Disclaimer

1. Introduction
2. Credit
3. Copyright Notice
4. Licence To Use Website And Mobile Applications
5. Acceptable Use
6. Limited Warranties
7. Limitations And Exclusions Of Liability
8. Variation
9. Severability
10. Law And Jurisdiction
11. Statutory And Regulatory Disclosures
12. Our Details

1. Introduction
   1. This disclaimer shall govern your use of our websites and mobile applications.
   2. By using our websites and/or our mobile applications, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our websites or mobile applications.
   3. Our websites and mobile applications use cookies; by using our websites, mobile applications, or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

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2. Credit
   1. This document was created using a template from SEQ Legal (https://www.contractology.com).

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3. Copyright Notice
   1. Copyright (c) 2019 Sungusoft Solutions.
   2. Subject to the express provisions of this disclaimer:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our websites and mobile applications, and the material on our websites and mobile applications; and
      2. all the copyright and other intellectual property rights in our websites and mobile applications and the material on our websites and mobile application are reserved.

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4. Licence To Use Website And Mobile Applications
   1. You may:
      1. view pages from our websites in a web browser;
      2. download pages from our websites for caching in a web browser; and
      3. print pages from our websites;
      4. view pages from our mobile applications and websites via your mobile devices,
      subject to the other provisions of this disclaimer.
   2. Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our websites and/or mobile applications or save any such material to your computer.
   3. You may only use our websites and mobile applications for your own personal and business purposes, and you must not use our websites and mobile applications for any other purposes.
   4. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our websites and/or mobile applications (including republication on another website and/or mobile application);
      2. sell, rent or sub-license material from our websites and/or mobile applications;
      3. show any material from our websites and/or mobile applications in public;
      4. exploit material from our websites and/or mobile applications for a commercial purpose; or
      5. redistribute material from our websites and/or mobile applications.
   5. We reserve the right to restrict access to areas of our websites and mobile applications, or indeed our whole websites and mobile applications, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our websites and mobile applications.

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5. Acceptable Use
   1. You must not:
      1. use our websites and/or mobile applications in any way or take any action that causes, or may cause, damage to the websites and/or mobile applications, or impairment of the performance, availability or accessibility of the websites and/or mobile applications;
      2. use our websites and/or mobile applications in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use our websites and/or mobile applications to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our websites and/or mobile applications without our express written consent;
      5. access or otherwise interact with our websites and/or mobile applications using any robot, spider or other automated means, except for the purpose of search engine indexing;
      6. use data collected from our websites and/or mobile applications for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
   2. use data collected from our websites and/or mobile applications for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
   3. You must ensure that all the information you supply to us through our websites and/or mobile applications, or in relation to our websites and/or mobile applications, is true, accurate, current, complete and non-misleading.

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6. Limited Warranties
   1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our websites and/or mobile applications;
      2. that the material on the websites and/or mobile applications is up to date; or
      3. that the websites and/or mobile applications or any service on the websites and/or mobile applications will remain available.
   2. We reserve the right to discontinue or alter any or all of our websites and/or mobile applications services, and to stop publishing our websites and/or mobile applications, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any websites and/or mobile applications services, or if we stop publishing the websites and/or mobile applications.
   3. To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our websites and/or mobile applications and the use of our websites and/or mobile applications.

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7. Limitations And Exclusions Of Liability
   1. Nothing in this disclaimer will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
   2. The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:
      1. are subject to Section 7.1; and
      2. govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.
   3. To the extent that our websites and/or mobile applications and the information and services on our websites and/or mobile applications are provided free of charge, we will not be liable for any loss or damage of any nature.
   4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
   5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
   6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
   7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
   8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the websites and/or mobile applications, or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

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8. Variation
   1. We may revise this disclaimer from time to time.
   2. The revised disclaimer shall apply to the use of our websites and/or mobile applications from the time of publication of the revised disclaimer on the websites and/or mobile applications.

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9. Severability
   1. If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
   2. If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

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10. Law And Jurisdiction
    1. This disclaimer shall be governed by and construed in accordance with law of Kenya.
    2. Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of Kenya.

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11. Statutory And Regulatory Disclosures
    1. We are registered in [trade register]; you can find the online version of the register at [URL], and our registration number is [number].
    2. We are subject to [authorisation scheme], which is supervised by [supervisory authority].
    3. We are registered as [title] with [professional body] in [[country]] and are subject to [rules], which can be found at [URL].
    4. We subscribe to [code(s) of conduct], which can be consulted electronically at [URL(s)].
    5. Our VAT number is [number].

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12. Our Details
    1. These websites (https://www.sungusoft.com/, https://sungufoods.sungusoft.com/, https://support.sungusoft.com/) and mobile applications (SunguFoods) are owned and operated by Sungusoft Solutions.
    2. We are registered in Kenya under registration number [number], and our registered address is at P.O. BOX 5262-00506, Nairobi, Kenya.
    3. Our principal place of business is at Nairobi, Kenya.
    4. You can contact us:
       1. by post, to P.O. BOX 5262-00506, Nairobi, Kenya;
       2. using our websites contact form;
       3. by telephone, on the contact number published on our websites from time to time; or
       4. by email, using the email address published on our websites from time to time.