These Terms and Conditions including the terms, policies, guidelines and instructions referred to herein (Terms and Conditions) is an agreement between a) BIZNESSKIT LTD (hereinafter referred to as ‘BIZKIT’) b) The end-user (hereinafter referred to as ‘you’, or ‘your’) BIZKIT is a point of sale ecosystem that helps you manage every aspect of your business anywhere from your smartphone or computer via web app, via website and sale of POS hardware devices. BIZKIT allows you to easily manage sales, manage inventory in real time, manage business expenditure, manage multiple branches/sub accounts with ease, and get real time reporting and analytics and other services and products. This agreement governs your access to and use of BIZKIT services including, the mobile software application (the ‘App’). Hardware, website (https://bizkitpos.com/ ) and other products and services provided under BIZKIT. By using any of the services and products, you agree to these Terms and Conditions. If you are using the services and products on behalf of a business, you represent to BIZKIT that you have authority/capacity to bind that business or entity to these Terms and Conditions that business or entity accepts these Terms and Conditions. 1. BIZKIT Account Registration In order to use the Services, you must create an account. During registration, BIZKIT will ask you for information which may include but not be limited to your name, business, entity name, email address and contact details and other personal information. You must provide accurate and complete information. BIZKIT can suspend or terminate your account if you provide incomplete or false information. You must inform BIZKIT of any changes and update the information in your BIZKIT account accordingly without undue delay. You are fully responsible for all activity that occurs under your BIZKIT account, including for any actions taken by persons whom you granted access. 2. Eligibility and your Access Rights. By using BIZKIT, you warrant that you are at least 18 years old and that you have a legal capacity to enter into legally binding contracts. You are responsible for ensuring that that your email address, password and other personalized security features (security credentials) are kept safe and secure. You may create sub-accounts/branches and authorize your employees and other eligible representatives to use such sub-accounts/branches on your business and/or entity’s behalf. It is your responsibility to ensure that your employees and other eligible representatives comply with these Terms and Conditions and the Privacy Policy. You agree that you are at all times liable for the actions or omissions of your employees and other eligible representatives and that you will indemnify and hold us not liable for any actions or misuse of your BIZKIT Account, services and products therein. 3. BIZKIT’s obligations BIZKIT is a point of sale ecosystem that helps you manage every aspect of your business anywhere from your smartphone, computer or other hardware products. BIZKIT allows you to easily manage sales, manage inventory in real time, manage business expenditure, manage multiple branches and employees and get real-time reporting and analytics. You agree that BIZKIT may at any time update or modify the Services. BIZKIT will always attempt to notify you of any such updates or modifications with reasonable notice Your ability to use the Services is dependent on independent services off BIZKIT, including software applications, provided to you by third parties (such as Internet, data traffic and network services). Such third parties may charge you fees for accessing and using such services and applications to use the Services and you are solely responsible to pay such fees. BIZKIT does not own, control or have any responsibility or liability for any third party services or software applications you select to use in connection with the Services. BIZKIT does not accept or assume any responsibility or liability for the operation or security of any third party services or software applications, for your inability to use the Services as a result of any third party services or software applications or for your breach of the terms of your contract with any third party services or software applications as a result of using the Services or otherwise. 4. Paid Services BIZKIT services include both Paid Services to be paid on a recurring basis (Subscription Services) and on the initial purchase and on an as-used basis (‘A La Carte Services’). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree that these Terms and Conditions will govern your access to, and use of the Services included in, the Subscription, in addition to any Additional Terms. A Subscription will automatically renew each month until you terminate it in accordance with these Terms and Conditions or any Additional Terms. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such change. By using an A La Carte Service, you agree to pay the fees and any Taxes incurred at the time of initial purchase and its usage. 5. Taxes You are responsible for determining any and all taxes assessed, incurred, or required to be collected, reported, paid, or withheld for any reason for the sale of your products and services and any payments you receive in connection with your use of our Services ("Taxes"). You are solely responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authority. BIZKIT are not obligated to, nor will we determine whether Taxes apply or assume any liability in relation thereto, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. 