1.1. The following terms and conditions apply to the use of the Mobile Planet Limited’s website www.mobileplanet.co.ke (“the Site”). Mobile Planet reserves the right to change these terms and conditions at any time, effective immediately upon posting on the Site. By accessing and using the Site you will be deemed to have read, understood and accepted the terms and conditions below. In addition, when using particular services owned or provided by Mobile Planet Limited, you shall be subject to any terms and conditions applicable to such services which may be posted and modified from time to time.
1.2. To make your reading of these terms and conditions easier, the words below will have the following meaning:
1.2.1. “MPL/We/Us” means Mobile Planet Limited, the developers and sole owners of the Site;
1.2.2. “Offending Material” means any content transmitted using the Website that is:
a. In breach of any law, regulation or code of practice invoked by the Network, industry regulator or any other competent authority or any policy adopted by the Network with regard to the acceptable use of the Services; or
b. Abusive, indecent, defamatory, obscene, offensive or menacing (or that has the effect (as may be contemplated by a reasonable person) of causing the recipient to feel so harassed, abused or offended; or
c. Designed to cause annoyance, inconvenience or needless anxiety to any person; or
d. In breach of confidence, intellectual property rights, privacy or any right of a third party.
1.2.3. “Subscriber” means any user of the Site who has subscribed to specific features of the Site that require subscription;
1.2.4. “You” means any visitor or user of the Site;
1.2.5. “Your Equipment” means your device used to access the Site.
1.3. The headings we have inserted for the various clauses are for convenience only. In the event that interpretation of these terms and conditions is required, they shall be ignored.
2.1. The Site details all the products and services provided by Mobile Planet Limited, a Mobile Messaging Solution company resident in Kenya and engaged in the business of developing wireless voice & data applications for mobile devices as well as creating, hosting and managing mobile value added services.
2.2. The Site may contain links to third party websites that are not owned or controlled by MPL. MPL has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MPL will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve MPL from any and all liability arising from your use of any third-party website.
3.1. To use some of the features of the Site, you may be required to create an account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify MPL immediately of any breach of security or unauthorized use of your account.
3.2. You may never use another's account or create an account for anyone other than yourself without permission.
3.3. MPL will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of MPL or others due to such unauthorized use.
4.1. You agree that you will not use the Site in any way that causes or is likely to cause the Site or access to the Site to be interrupted, damaged or impaired in anyway.
4.2. In particular, you agree that you will not use the Site:
4.2.1. To transmit any advertising, promotional or other materials that may be deemed to constitute “spam”; or
4.2.2. To transmit any virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; or
4.2.3. For storing, reproducing, transmitting, communicating or receiving any Offending Material; or
4.2.4. Fraudulently or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
4.2.5. Contrary to any other instructions that may be communicated by MPL from time to time; or
4.3. You will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim brought against MPL due to your actions, content or information.
5.1.1. Although we will take all reasonable steps to ensure that the Site is available to you at all times, we cannot guarantee a continuous fault free service. The availability of the Site may be affected by factors including (but not limited to) Acts of God, geographical topography, weather conditions, planned maintenance or rectification work on our Equipment. Technical problems with your equipment may also interfere adversely with access to the Site.
5.1.2. We may in our sole discretion suspend, terminate or vary the Site for any period during which:
a. We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
b. We reasonably suspect or believe that you are in breach of these terms and conditions;
c. Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
d. MPL suspends or terminates the provision of the Services for its commercial reasons.
5.1.3. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion violates any party's intellectual property or these Terms and Conditions of Use.
You accept that we may disclose and/or receive and/or record any details of your use of the Service including but not limited to your messages, data, or personal information obtained from you for the purposes below:
5.2.1. Fraud prevention and law enforcement;
5.2.2. For reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities;
5.2.3. To comply with any legal, governmental or regulatory requirement;
5.2.4. For use by our lawyers in connection with any legal proceedings;
5.2.5. In business practices including but not limited to quality control, training and ensuring effective systems operation
You agree that the following exclusions of liability are reasonable:
MPL, its officers, employees, agents and partners will not be liable to you for:
6.1. The content that you may receive from other users with which you share keywords.
6.2. Any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption of data or other costs arising out of or in connection with this Agreement in contract or tort or otherwise for any loss including as a consequence of a failure or delay in availability of the Service notwithstanding MPL’s awareness of the possibility of you incurring the same;
6.3. Any losses arising in connection with:
6.3.1. force majeure events or other circumstances outside our control or outside our knowledge including industrial disputes, terrorist or enemy action; or
6.3.2. any unforeseeable acts or omissions or negligent acts on the part of any third party service provider.
6.4. The loss, late receipt or non-readability of any download, transmission, or other communications.
6.5. For any damage to or loss of information on your Equipment in the event that unwanted programs or material, Trojans, worms or viruses are transmitted to your Equipment as a consequence of using the Site.
6.6. Any losses incurred from the use of any links found on the website. These links are provided for your convenience to access further information. They do not signify that we endorse the website(s) and we will therefore not accept responsibility for the content of the linked website(s).
7.1. MPL reserves the right to withdraw the Service either generally or in respect of any particular Subscriber at any time and to vary these terms and conditions at any time by placing the revised terms and conditions on this page of the Site. You will be deemed to have been bound by such variation by continuing to use the Service.
7.2. MPL shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and requirements for access or use.
7.3. You agree to check this page of the Site periodically to make yourself aware of any variations and to be bound by any amendments to these terms and conditions or any updated version of the same made available by MPL thereon.
MPL is entitled to cede and assign any of its rights and obligations in respect of these terms and conditions or in respect of any of the services related thereto.
9.1. All copyright and other intellectual property rights, whether registered or unregistered and whether owned by MPL or not, in all software material, including logos and other graphics and multimedia works accessed in the Site or downloaded therefrom are protected and subject to intellectual property laws.
9.2. The content contained in sponsor advertisements or information presented to you in the Site is proprietary and subject to intellectual property laws.
9.3. You agree not to modify, rent, loan, sell, distribute, commercialise, translate, reverse-engineer, decompile, disassemble, or in any way create derivative works related to the Site or the software, in whole or in part.
9.4. Subject to these terms, MPL grants you a limited, non-exclusive, non-transferable personal license to access and use the Site and the materials and services contained therein. MPL provides the materials and services available through the Site for your personal, non-commercial use. Any unauthorized use of any of the materials or services in the Site and offered by MPL shall result in immediate termination of this limited license. The license is granted for the use and access of the Site for its intended purpose only.
If any portion of these terms and conditions is deemed void or unenforceable, then such provision shall only be deemed severable from the remainder of the terms and conditions and shall not affect the enforceability or validity thereof.
11.1. By making use of the Site, you allow us the right to communicate with you by email.
11.2. By making use of the Site, you agree to opt-in to our commercial communication messages and promotions (from but not restricted to partner companies and MPL itself). The said communications will occur from time to time via one of the communication mediums mentioned in 11.1 above.