Terms and Condtions

1. Introduction
2. Credit
3. Copyright Notice
4. Licence To Use Website And Mobile Applications
5. Acceptable Use
6. Registration And Accounts
7. User Login Details
8. Cancellation And Suspension Of Account
9. Your Content: Licence
10. Your Content: Rules
11. Limited Warranties
12. Limitations And Exclusions Of Liability
13. Breaches Of These Terms and Conditions
14. Variation
15. Assignment
16. Severability
17. Third Party Rights
18. Entire Agreement
19. Law And Jurisdiction
20. Statutory And Regulatory Disclosures
21. Our Details

1. Introduction
   1. These terms and conditions shall govern your use of our websites and mobile applications.
   2. By using our websites and/or mobile applications, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our websites and/or mobile applications.
   3. If you register with our websites and/or mobile applications, submit any material to our websites and/or mobile applications, or use any of our websites and/or mobile applications services, we will ask you to expressly agree to these terms and conditions.
   4. You must be at least 13 years of age to use our websites and/or mobile applications; by using our websites and/or mobile applications, or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
   5. Our websites and/or mobile applications uses cookies; by using our websites and/or mobile applications or agreeing to these terms and conditions, 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 terms and condtions:
      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 these terms and conditions.
   2. Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, 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. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our websites and/or mobile applications.
   5. 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.
   6. Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
   7. 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.
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. Registration And Accounts
   1. To be eligible for an account on our websites and mobile applications under this Section 6, you must be resident or situated in Kenya.
   2. You may register for an account with our websites and mobile applications by completing and submitting the account registration form on our websites and mobile applications, and clicking on the verification link in the email that the website will send to you.
   3. You must not allow any other person to use your account to access the websites and mobile applications.
   4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
   5. You must not use any other person's account to access the websites and mobile applications, unless you have that person's express permission to do so.

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7. User Login Details
   1. If you register for an account with our websites and mobile applications, you will be asked to choose a username (user ID) and password.
   2. Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
   3. You must keep your password confidential.
   4. You must notify us in writing immediately if you become aware of any disclosure of your password.
   5. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

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8. Cancellation And Suspension Of Account
   1. We may:
      1. suspend your account;
      2. cancel your account; and/or
      3. edit your account details,
      at any time in our sole discretion without notice or explanation.
   2. You may cancel your account on our websites and mobile applications using your account control panel or account settings on the websites and/or mobile applications.

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9. Your Content: Licence
   1. In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our websites and mobile applications for storage or publication on, processing by, or transmission via, our websites and mobile applications.
   2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to: use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media; and reproduce, store and publish your content on and in relation to our websites and mobile applications, and any successor websites and mobile applications.
   3. You grant to us the right to sub-license the rights licensed under Section 9.2.
   4. You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
   5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
   6. You may edit your content to the extent permitted using the editing functionality made available on our websites and mobile applications.
   7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

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10. Your Content: Rules
    1. You warrant and represent that your content will comply with these terms and conditions.
    2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
    3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:
       1. be libellous or maliciously false;
       2. be obscene or indecent;
       3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
       4. infringe any right of confidence, right of privacy or right under data protection legislation;
       5. constitute negligent advice or contain any negligent statement;
       6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
       7. be in contempt of any court, or in breach of any court order;
       8. be in breach of racial or religious hatred or discrimination legislation;
       9. be blasphemous;
       10. be in breach of official secrets legislation;
       11. be in breach of any contractual obligation owed to any person;
       12. depict violence in an explicit, graphic or gratuitous manner;
       13. be pornographic, lewd, suggestive or sexually explicit;
       14. be untrue, false, inaccurate or misleading;
       15. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
       16. constitute spam;
       17. be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
       18. cause annoyance, inconvenience or needless anxiety to any person.

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11. 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 terms and condtions, 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 12.1, we exclude all representations and warranties relating to the subject matter of this terms and condtions, our websites and/or mobile applications and the use of our websites and/or mobile applications.

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12. Limitations And Exclusions Of Liability
    1. Nothing in this terms and condtions 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 12 and elsewhere in this terms and condtions:
       1. are subject to Section 12.1; and
       2. govern all liabilities arising under this terms and condtions or relating to the subject matter of this terms and condtions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this terms and condtions.
    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 terms and condtions (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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13. Breaches Of These Terms and Conditions
    1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
       1. send you one or more formal warnings;
       2. temporarily suspend your access to our websites and mobile applications;
       3. permanently prohibit you from accessing our websites and mobile applications;
       4. block computers using your IP address from accessing our websites;
       5. contact any or all of your internet service providers and request that they block your access to our websites and mobile applications;
       6. commence legal action against you, whether for breach of contract or otherwise; and/or
       7. suspend or delete your account on our websites and mobile applications.
    2. Where we suspend or prohibit or block your access to our websites and mobile applications or a part of our websites and mobile applications, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

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

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15. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

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16. Severability
    1. If a provision of this terms and condtions 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 terms and condtions 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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17. Third Party Rights
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

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18. Entire Agreement
    1. Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, and disclaimer, shall constitute the entire agreement between you and us in relation to your use of our websites and mobile applications and shall supersede all previous agreements between you and us in relation to your use of our websites and mobile applications.

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

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20. 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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21. 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.