6. Data Protection Any personal information collected in relation to the use of this website will be held and used in accordant with BIZKIT’s Privacy Policy 7. Your Content In connection with BIZKIT, you may be able to upload or provide photos, logos, products and other materials or information ("Content"). You agree that you will not upload or provide any Content unless you have created that Content yourself or you have permission from the content owner to do so. You grant us, our affiliates and our successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform and publicly display your Content in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights granted to us in these Terms and Conditions. You may modify or remove your Content or terminating your BIZKIT Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services. You agree not to upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, threatening, harassing, hateful or abusive, b) encourages conduct that would be considered a criminal offense or gives rise to civil liability, c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property, d) contains corrupted data or any other harmful, disruptive or destructive files, or e) is illegal and contrary to the laws of the Jurisdiction f) in our sole judgment, is objectionable or which may expose us, our affiliates or other end users to harm or liability of any nature. 8. Intellectual Property Rights (IPRs) BIZKIT as a name, logo, signs, domain names, email addresses and anything related to BIZKIT’s services and products (including but not limited to copyrights, patents, database rights, design right, trademarks) are owned by BIZKIT. You shall not acquire any right, title or interest in any such IPRs by reason of the Services or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties. You may use the BIZKIT website, App and services only for the purpose of the bona fide use of our services as an individual, business or entity and only as permitted by these Terms and Conditions. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. The Website, App and services may not be used for the purpose of testing the Service or to obtain information about the service or about us. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice. 9. Your Licence BIZKIT grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sub licensable licence to electronically access and use the services solely to manage your BIZKIT Account and utilise such other services as we may make available from time to time in accordance with these Terms and Conditions and any Additional Terms. You will be entitled to download updates to the Services, subject to any additional terms made known to you at that time, when BIZKIT makes these updates available. For avoidance of doubt, The Services are licenced and not sold. BIZKIT reserves all rights not expressly granted to you in these Terms and Conditions and any Additional Terms. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. As between you and BIZKIT, BIZKIT own the title, copyright and other worldwide intellectual property rights in the Services and all copies of the Services. Neither these Terms and Conditions nor any Additional Terms grants you any rights to our trademarks or service marks. You may choose to or we may invite you to submit comments or feedback relating to the Services, including without limitation about how to improve the Services or our other products or services ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, that it will not place us under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, BIZKIT does not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you. 10. Third Party Products/Services and Links to other websites All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. BIZKIT makes no representations or warranties, express or implied, with respect to such third party products, and expressly disclaims any warranty or condition of merchantability, non-infringement, or fitness for a particular purpose. You may be offered services, products and promotions provided by third parties and not by BIZKIT, including, but not limited to, third party developers who use BIZKIT’s services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the Terms and Conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not BIZKIT. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by BIZKIT. Such third party websites are not governed by these Terms and Conditions. You access any such website at your own risk. BIZKIT expressly disclaims any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies. 11. Indemnity You will indemnify, defend, and hold BIZKIT and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable Advocates’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the Kenya or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third-party claims made in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which BIZKIT provides, or provided, you with payment processing services in accordance with the Terms. 12. No Warranties BIZKIT provides the Services to you on an "as is" and "as available" basis without any warranty or condition, express or implied, except as specifically stated in these Terms and Conditions. BIZKIT does not warrant, represent or guarantee in any way that the services are accurate, reliable or correct; that the services will meet your requirements; that the services will be available at any particular time or location, uninterrupted, error-free, without defect or secure; that any defects or errors in the services will be corrected; or that the services are free of viruses or other harmful components or fit for any particular purpose. BIZKIT does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. BIZKIT does not have control of, or liability for, goods or services that are paid for using the services. 