Terms and Conditions of Services (T&Cs)

Article 1 - General scope and object of the agreement

The following terms and conditions of services (T&Cs) govern the relationship between you as a client and/or user and Bizpepe Content Marketing while interacting through our website www.bizpepe.ke and/or on our application Bizpepe.

Navigating and/or interacting on our website and/or application means that you expressly agree to these T&Cs without reserve or objection.

Bizpepe has the right to modify or to adapt these T&Cs at any time and without prior notice. These T&Cs are directly applicable as soon as they are published on our website and/or application and/or sent to you by any means.

Please read these Terms and Conditions carefully before using, interacting or accessing our website and/or application.

By agreeing to these T&Cs you grant us that you have reached at least the legal majority in Kenya. If you are a minor you grant us that you have all the rights and consent from your legal representatives to use our services. If you have not reached the legal majority then you must not use our Services.

You are not entitled to use our services, website and/or application for any illegal or unauthorized purposes.

You must not try to hack, alter the use or functions of our services, send viruses or lead or try to lead any other kind of attack towards our services. You must not try to attempt at our services' integrity either.

Article 2 - Content and Intellectual property

The content provided in our Services might be accessible for free or not. Some content might be required to be logged in or to have a valid paid subscription (IAP, restricted contents or sections).

If some content requires you to have an account or to be registered, please refer to the Article 3 « Registration Process » to know of how to access our Services.

The contents of our Services are intended for personal, non-commercial use. All materials available on our Services may or may not be protected by copyrights and/or intellectual property rights.

In addition to that some content might be protected by some other rights such as, trademark, patents, trade secrets, database right, sui generis rights and other intellectual or proprietary rights.

The user of our Services is not allowed to reproduce totally or partially any content that is made available through our Services. The user will also not reproduce any of our logo, name, visual identity and so on, he will also not try to reproduce, copy or produce mere copy of our Services.

The user will not modify, copy, paste, translate, sell, exploit or transmit for free or not any of the content, text, photo, pictures, drawing, audio content, podcast or any content that is available on our Services.

User Generated Content

A registered user can submit content for publication on our application and website. The content can either be a business profile, buying guides, promotional video, article, poster, photograph, business card or a vlog. We publish video content on our B2C Air page while images and or photos are published on the Pinboard or Photos section. The user may be required to pay before their marketing or promotional content is published. User generated vlogs are published on our Vlog section under B2C Air page of the website and/or application. The vlog may also be published on other platforms that we have a link such as Youtube and Tik Tok. Recommended vlog type include: business, agriculture, health, tech, education, family, home and living on any topic of user's preference. An honorarium may or may not be given to a user whose content is published on our Vlog and Photos section. Bizpepe reserves the right to accept or reject publishing any content submitted with or without giving reasons.

By submitting content you grant to us the rights to publish it on our website www.bizpepe.ke and/or Bizpepe app and other platforms in which we have accounts. When you contribute content to our platform you retain any copyright you have in the content but you grant us permission to use it to provide our services, including reproducing and displaying your content to the public on our site under the Creative Commons license, CC BY- 4.0 whose terms are available at https://creativecommons.org/licenses/by-nc/4.0/. If the content you contribute is not owned by you, you represent and warrant that it is either in public domain or available under a Creative Commons license, or that you are authorized to use it by the rights holder or by law. Published content will remain visible publicly for thirty days from the day of publication after which the content is deleted unless the author requests to extend its status.

Article 3 - Registration process

Bizpepe will require our client to first register and/or sign up by creating a user profile to enable the client to access some sections of the application and/or our website.

Each registration is intended for one user only and you are prohibited from sharing your credentials or your account with anyone.

We may cancel or suspend your access to our Services if you share your credentials.

Please notify us immediately if you think that your credentials are compromised.

Registration

If registration is required to access our website and/or application then the client must first enroll themselve by creating an account. To do so the client must fill in the sign up form available on our website and/or application. The client will choose a login and a password linked to a valid email address.

By doing so the client agrees that he will keep his/her credentials confidential, secure at all times and that he will not communicate them to any third-party.

Unlogged access can also be made on our website and application.

The user must keep their credentials confidential at all times and must not share their credentials with anyone.

Our company will not be held liable or responsible for any unauthorised use, modification or access on the user's account even if fraudulent access is made using the user's account or banking details.

Public Profiles

All user profiles remain private by default unless a user accepts to make their profile visible to other users when signing up. Our application and/or website has a Profiles page in which we publish user's business and personal profiles upon request by the user. A user can also request their profile to be made public or private by filling the request form. The request is reviewed and granted within but not limited to 1 working day By requesting a public profile a user grants Bizpepe all the rights to make public all the visible information in their profile.

A public profile will be used for legal business activities and can be deleted with or without notifying the user if it is used to promote unlawful activities or breaches any part of these Terms of Service. A user may be required to pay a fee before their profile is made public under some categories. Our company will delete a user profile that have not been logged into, at least once in a period equal to or exceeding one hundred and eighty days.

