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1.1 These are the terms and conditions on which we, Suadeo Technologies Limited (Suadeo), a company registered under the Companies Act, 2015 and its product for purposes of this agreement “Sinatabu” (“terms” or “contract”) in the Republic of Kenya. 1.2 Please read these terms and conditions carefully before you submit your requests to us. These terms tell you who we are, how we provide products to you, how you and we may change or end the contract or what to do if there is a problem with your queries and other important information. 1.3 By accessing the website, you confirm and agree that you understand and accept these terms which are legally binding upon you and create a contract between you and us. 1.4 We reserve the right, to change, modify, add, or remove portions of these terms and conditions at any time. In this event any new changes will take effect from the date when the new terms are posted on the website.
2.1 The website is an online service that allows users to create and publish queries, to view queries published by other users, to communicate with other users using the contact details provided in the queries. 2.2 Sinatabu itself is not an importer, manufacturer, distributor or seller of any item, as well as not a provider of any service posted by users on the website. In addition, Sinatabu is neither a marketer nor a person acting on the user's behalf with respect to the marketing of any goods or services posted on the website. The actual sale and purchase contracts or services contracts are entered into directly between the buyer and the merchants and Sinatabu itself is not a party to such transactions. Sinatabu provides the buyer and the merchants with an opportunity to communicate. 2.3 Each user of the Service is solely responsible for any and all his or her User Content (as defined below). Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Service users are solely between you and such user. You agree that Sinatabu will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Merchant, we are under no obligation to become involved. 2.4 Sinatabu retains the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Sinatabu’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that Sinatabu has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services. 2.5 The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, "Third Party Ads"). Such Third-Party Ads are not under the control of Sinatabu and Sinatabu is not responsible for any Third-Party Ads. Sinatabu provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by online properties to which the Third Party Ads lead, may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third party online properties, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such third party. 2.6 Sinatabu reserves a right to delete or block access to queries posted by users without any notice in the event of:
(i) receiving of mandatory judgments of competent public authorities; (ii) claim of a holder of intellectual property rights to terminate infringement of his/her rights by a user on the website; (iii) infringements of rights or legal interests of other users, legal entities, or individuals upon their reasonable request; (iv) detecting that query posted by a user on the website breaches these Terms or any applicable law, regulation, rule or standard.2.7 You acknowledge that the products and services displayed on this website are not owned or manufactured by us but by third party suppliers. 2.8 The images of the products on our website are for illustrative purposes only as provided by third party suppliers. Although we have made every effort to have the products and services displayed accurately (including the colours), we cannot guarantee the image fully reflects the products and as such, your product may vary slightly from those images.
3.1 Prices of products and services be indicated on the queries pages when you place your queries with the respective Merchant. 3.2 You are sole responsibility for all legal and regulatory obligations arising from placing an queries for a product on our website. 3.3 The prices for the products and services are set directly by the Merchant and not by Sinatabu. The payments are to be made directly to the respective Merchant. 3.4 The buyer is encouraged to check the goods before payment and to request the seller/merchant to provide documents confirming compliance of the goods/services with applicable requirements of laws. Regulations, rules, guidelines, standards.
4.1 In queries to use certain features of the Service you may need to register an account on the website (the “Account”) and provide certain information about yourself as prompted by the registration form. 4.2 You may create an Account as an individual or as an authorized representative of a company. 4.3 You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details. 4.4 You hereby represent and warrant to us that you have reached the age of majority or are accessing the service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian read and agree to these Terms prior to you using the Service. 4.5 We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these terms. 4.6 You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You hereby represent and warrant (which representations and warranties shall be deemed to be repeated by you on each time you access or use the website) that: 5.1 The information you have provided in your account opening form or otherwise under contract is current, accurate, truthful and complete; 5.2 You have full power, authority and capacity to execute and deliver this contract, each transaction and any other documentation relating thereto, and to perform your obligations under this contract and have taken all necessary action to authorize such execution, delivery and performance; 5.3 You shall be fully and directly responsible to us for all of the liabilities and obligations incurred by us under this contract; 5.4 Any execution, delivery and performance of a transaction shall not violate or conflict with any law applicable to you, your constitutional documents or any charge, trust deed, contract or other instrument or any contractual restrictions applicable to, binding on or affecting you or any of your assets or oblige you to create any lien, security interest or encumbrance; 5.5 All governmental, regulatory and other consents that are required to have been obtained by you in relation to this contract have been so obtained and are in full force and effect and all conditions of any such consents have been complied with; 5.6 You shall comply with all laws, rules, regulations and disclosure requirements of any relevant jurisdiction or regulatory authority which apply in respect of us or you from time to time; 5.7 You shall promptly give (or procure to be given) to us such information and assistance as we may reasonably require from you to enable us to perform this contract; 5.8 You have been and are compliant with all tax and reporting obligations relating to this contract; and 5.9 If you are a corporate entity, no queries has been made or resolution passed or petition presented for your winding up or for a provisional liquidator to be appointed in respect of you and no meeting has been convened for the purpose of your winding-up and no receiver has been appointed in respect of you or of all or any of your assets.