13. Communication You consent to accept and receive communications from us, including e-mail, text messages, calls and push notifications to the cellular telephone number you provide to us when you sign up for a BIZKIT Account. Such communications may include, but are not limited to requests for secondary authentication (when applicable), receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialling systems. Standard message and data rates applied by your phone carrier may apply to the text messages we send you. For all standard communication, we reserve the right to communicate to you in English or Kiswahili. 14. Termination These Terms and Conditions and any Additional terms are effective upon the date you agree to them and will in force until terminated by BIZKIT. BIZKIT may terminate these Terms and Conditions or any Additional Terms, or suspend or terminate your BIZKIT Account or your access to any Service, at any time for any reason. BIZKIT may add or remove, suspend, stop, delete, discontinue or impose conditions on Services or any feature or aspect of a Service. If your BIZKIT Account is suspended or closed or these Terms and Conditions or Additional Terms are terminated by BIZKIT, you agree: a) to continue to be bound by these Terms and Conditions and any Additional Terms until any outstanding liabilities and obligations between you and us have been finally settled, b) to immediately cease your use of the Services, c) that the licence granted under these Terms and Conditions and any Additional Terms will terminate, d) that we may delete all of your information and account data stored on our servers, unless we are required to retain such information under applicable law, and e) that we will not be liable to you for compensation, reimbursement or damages in connection with the deletion of your information or account data. BIZKIT will not be liable to you for compensation, reimbursement or damages in connection with any termination of these Terms and Conditions, any Additional Terms or closing or suspension of your BIZKIT Account. Any closure or suspension of your BIZKIT Account does not relieve you of your obligations under these Terms and Conditions or any Additional Terms. 15. Amendments to the Terms and Conditions BIZKIT has the right to amend, delete or add to these Terms and Conditions and any Additional Terms and change, delete, discontinue or impose conditions on any feature or aspect of the Services at any time. BIZKIT will usually give you 30 days’ notice of any change, except when: BIZKIT may give more notice where this is required by mandatory law or need to make changes more quickly. 16. Partner Applications Through your BIZKIT Account settings, you may give, remove and manage authorisations for certain third party service providers ("Partners") to take certain actions on your behalf by connecting to your BIZKIT Account, such as to access and retrieve your BIZKIT Account data. By authorising a third party software application (a "Partner App") to connect to your BIZKIT Account you are authorising and instructing us to permit the Partner App to take such actions as are permitted by your authorisations. A Partner App, once authorised, will continue to have access to your BIZKIT Account and be authorised to take such actions as are permitted by your authorisations until you actively withdraw your authorisation by changing the settings in your BIZKIT Account. You acknowledge that the access to your BIZKIT Account data by a Partner and the use of any service of a Partner is governed solely by the Terms and Conditions and policies of such Partner. You are solely responsible for your access to and use of Partner Apps and you are therefore advised to carefully read any terms and conditions and policies concerning your access to and use of Partner Apps. You acknowledge and agree that you will not hold BIZKIT responsible for, and will indemnify us from, any liability arising from the actions or inactions of any Partners in connection with any authorisations you give. 17. Force Majeure No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strike, riots, war, terrorist attack, non-performance of vendors or suppliers or other causes over which the respective party has no reasonable control. Notwithstanding the foregoing, a party shall not be liable under these Terms and Conditions or any applicable Additional Terms (or portion thereof) in cases of abnormal and unforeseeable circumstances beyond the control of such party to the extent the consequences of such circumstances would have been unavoidable, or where we are bound by other legal obligations covered by this jurisdiction’s law. You agree that you will remain liable for all fees incurred for Services that we provide under these Terms and Conditions or any applicable Additional Terms and nothing in this Section 17 will result in a waiver of any such fees. 18. Severability If any Court or competent authority holds that any of the provisions of these Terms and Conditions are invalid, unlawful or unenforceable to any extent, that shall not affect the other Terms and Conditions which will continue in full force and effect to the fullest extent permitted by the laws of Kenya. 19. Governing law These Terms and Conditions and any Additional Terms, and any dispute or claim arising out of or in connection with their subject matter (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Kenya. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions or any Additional Terms, or the breach, termination or invalidity thereof, will be submitted to the exclusive jurisdiction of the competent courts of Kenya.