Signing In with third parties authentication, including but not limited to, « Sign-in with Apple », Facebook and Twitter authentication

These third-party services might be implemented within our application and/or website to help you sign-in alongside creating an account directly on our Services.

You can either choose to register an account directly via the embedded user registry form within our application and/or website or you can use third-party authentication mechanisms.

These third-party providers are not linked with us and hence you must check and read their privacy policies and other legally binding documents that rule their services.

By using third-party authentication mechanisms, you are allowing third-party applications and/or platforms to access some of your personal data, the relationship between you and the platform is outside any kind of control of our company.

By using third-party authentication mechanisms, these platforms or applications might, depending on how you configured your account on their website, post, access, send messages, access, transfer personal data or personal and use personal data according to their own privacy rules and terms and conditions. These are only examples of what a third-party platform can do when you have granted them access to your data.

If you are unsure about how your data is managed while using these authentication services you must not use them and you should use our embedded account registration.

Article 4 - Warranties

The content provided by our Services is provided to the user « as it is » and « as available », we cannot guarantee that the content provided will be exact, true, or error-free. The user accesses our content at their own risks.

We will not be held responsible if any content on our Services is inaccurate or mistaken.

Article 5 - Content moderation (chat, comments and others) and user generated content

If our user uploads, posts or submits any type of content on the Services you represent to us that you have all the necessary legal rights to upload, post or submit such content.

You shall not publish, distribute or upload any content that is, abusive, fake news, obscene, pornographic, illegal.

In addition to that you shall not try to impersonate anyone else or use a fake identity in order to use, access or publish any content on our Services.

You shall not use our Services to transmit any kind of malware, viruses, crypto lockers, ransomware or spyware.

Users will not threaten or verbally abuse other users nor will they spam the Services. User will use respectful language, you will not try to abuse or discriminate based on race, religion, nationality, tribe, sexual gender or preference, age, disability and so on. Hate speech is prohibited.

You shall use our Services such as but not limited to chatting for meaningful interactions with other users in a way that is deemed significant and with mutual respect and positive regard.

Bizpepe has the right to delete, modify and censor a client’s content or account if any of the rules above are violated. This will be done without any prior justification or notice. The client will not receive any compensation.

Article 6 - Liability

Our company will not be liable in case of network disruption, viruses, outside access, fraudulent use of payment methods or any other kind or type of technical issue or fraudulent access.

Article 7 - Third-Party links and external links

Some of the contents available on our website and/or application can include materials from third-parties and outside sources. Third-party links on our websites and/or applications can direct you to outside of our control websites that are not affiliated with us. We are not responsible nor liable for controlling or examining the content or accuracy of third-party websites or outside sources.

Hence we are not liable nor responsible for any damages or misuse while accessing third-party links or external links or sources on our website and/or application.

Please read carefully our privacy policy regarding how to deal with third-party privacy policy, terms and conditions and cookie policy.

Article 8 - Disclaimer of warranties

While using our website and/or application you grant us that we will not be held liable or responsible if data on our services is not accurate, true, complete or correct. The information and data given on our services is given as illustrational, promotional and informational only and must not be used for making decisions. Further advice and information must be sought before making any serious decision. You are using our services at your own risk.

Bizpepe reserves the right to modify and/or delete any content on our services without prior notice, but has no obligation to update any content available on our services.

Also we do not guarantee that the use of our services will be error-free, timely, secure or uninterrupted. The client agrees that we can remove services from time to time or add new ones without prior notice.

Our services are delivered and provided to clients « as is » and « as available » for use, without any warranties or conditions of any kind.

In no case our staff, employees, personnel, agents, interns and so on, are liable for any loss, claim, injury, any indirect or direct damage, incidental, punitive or special damages of any kind or type. This includes loss of profits, loss of revenues, loss of data or savings, whether based on tort law, contract, liability or otherwise.

Article 9 - Indemnification

You as a client of our company agree to indemnify, defend and hold us harmless from any claim or demand, this includes attorney’s fee made by any third-party due to your breach of these T&Cs or any other document that is binding between you and our company.

Article 10 - Severability

If any part, article or document of these T&Cs or of any other binding document between you and our company is determined by a competent jurisdiction to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion shall be deemed to be severed from these T&Cs such determination will not affect the validity and enforceability of any other remaining provisions.

Article 11 - Termination

All of the obligations and liabilities of the parties that occurred before the termination date shall survive the termination of this agreement.

These T&Cs are effective unless terminated either by our company or by the client.

The client can notify Bizpepe that he no longer wants to use our services or he can simply stop using and/or access our services, websites and/or application.

Our company can terminate this agreement at its sole discretion at any time and without prior notice, the client will hence remain liable for any remaining amounts due to our company.

Article 12 - Governing Law and Venue

Any issue arising from these T&Cs regarding, but not limited to, their validity, interpretation, execution, consequences and so on will be pleaded in front of the relevant jurisdiction in Kenya.

Article 13 - Contact information

If you have any question regarding these Terms and Conditions of service you can contact us directly by email address: info@bizpepe.ke

Beatrice Atieno