haba Haba are expressly limited to the pro-rata portion of any contract period charge pre-paid by the User directly to Haba Haba for the period of the system unavailability. "System unavailability" shall be narrowly defined as an unscheduled outage of more than 24 (twenty four) hours, but in no case shall include outages for maintenance, upgrade or repair where Users are provided notice of such outages in advance.

Under no circumstances will Haba Haba bear any responsibility for any damages arising as a consequence of such unavailability.


Contract revisions and applicable legal jurisdiction

Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use or access the Platform in any way. Haba Haba reserves all rights for changes and/or modifications to the Platform and/or its rates and will communicate these changes to the User within 30 (thirty) days of their effect.

This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in Kenya. This Agreement shall be governed and construed in accordance with the laws of Kenya and no party shall object to removal or prosecution of any litigation to a court in Kenya.


Termination

Haba Haba may terminate the Platform without cause, by giving User 30 (thirty) days written notice.

Notwithstanding the above, Haba Haba may terminate the Platform at any time, without penalty and without notice, if the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to the Platform. Haba Haba may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in Kenya.

Upon notice of termination of access to the Platform either by Haba Haba or by User, Haba Haba has the right to delete all data, files, or other information that is stored in the User's account for any reason.


Effective from: Sep 9, 2015