1. About this Privacy Policy BIZKIT values transparency and privacy. We are committed to maintaining the security of personal information and data (‘Personal Data’) provided to us. Our Privacy Policy is intended to clearly explain what personal data we collect about you, how we collect your personal data, how we share your personal data, how we store your personal data, how we transfer your personal data and information about how we manage your personal data. We adhere to the Kenyan Privacy and Data Protection principles contained in the Data Protection Act, CAP 411C and Computer Misuse and Cybercrimes Act, CAP 79C. If you do not agree with this Privacy Policy, please do not access or use our services and products. By using or accessing our services or products or providing us with Personal Data, you consent to the collection, use, disclosure and management of your Personal Data as contemplated by this Privacy Policy. 2. Information we collect about you BIZKIT collects information about you in three ways; when you provide it to us directly; when we gather information while you are using the Services; and when we collect information from other sources. The types of information we collect can vary depending on the service or product you are using or accessing. Information You Provide We collect information you provide when you other use or access the Services or Products; We collect information you provide us, including; • Identification Information; e.g. name, identification number, National Identity Card Number, email address, phone number. • Transaction Information; When you use our Services to make or record payments, or request delivery of an invoice from your Seller/Buyer, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the payment or transfer amounts, billing and shipping information, and the devices and payment methods used to complete the transactions • Tax Information: e.g. Tax Pin Number, tax status of a service or product • Other information you provide; Information that you voluntarily provide to us, including your survey responses, comment or feedback; promotions, or other forms or devices; suggestions for improvements; or any other actions performed on the Services Information BIZKIT Collects from Your Use of our Services BIZKIT collects information about you and the devices you use to access the Services, such as your computer, mobile phone, or tablet. The information that we collect includes; • Commercial Information; Information about the products and services you sell e.g., inventory, pricing and other data and other information. • Location Information; the location of your device. You can disable collection of location information by changing the preferences on your mobile device. • Customer or supplier Information; Information you provide to a Seller/Buyer using our Services, for example if you are a customer who provides a Seller/Buyer with your email address, phone number, payment information, or other information • Device information; Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with our Service or product. • Internet or other electronic network activity information; web browser and device characteristics, information about how you use and interact our services, includes your access time, "log-in" and "log-out" information, browser type and language, the domain name of your internet service provider, other attributes about your browser, any specific page you visit on our platform, content you view, features you use, the date and time of your use of the Services, your search terms, and the website you visited before you visited or used the Services. Information BIZKIT Collects from Other Sources BIZKIT collects information about you from other sources including; • Information entered by another BIZKIT account. • Identity verification; Information from third parties and publicly available sources in order to verify your identity. • Any information forwarded to us by a third party. 3. How BIZKIT uses your Information and the legal basis for processing the Information Use of Information Legal Basis for Processing the Information To provide our Services and Products and otherwise administer our business relationship with you. Fulfil our contractual obligations towards you and comply with applicable laws. To confirm your identity and verify your personal and contact details. Fulfil our contractual obligations towards you and comply with applicable laws. To keep record that transactions have been executed. Fulfil our contractual obligations towards you and comply with applicable laws. To comply with internal procedures. Fulfil our contractual obligations towards you and comply with applicable laws. To establish, exercise or defend a legal claim or collection procedures Fulfil our contractual obligations towards you and comply with applicable laws. For customer analysis, to administer our services, and for internal operations, including troubleshooting, data analysis, testing, research and statistical purposes. Fulfil our contractual obligations towards you and to pursue our legitimate interests To prevent misuse of BIZKIT services as part of our efforts to keep our services safe and secure Fulfil our contractual obligations towards you, comply with applicable laws and pursue our legitimate interests. To carry out risk analysis, fraud prevention and risk management. Fulfil our contractual obligations towards you, comply with applicable laws and pursue our legitimate interests. To improve our services and for general business development purposes, such as improving