6.1 All information, content, materials, products and other services included on or otherwise made available to you through the website are provided on an “as is” and “as available” basis, unless otherwise specified in writing within the website. Sinatabu makes no representations or warranties of any kind, express or implied, as to the operation of the website, or the information, content, materials, products or other services included on or otherwise made available to you through the website, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk. 6.2 Notwithstanding anything contrary in these terms and conditions, in any event Sinatabu and its Affiliates shall not be liable (whether in contract, warranty, tort (including, but not limited to, negligence), product liability or other theory), to you or any other person or entity for any indirect, incidental, special, consequential, punitive or exemplary damages (including damages for loss of revenues, loss profit or anticipated profits, loss of goodwill, loss of business or data) arising out of or in relation these terms and conditions. Sinatabu’s entire liability to you under these terms and conditions or under any applicable law or equity shall be limited solely to actual and proven direct damages sustained by you a result of the gross negligence or wilful misconduct of Sinatabu and its Affiliate and their respective directors, officers, employees and agents in the performance of their respective services and other obligations under these terms and conditions. In no event shall Sinatabu be liable, vicariously or otherwise, to you or any third party claiming through you for any losses, damages, liabilities, costs (including reasonable legal costs) and expenses (including taxation) which are in the aggregate in excess of the amounts paid by you to Sinatabu for the products. 6.3 For purposes of this clause 6, “Affiliate”shall mean any person or entity directly or indirectly through one or more intermediary Controlling, Controlled by, or under direct or indirect common Control with Sinatabu and “Control”, “Controlled” or “Controlling” shall mean, with respect to any person or entity, any circumstance in which such person or entity is controlled by another person or entity by virtue of the latter person or entity controlling the composition of the board of directors or managers or owning the largest or controlling percentage of the voting securities of such person or entity or otherwise controlling the other. 6.4 Sinatabu has no control over and does not guarantee the existence, quality, safety or legality of goods and services published by users on the website; the trustworthiness or accuracy of information provided by users on the website. Sinatabu makes no guarantees concerning that manufacturing, import, export, offer, displaying, purchase, sale, advertising and/or use of products or service, which are offered or displayed on the website do not infringe any third parties’ rights. Therefore, Sinatabu expressly disclaims any liability in connection to materials and information posted by the Merchants on the platform.
7.1 The use of this website or certain services may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the website is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us in writing of any unauthorized use of your password or account. 7.2 We shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. During the registration process you agree to receive promotional emails from the website. You can subsequently opt out of receiving such promotional e-mails in the manner prescribed by clicking on the link at the bottom of any promotional email. 7.3 Your personal information will be required by us to provide the services. By using the website, you hereby grant us to use such personal information to provide the services. You also grant us the authority to provide such information to third party suppliers and providers who we may engage to provide services.
8.1 If you wish to authorize any person (provided that such person has capacity to enter into contracts) to give instructions on your behalf please notify us in writing by completing and delivering to us our standard agent authorization form. All appointments of authorized persons shall be at our discretion and we may cease to recognize the authority of any authorized person at our absolute discretion. Unless otherwise expressly excluded by Sinatabu, all corporate customers must appoint an authorized person and proof of such appointment shall be provided to us on demand. Unless and until we are informed in writing that the authority of any authorized person has been withdrawn, any action taken by us in conforming to instructions given under such authority shall be binding on you and these terms shall be binding upon your authorized person. 8.2 We may act on instructions given by authorized persons and may disclose account balances and any other details about your account or transactions to authorized persons. 8.3 We shall not be liable to you in respect of any loss whatsoever and howsoever arising from effecting instructions given by or otherwise dealing with an authorized person and you shall solely be responsible for:
a) entering into agreements with us for the provision of further products or services which they consider to be in your interests; b) giving us instructions and setting up security procedures for giving instructions in connection with services and products; and c) changing the authorized persons at any time.
