Terms of use
Acceptable Use Policy
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By accessing or using Kamel, (https://getkamel.com or any of it’s products, services, and applications) you agree to comply with the terms and conditions of this Acceptable Use Policy.
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1. Restricted Activities
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You may not use Kamel in connection with any product, service, transaction or activity that
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violates any law or government regulation, or promotes or facilitates such by third parties
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violates any rule or regulation of Visa, MasterCard, Verve, or any other electronic funds transfer network (each, a “Card Network”)
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is fraudulent, deceptive, unfair or predatory
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causes or threatens reputational damage to us or any Card Network
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involves any of the business categories listed in heading 2 below
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in or creates a significant risk of chargebacks, penalties, damages or other harm or liability
2. Certain Business Categories
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You may not use Kamel in connection with any product, service, transaction or activity that:
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falls within the Prohibition List of the Nigerian Customs Administration of the Federal Republic of Nigeria
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relates to the sale and/or purchase of:
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banned narcotics, steroids, certain controlled substances or other products that present a risk a consumer's safety
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blood, bodily fluids or body parts
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burglary tools
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counterfeit items
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illegal drugs and drug paraphernalia
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fireworks, destructive devices and explosives
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identity documents, government documents, personal financial records or personal information (in any form, including mailing lists)
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lottery tickets, sweepstakes entries or slot machines without the required license
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offensive material or hate speech or items that promote hate, violence, racial intolerance, or the financial exploitation of a crime
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chemicals
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recalled items
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unlicensed financial services, stocks or other securities
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stolen property
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items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction
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sales of currency without BDC license, certain cryptocurrency operators
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obscene material or pornography
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certain sexually oriented materials or services
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certain firearms, firearm parts or accessories, ammunition, weapons or knives
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any product or service that is illegal or marketed or sold in such a way as to create liability to Kenga; or
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production of military and paramilitary wears and accoutrement, including those of the Police and the Customs, Immigration and Prison Services
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relate to transactions that:
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show the personal information of third parties in violation of applicable law
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support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs
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are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card
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pertain to ammunitions and arms; and
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involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Kenga and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law
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3. Actions by Kamel
If, in our sole discretion, we believe that you may have engaged in any violation of this Acceptable Use Policy, we may (with or without notice to you) take such actions as we deem appropriate to mitigate risk to Kenga and any impacted third parties and to ensure compliance with this Acceptable Use Policy. Such actions may include, without limitation
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Blocking the settlement or completion of one or more payments
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Suspending, restricting or terminating your access to and use of the Kenga’s Services
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Terminating our business relationship with you, including termination without liability to Kenga of any payment service agreement between you and Kenga
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Taking legal action against you
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Contacting and disclosing information related to such violations to (i) persons who have sold/purchased goods or services from you, (ii) any banks or Card Networks involved with your business or transactions, (iii) law enforcement or regulatory agencies, and (iv) other third parties that may have been impacted by such violations; or
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Assessing against you any fees, penalties, assessments or expenses (including reasonable attorneys’ fees) that we may incur as a result of such violations, which you agree to pay promptly upon notice.
4. Updates, Modifications & Amendments
We may need to update, modify or amend our Acceptable Use Policy at any time. We reserve the right to make changes to this Acceptable Use Policy.
We advise that you check this page often, referring to the date of the last modification on the page.
Terms of Use
By using this website (www.getkamel.com), our mobile applications and any of our websites and/or services, you agree to these Terms of Use. The website Privacy Policy, Acceptable Use Policy and Merchant Terms of Service (where applicable) are incorporated by reference into these Terms of Use.
About Us
Kamel (“we”, “us” or “our”) is an omnichannel commerce technology solutions provider for small and medium scale businesses in emerging markets seeking to more seamlessly manage and grow their sales across multiple channels.
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We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.
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This Terms of Use is an agreement between you and Kenga. It details Kenga’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.
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This Terms of Use is an agreement between you and Kenga. It details Kenga’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.
Privacy Policy
Kenga is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.
Age Restriction
Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.
Acceptable Use Policy
You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Kenga, you agree to comply with the terms and conditions of our Acceptable Use Policy which you can read on our Acceptable Use Policy page (above).
Disclaimers
WE TRY TO KEEP Kenga AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK.
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OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Kenga MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM Kenga, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "Kenga PARTIES") SHALL CREATE ANY WARRANTY.