applicability models in order to e.g. develop new products, services and features and explore new business opportunities. Fulfil our contractual obligations towards you, comply with applicable laws and pursue our legitimate interests. Marketing, service and product and customer analysis. This processing forms the basis for marketing, process and system development, including testing. This is to improve our product range and to optimize our end user offering Fulfil our contractual obligations towards you, comply with applicable laws and pursue our legitimate interests. To communicate with you in relation to our services. Fulfil our contractual obligations towards you and to pursue our legitimate interests. Enforcing our Terms of Service or other applicable agreements or policies. Fulfil our contractual obligations towards you, comply with applicable laws and pursue our legitimate interests. For any other reason we may tell you about from time to time Fulfil our contractual obligations towards you, comply with applicable laws and pursue our legitimate interests. 4. Disclosure of Personal Information to Third Parties We take great measures to protect your personal information. By continuing to interact with our Services, you are consenting to the practices described in this Privacy Notice. We may share personal information with the following categories of service providers and third parties; • With other BIZKIT users with whom you interact with. • Service support partners: who help us to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., vendors who help us with identity verification and fee collection services) • Third Party Analytics Services who will help us with our online services e.g. web beacons, and web server logs to help us analyse how you use our online services • Online Tracking and Interest-Based Advertising; consistent with local law, we share your information with advertising partners for interest-based advertising or “targeted advertising” campaigns, and with advertising partners that help analyse our site, run contests, special offers, or other events or activities, and track metrics on our behalf, on behalf of your BIZKIT Account, or in connection with our Services • Partners; we may share minimal personal information (such as your business name) with potential partners who may be able to provide a complementary or related service for your business. We may also share personal information with partners if we believe the disclosure is reasonably necessary to protect us, users of our Services or the public from harm, fraud, or potentially prohibited or illegal activities • To a subsequent owner, co-owner, or operator of one or more services or any corporate merger, consolidation or restructuring; or other corporate change. • Compliance with the law: any disclosure that is required to comply with any applicable law, regulation, legal process or government request. • With others with your consent; e.g. when you authorize a third party application or website to access your information. 5. Cookies and other similar technologies. Digital cookies and similar technologies help us make our services better to use by doing things like recognizing when you’ve signed in, analysing how you use our services so we can make them more useful to you, giving you a more personalized experience. By using BIZKIT you accept the use of cookies from our website. You can delete specific cookies at any time or disable the possibility for BIZKIT to save cookies in your web browser. Disabling cookies in your browser is easy and only takes a couple of minutes. Below you'll find links to guides for the most common browsers: Chrome: https://support.google.com Safari: https://www.apple.com/support Firefox: https://support.mozilla.org 6. How long we keep your information We keep your information as long as is necessary for the purposes identified in this Privacy Notice, including to provide you the Services, to comply with applicable law and legal obligations, to defend our legal rights, property, and users. We may keep copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with certain criteria, such as applicable law, applicable statute of limitations, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our Terms and Conditions or other applicable agreements or policies, or to take any other actions consistent with applicable law. 7. Your Rights in Connection to your personal data. BIZKIT believes that you have the right to be informed about certain details on the processing of your personal data, right to receive a copy of certain details of your personal data and right to object to our processing of your personal data. 8. Deactivating Your Account. If you wish to deactivate your account, you can do so by logging into your BIZKIT account or by emailing us using the contact details provided below. 9. Storage and processing We may, depending on the location of our third party service providers, move your data and process it outside the country where you operate. 10. Changes to this Privacy Notice. We may amend this Privacy Notice from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. If you disagree with these changes, you may stop using our Services at any time. Your continued use of our Services constitutes your consent to any amendment of this Privacy Notice
If you have any questions about this Privacy Policy, You can contact us: By email: info@bizkitpos.com By visiting writing us on our website:https://bizkitpos.com/contact-us Prevent or investigate possible wrongdoing in connection with the Service Protect the personal safety of Users of the Service or the public Protect against legal liability