Non-compliance with these Terms
If a user does not comply with these Terms, Identigate may, at its discretion and with or without notice, cancel or suspend that user’s account and refuse to provide Services to that user.
Identigate reserves the right to amend or update these Terms and the Services it provides at any time with or without notice to users, and may also add new features that will be subject to the Terms. Any user who continues to use the Mobile App, Website or Services after any changes have been made will be taken to have agreed to those changes. users should therefore check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.
In order to access and use the Services, users will need to be 18 years or older be a natural person, as accounts and user logins may not be registered or accessed via bots or other automated methods; and provide certain information about themselves, including a full legal name and email address (as prompted by the Website) (“Account Information”). All users agree to provide true, accurate, current and complete Account Information, and to maintain and promptly update their Account Information in order to ensure that it remains true, accurate, current and complete.
Cancellation of accounts
Users may cancel their account by sending a notice via email to firstname.lastname@example.org. Any Fees paid are non-refundable. If a user elects to cancel its account, cancellation will not become effective unless and until no money owes on that user’s account. If you cancel the Services before the end of your current paid up year, your cancellation will take effect immediately and you will not be charged again after your expiry date. Any content cannot be recovered once your account is cancelled. Identigate is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Payments and trials
All Services are charged in advance on a monthly or annual basis and are non-refundable, including for partial months of Services, Service upgrades or downgrades or unused Services in an open account. Identigate will not be held liable in any way for any lack of refunds in connection with the Services.
Identigate may time to time open accounts for users with the users permission and such user account will be deemed to be the responsibility of the user. If a user requests an extension to their trial, this must be approved in writing by Soja.
The fees charged for the Services (“Fees”) are subject at all times to change by Identigate giving 30 days notice, which will be posted on the Website. Identigate shall not liable to users or any third party for any modification to the fees. This shall not apply to any annual plans agreed in writing with the user as per the above.
All Fees are exclusive of all taxes and the user indemnifies and holds Identigate harmless against any claims by any tax authority for any underpayment of any sales, use, goods and services, value added or other tax or levy, and any penalties and/or interest.
Each user will be responsible for all activity that results from its use of the Services. Identigate disclaims any and all liability in relation to each user’s’ use of the services, and will not be held accountable if a user suffers any loss or damage as a result of its use of the services, including (but not limited to) any loss or damage resulting from: any downgrade of the services that users may opt for and the cancellation of any user’s account.
Services are provided “as is”
The Website and Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. Identigate does not warrant that:
(a) the Services will meet your specific requirements;
(b) the Services will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Services will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or
(e) any errors in the Services will be corrected.
You acknowledge that Identigate may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide the Services. The acts and omissions of those third party suppliers may be outside of Identigate’s control, and Identigate does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier. On behalf of itself and such third party suppliers, Identigate excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.
Identigate shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Identigate has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;
(c) unauthorised access to or alteration of your transmissions or data;
(d) statements or conduct of any third party regarding the Services; or
(e) any other matter relating to the Services.
Identigate’s maximum aggregate liability under or in connection with this Agreement shall be limited to the amount of fees paid to Identigate by the relevant user per month, multiplied by 12.
Each user indemnifies, and will keep indemnified, Identigate against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Identigate may incur or be subject to or suffer as a result of the relevant user’s use of the Services.
No illegal use
No user may use the Website or Services for any illegal or unauthorised purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trademark or other intellectual property or proprietary rights of any person, entity or organisation.
No malicious use
users may only access the Website and Services through the interface provided by Identigate, and must not use the Website or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other user of the Website or Services.
Administrator Accounts and Venues
Users that create an administrator account on behalf of a client agree that they are legally authorised to do so on behalf of that client or organisation. Any unauthorised account creation on behalf of a client may result in the termination of the account and or suspension of services in the sole discretion of Identigate. Identigate may from time to time contact administrators to check or assess the bone fide of the account holder.
From time to time Identigate may refer to your use of the Soja system on our website. If you do not wish for your use to be disclosed on our website, please let us know and we will of course not make any reference to your use of Soja.
All users agree that Identigate owns all of the intellectual property rights existing in the website, services and mobile apps. However, Identigate claims no intellectual property rights in relation to the information or content uploaded to our database through the mobile apps or the website by users.
No user may publish or use Soja or Identigate brand, branding or logos except with Identigate’s prior written consent.
In the event that Identigate is requested by a user to supply an Android Phone as part of a site administrator account, such items shall legally remain the title of Identigate, even though the beneficial ownership of the device shall transfer to the user. Such devices are being supplied as part of the service and are not being sold separately to the user.
Identigate does not warrant the suitability or performance of any devices, or any other equipment being supplied to users as part of any services
Technical support and malfunctions
Identigate will try to promptly address (during normal business hours) all technical issues that arise on the mobile app, website or in connection with the services. However, Identigate will not be liable for any loss suffered as a result of any partial or total breakdown of the mobile app, website or any technical malfunctions resulting in an inability to use the services (either in whole or in part). You agree that Identigate’s support team may access your account from time to time in order to diagnose and fix problems.
Security & Privacy
Users are responsible for maintaining the security of their account and password on the website. Identigate will not be liable for any loss or damage that may result from any failure to keep usernames and passwords secure. Identigate makes efforts to keep content uploaded by users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorised access or use of that content.
Governing law and jurisdiction
These Terms shall be governed by Kenyan law, and all users submit to the exclusive jurisdiction of the courts of Kenya for any matter or dispute arising in relation to these Terms.