Limitation of Liability
IN NO EVENT WILL ANY OF THE Kenga PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR TWENTY THOUSAND UNITED STATES DOLLARS (US$1,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH Kenga’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF Kenga’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Kenga Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Kenga’s Party's liability shall be the minimum permitted under such applicable law.
Updates, Modifications & Amendments
We may need to update, modify or amend our Terms of Use as our technology evolves. We reserve the right to make changes to this Terms of Use at any time by giving notice to users on this page.
We advise that you check this page often, referring to the date of the last modification on the page If a user objects to any of the changes to the Terms of Use, the User must cease using our website and/or services immediately.
Applicable Law
These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.
Legal Disputes
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.
Severability
If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
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Terms of Service
By signing up for an account on this website (www.getkenga.com), any of our websites and/or services, you are deemed a merchant and agree to these Merchant Terms of Service (the “Agreement”).
PLEASE READ THESE MERCHANT TERMS OF SERVICE CAREFULLY BEFORE SIGNING UP AS A MERCHANT. If you do not agree to any or all of these Terms of Service, please do not use this service
About Us
Kenga (“we”, “us” or “our”) is an omni channel commerce technology solutions provider to small and medium businesses in emerging markets who're seeking to more seamlessly manage their operations and grow sales across multiple channels.
We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not endorse, have control or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user’s identity and cannot ensure that a buyer or seller will complete a transaction.
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Agreement
These Merchant Terms of Service is an agreement between you and Kenga. It details Kenga’s obligations to you. It also highlights certain risks on using the services and you must consider such risks carefully as you will be bound by the provision of this Agreement through your use of this website or any of our services.
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Registration
To use Kenga, you have to create a Kenga account by registering. To register, you will provide us with certain information such as your email, first name, last name, business name and phone number and we may seek to verify your information, (by ourselves or through third parties), after which we will approve your account unless deemed risky. You give us permission to do all these.
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Change of Information
In the event that you change any information provided to us at registration including your business name, address, financial institution, mode of payments or the products and services that you offer, or where a corporate restructuring occurs you agree to notify us within 14 days of such change. We may be unable to respond to you if you contact us from an address, telephone number or email account that is not registered with us
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Representation and Warranties
You represent and warrant to Kenga that:
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you have full power and authority to enter into, execute, deliver and perform this Agreement;
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you are duly organised, authorised and in good standing under the laws of the Federal Republic of Nigeria or any state, region or country of your organisation and are duly authorised to do business in all other states, regions or countries in which your business operates.
Age Restriction
Our website and services are not directed to children under 18. We do not knowingly transact or provide any services to children under 18.
Account Security
You agree not to allow anyone else to have or use your password details and to comply with all reasonable instructions we may issue regarding account access and security. In the event you share your password details, Kenga will not be liable to you for losses or damages. You will also take all reasonable steps to protect the security of the personal electronic device through which you access Kenga’s services (including, without limitation, using PIN and/or password protected personally configured device functionality to access Kenga’s services and not sharing your device with other people).
Software License
We hereby grant you a revocable, non-exclusive, non-transferable license to use Kenga’s APIs, developer’s toolkit, and other software applications (the “Software”) in accordance with the documentation accompanying the Software. This license grant includes all updates, upgrades, new versions and replacement software for your use in connection with the Kenga’s services. If you do not comply with the documentation and any other requirements provided by Kenga, then you will be liable for all resulting damages suffered by you, Kenga and third parties. Unless otherwise provided by applicable law, you agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Software. Upon expiration or termination of this Agreement, you will immediately cease all use of any Software.
Trademark License
We hereby grant you a revocable, non-exclusive, non-transferable license to use Kenga’s trademarks used to identify our services (the “Trademarks”) solely in conjunction with the use of our services. You agree that you will not at any time during or after this Agreement assert or claim any interest in or do anything that may adversely affect the validity of any Trademark or any other trademark, trade name or product designation belonging to or licensed to Kenga (including, without limitation registering or attempting to register any Trademark or any such other trademark, trade name or product designation). Upon expiration or termination of this Agreement, you will immediately cease all display, advertising and use of all of the Trademarks.
Intellectual Property
We do not grant any right or license to any Kenga intellectual property rights by implication, estoppel or otherwise other than those expressly mentioned in this Agreement.
Each party shall retain all intellectual property rights including all ownership rights, title, and interest in and to its own products and services, subject only to the rights and licenses specifically granted herein.
