Netplatoon Ventures, Ltd. Terms of Use
Effective Date: 01/01/2024
1. Introduction and Acceptance of Terms
Welcome to Netplatoon Ventures, Ltd. (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of our website, software, products, and services (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
2. Definitions
- “User,” “you,” or “your” refers to any individual or entity using our Services.
- “Content” includes text, images, audio, video, software, data compilations, and other materials.
- “User Content” means any Content that users submit, post, or transmit through our Services.
3. Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the “Effective Date” above. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.
4. User Accounts
4.1 Account Creation
To access certain Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
4.3 Account Termination
We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.
5. Intellectual Property Rights
5.1 Our Intellectual Property
All intellectual property rights in the Services, including copyrights, patents, trademarks, and trade secrets, are owned by us or our licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to use our Services for their intended purposes in accordance with these Terms.
5.2 User Content
You retain ownership of any intellectual property rights in User Content. By posting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with our Services.
6. Acceptable Use Policy
You agree not to:
- Use our Services for any illegal purpose or in violation of any local, state, national, or international law
- Violate or encourage others to violate the rights of third parties, including intellectual property rights
- Post, upload, or distribute any Content that is unlawful, defamatory, libelous, inaccurate, or invasive of privacy
- Interfere with security-related features of our Services
- Use our Services to transmit any viruses, malware, or other types of malicious code
- Engage in unauthorized framing of or linking to our Services
- Use our Services in any manner that could disable, overburden, damage, or impair the Services
7. Data Protection and Privacy
We are committed to protecting your personal data in accordance with the Data Protection Act of Kenya. Please refer to our Privacy Policy for details on how we collect, use, and disclose your personal information.
8. Third-Party Services
Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NETPLATOON VENTURES, LTD. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.
11. Indemnification
You agree to indemnify, defend, and hold harmless Netplatoon Ventures, Ltd. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the Nairobi Centre for International Arbitration, which rules are deemed to be incorporated by reference into this clause. The seat of arbitration shall be Nairobi, Kenya. The language of the arbitration shall be English.
13. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Netplatoon Ventures, Ltd. regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Netplatoon Ventures, Ltd.
Nairobi, Kenya
info@netplatoon.com