9.1 You agree to indemnify and hold Sinatabu, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and advocates’ fees, made by any third party due to or arising out of:
(i) your use of the website; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the website or your violation of terms of such transaction.Sinatabu reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
10.1 In no event shall we (and our affiliates) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms or your use of, or inability to use, the service, or third-party ads, even if we have been advised of the possibility of such damages. Access to, and use of, the service, and third-party ads are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom. 10.2 Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of the administrator to you for any and all claims arising from the use of the service, content of queries, is limited to the lesser of the amounts you have paid, if any, to us during the six (6) month period prior to any cause of action arising.
11.1 The interpretation, construction and effect of this terms and conditions shall be governed by and construed in all respects in accordance with the laws of Kenya. 11.2 The parties hereby submit to the non-exclusive jurisdiction of the courts of Kenya.
12.1 Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. 12.2 We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment. 12.3 If we fail to take an action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms. 12.4 In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator's reasonable control.
Sinatabu is firmly committed to protecting the privacy of your personal information. By using the Service, you acknowledge and agree that Sinatabu’s collection, usage and disclosure of this personal information is governed by the Data Protection Act, 2019 Kenya.
This Merchant User Agreement ("Agreement") is between you, the user, together with any company or other business entity you are representing, if any and Suadeo Company Ltd.a company registered under the Companies Act, 2015 and its product for purposes of this agreement “Sinatabu”. The terms “we”, “us” or “our” shall refer to Sinatabu, The terms “you”, “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. By signing up for a Sinatabu Account (as defined in Section 1 below) or by using any Sinatabu’s Services (as defined below), you are agreeing to be bound by the following terms and conditions (the “Terms of Service”). The services offered by Sinatabu under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”) by enabling you to create and build your own online account. Any such services offered by Sinatabu are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://www.sinatabu.com/terms.php. Sinatabu reserves the right to update and change the Terms of Service by posting updates and changes to the Sinatabu website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. and if you do not accept such amendments, you must cease using the Services. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Sinatabu or any Sinatabu services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1. To access and use the Services, you must register for a Sinatabu account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Sinatabu may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. 2. You must be the older of:
(i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.3. You confirm that you are receiving any Services provided by Sinatabu for the purposes of carrying on a business activity and not for any personal, household or family purpose. 4. You acknowledge that Sinatabu will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Sinatabu and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Sinatabu can only be authenticated if they come from your primary Account email address. 5. You are responsible for keeping your password secure. Sinatabu cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. 6. You acknowledge that you are responsible for the creation and operation of your Sinatabu Stand. 7. Sinatabu is not a marketplace. Any contract of sale through your Sinatabu Stand is directly between you and the buyer. 8. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”). 9. A breach or violation of any term in the Terms of Service, as determined in the sole discretion of Sinatabu may result in an immediate termination of your Services.
2.1 Stand Owner 1. The person signing up for the Service by opening an Account will be the contracting party (“Stand Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Stand Owner in connection with the Service. You are responsible for ensuring that the name of the Stand Owner (including the legal name of the company that owns the Stand, if applicable) is clearly visible on. 2. Your Sinatabu Stand can only be associated with one Stand Owner. A Stand Owner may have multiple Sinatabu Stands. “Stand” means the online stand on the Sinatabu platform associated with the Account.
You must read, agree with and accept all of the terms and conditions contained in these Terms of Service. 1. Technical support in respect of the Services is only provided to Sinatabu Users. 2. The Terms of Service shall be governed by and interpreted exclusively in accordance with the laws of Kenya applicable therein, without regard to principles of conflicts of laws. 3. You acknowledge and agree that Sinatabu may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Sinatabu’s website, available at https://www.sinatabu.com/terms.php and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Sinatabu’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service. 4. You may not use the Sinatabu Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Kenya. You will comply with all applicable laws, rules and regulations in your use of the Service and your performance of obligations under the Terms of Service. 5. The Sinatabu API License and Terms of Use at https://www.sinatabu.com/terms.php govern your access to and use of the Sinatabu API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure. 6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission by Sinatabu. 7. Questions about the Terms of Service should be sent to Sinatabu Support. 8. You acknowledge and agree that your use of the Services, including information transmitted to or stored by Sinatabu, is governed by its privacy policy at https://www.sinatabu.com/terms.php 9. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Sinatabu’s Terms of Service available in another language, the most current English version of the Terms of Service at https://www.sinatabu.com/terms.php will prevail. Any disputes arising out of these Terms of Service will be resolved in English unless otherwise determined by Sinatabu (acting in its sole discretion) or as required by applicable law. 10. All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. Sinatabu shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without Sinatabu’s prior written consent, to be given or withheld in Sinatabu’s sole discretion. 11. If any provision, or portion of the provision, in these Terms of Service is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms of Service, and the Terms of Service will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms of Service.
