Terms and Conditions

Terms and Conditions

Last updated: May 30th, 2023 Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.teleeza.africa website (the “Service”) operated by Teleeza Africa Limited (“us”, “we”, or “our”).

We, Teleeza Africa Limited of Post Office Box Number 2270 - 00621 Nairobi, Kenya license you to use:

• The Teleeza mobile application or website (both referred to as the “App”) and any

updates or supplements to it.

• The service you connect to via the App and the content we provide to you through it

(“Service”).

as permitted in this agreement.

Privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Google Play and Apple App Store’s Terms Apply

The ways in which you can use the App may also be controlled by the Google Play or Apple App Store's rules and policies and Google Play or Apple App Store 's rules and policies will apply instead of these terms where there are differences between the two.

Support

If you want to learn more about the App or have any problems using it please take a look at our FAQs. The FAQs are available via the App or at www.teleeza.africa.

Contacting us. If you think the App or the Services have an issue or if you wish to contact us for any other reason please email our customer service team at support@teleeza.africa, info@teleeza.africa or call us on +254 706 122 122, +254 714 627 627.

Contacting you. If we have to contact you we will do so by email or using any alternative contact details you have provided to us.

Age restriction

You must be 18 or over to accept these terms.

Changes to these Terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will endeavour to give you at least 30 days’ notice of any change by sending you an email or in-App notification as appropriate with details of the change or notifying you of a change when you next start the App. If you do not accept the notified changes you may not be permitted to continue to use the App and the Service.

Updates to the App and Changes to the Service

We may update the App and the Service from time to time and may add, remove or change features of the App and the Service. We will endeavour to give you reasonable notice of any such changes.

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.

Collection of Technical Data About Your Device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware, and peripherals to improve our products and to provide any Services to you.

WE ARE NOT RESPONSIBLE FOR CONTENT FROM THIRD PARTIES

The App and Service WILL contain links to other independent websites which are not provided by us. Teleeza is all about aggregating content from the web and delivering it to you in a convenient way. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgment about whether to use any such independent sites, including whether to buy any products or services offered by them.

You may change the App preferences at any time to ensure that you always receive the content you want.

License Restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
• not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that they may be required by a written law because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• is kept secure; and;
• is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable Use Restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual Property Rights

All intellectual property rights in the App, the Documentation, and the Services throughout the world belong to us or our licensors and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

Liability

We shall not be liable in contract, tort or otherwise for any direct, indirect, or consequential loss or damage sustained by you or any third party as a result of your use.

Of the App and the Services, including but not limited to any loss or damage resulting from any defects, delays, interruptions, errors, inaccuracies, or failures in the App or the Services.

We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions. You are advised to always have anti-virus software installed on your phone or device at all times and to keep your phone and device firmware up-to-date.

The App is for domestic and private use. If you use the App for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The App and the Services are provided for general information and entertainment purposes only. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties, or guarantees, whether express or implied, that such information is accurate, complete, or up-to-date.

We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.

If our provision of the Services or support for the App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay.

Breach of the Terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorized by these terms, including your use of the App and any Services.
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

Assignment and Novation

We may transfer our rights and obligations under these terms to another person or entity. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

Severability

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Non-waiver

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Governing Law and Arbitration

These terms and conditions shall be governed in accordance with the laws of Kenya and its validity construction and effectiveness shall be governed and enforced pursuant to the substantive laws of Kenya. The parties agreed that all legal proceedings in connection with the enforcement, construction, interpretation, breach, or violation of this agreement shall be referred to arbitration by the Kenyan branch of the Chartered Institute of Arbitrators, in accordance with the provisions of the Arbitration Act, 1995, and or any other statutory modifications made thereto. The arbitration proceedings shall be done in Nairobi, Kenya.

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