1. We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction. 2. We reserve the right to refuse service to anyone for any reason at any time. 3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Stand, or the Materials uploaded or posted to a Stand, violate our Terms of Service. 4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Sinatabu customer, Sinatabu employee, member, or officer will result in immediate Account termination. 5. Sinatabu does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Stand from the platform. 6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Sinatabu employees and contractors may also be Sinatabu customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so. 7. In the event of a dispute regarding Account ownership, we reserve the right to request for registration documentation to determine or confirm Account ownership. If we are unable to reasonably determine the rightful Stand Owner, without prejudice to our other rights and remedies, Sinatabu reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
1. “Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Sinatabu’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices. 2. Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than
(i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or(ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove:
(A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.
1. You expressly understand and agree that, to the extent permitted by applicable laws, Sinatabu 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 resulting from the use of or inability to use the Service. 2. To the extent permitted by applicable laws, in no event shall Sinatabu or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Sinatabu partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference or your violation of any law or the rights of a third party. 3. Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. 4. Sinatabu does not warrant that the Services will be uninterrupted, timely, secure, or error-free. 5. Sinatabu does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. 6. Sinatabu is not responsible for any of your tax obligations or liabilities related to the use of Sinatabu’s Services. 7. Sinatabu does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.
1. The failure of Sinatabu to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service, including all terms and conditions and other documents it incorporates by reference, is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provision of the Terms of Service shall remain in full force and effect. 2. The Terms of Service, including the documents it incorporates by reference, constitute the entire agreement between you and Sinatabu and govern your use of the Services and your Account, superseding any prior agreements between you and Sinatabu (including, but not limited to, any prior versions of the Terms of Service).
1. We do not claim any intellectual property rights over the Materials you provide to the Sinatabu Service. All Materials you upload to your Sinatabu Stand remains yours. You can remove your Sinatabu Stand at any time by deleting your Account. 2. By uploading Materials, you agree:
(a) to allow other internet users to view the Materials you post publicly to your Stand; (b) to allow Sinatabu to store, and in the case of Materials you post publicly, display and use your Materials; and (c) that Sinatabu can, at any time, review and delete all the Materials submitted to its Service, although Sinatabu is not obligated to do so.3. You retain ownership over all Materials that you upload to the Stand; however, by making your Stand public, you agree to allow others to view Materials that you post publicly to your Stand. You are responsible for compliance of the Materials with any applicable laws or regulations. 4. Sinatabu shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Stand to promote the Service.
1. You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”). The fees are exclusive of any applicable government taxes and the same will be billed in 30 days intervals (each such date, a “Billing Date”).
1. You may cancel your Account and terminate the Terms of Service at any time by contacting Sinatabu Support and then following the specific instructions indicated to you in Sinatabu’s response. 2. Upon termination of the Services by either party for any reason:
2.1 Sinatabu will cease providing you with the Services and you will no longer be able to access your Account; 2.2 unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; 2.3 any outstanding balance owed to Sinatabu for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your Stand will be taken offline. 2.4 If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. 2.5 We reserve the right to modify or terminate the Sinatabu Service, the Terms of Service and/or your Account for any reason, without notice at any time (unless otherwise required by applicable law). Termination of the Terms of Service shall be without prejudice to any rights or obligations which arose prior to the date of termination. 2.6 Fraud: Without limiting any other remedies, Sinatabu may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services.
1. Prices for using the Services are subject to change upon 30 days’ notice from Sinatabu. Such notice may be provided at any time by posting the changes to the Sinatabu Site (Sinatabu.com) or the administration menu of your Sinatabu Stand via an announcement. 2. Sinatabu reserves the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law). 3. Sinatabu shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Save for Sinatabu and its affiliates, Sinatabu Users or anyone accessing Sinatabu Services pursuant to these Terms of Service, unless otherwise provided in these Terms of Service, no person or entity who is not a party to these Terms of Service shall have any right to enforce any term of these Terms of Service, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of these Terms.
Sinatabu is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Sinatabu’s collection, usage and disclosure of this personal information is governed by the Data Protection Act, 2019 Kenya.