Publicity
You hereby grant Kenga permissions to use your name and logo in our marketing materials including, but not limited to use on our website, in customer listings, in interviews and in press releases. Such Publicity does not imply an endorsement for your products and services.
Confidential Information
The parties acknowledge that in the performance of their duties under this Agreement, either party may communicate to the other (or its designees) certain confidential and proprietary information, including without limitation information concerning each party’s services, know how, technology, techniques, or business or marketing plans (collectively, the “Confidential Information”) all of which are confidential and proprietary to, and trade secrets of, the disclosing party. Confidential Information does not include information that: (i) is public knowledge at the time of disclosure by the disclosing party; (ii) becomes public knowledge or known to the receiving party after disclosure by the disclosing party other than by breach of the receiving party’s obligations under this section or by breach of a third party’s confidentiality obligations; (iii) was known by the receiving party prior to disclosure by the disclosing party other than by breach of a third party’s confidentiality obligations; or (iv) is independently developed by the receiving party.
As a condition to the receipt of the Confidential Information from the disclosing party, the receiving party shall: (i) not disclose in any manner, directly or indirectly, to any third party any portion of the disclosing party’s Confidential Information; (ii) not use the disclosing party’s Confidential Information in any fashion except to perform its duties under this Agreement or with the disclosing party’s express prior written consent; (iii) disclose the disclosing party’s Confidential Information, in whole or in part, only to employees and agents who need to have access thereto for the receiving party’s internal business purposes; (iv) take all necessary steps to ensure that its employees and agents are informed of and comply with the confidentiality restrictions contained in this Agreement; and (v) take all necessary precautions to protect the confidentiality of the Confidential Information received hereunder and exercise at least the same degree of care in safeguarding the Confidential Information as it would with its own confidential information, and in no event shall apply less than a reasonable standard of care to prevent disclosure.
Know Your Customer
You agree that you are solely responsible for verifying the identities of your customers, ensuring that they are authorised to carry out the transactions on your platform, and determining their eligibility to purchase your products and services.
You are also required to maintain information and proof of service or product delivery to your customer. Where a dispute occurs needing resolution, you may be required to provide Kenga with these.
Payment gateways Rules
Each payment gateway and card network has its own rules, regulations and guidelines. You are required to comply with all applicable payment Network Rules that are applicable to merchants. You can review portions of the Network Rules at Mastercard, Visa, Verve and other payment cards. The Payment gateways and Card Networks reserve the right to amend the Network Rules.
Customer Payments
You may only process payments when authorised to do so by your customer. We will only process transactions that have been authorised by the applicable Card Network or card issuer.
We do not guarantee or assume any liability for transactions authorised and completed that are later reversed or charged back (see Chargebacks below). You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Kenga may add or remove one or more payment types or networks at any time. If we do so we will use reasonable efforts to give you prior notice of the removal.
Restricted Activities & Acceptable Use Policy
You are independently responsible for complying with all applicable laws related to your use of our website and services. However, by accessing or using Kenga, you agree to comply with the terms and conditions of our Acceptable Use Policy and are restricted from the activities specified in it which you can read on our Acceptable Use Policy page.
Privacy Policy
Kenga is committed to managing your Personal Information in line with global industry best practices. You can read our Privacy Policy to understand how we use your information and the steps we take to protect your information.
Disclaimers
WE TRY TO KEEP Kenga AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Kenga MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR WEBSITE OR FROM Kenga, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "Kenga PARTIES") SHALL CREATE ANY WARRANTY.
Limitation of Liability
IN NO EVENT WILL ANY OF THE Kenga PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT OF THE TRANSACTION OR ONE THOUSAND UNITED STATES DOLLARS (US$1,000.00) DOLLARS, WHICHEVER IS LESSER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH Kenga’S WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF Kenga’S WEBSITES OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Kenga Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Kenga’s Party's liability shall be the minimum permitted under such applicable law.
Indemnity
You agree to defend, indemnify, and hold Kenga, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Agreement.
Updates, Modifications & Amendments
We may need to update, modify or amend our Merchant Terms of Service as our technology evolves. We reserve the right to make changes to this Merchant Terms of Service at any time by giving notice to users on this page. We advise that you check this page often, referring to the date of the last modification on the page If you have any objection to any of the changes to this Merchant Terms of Service, you must cease using our website and/or services immediately.
Applicable Law
These Terms of Use shall be interpreted and governed by the laws currently in force in the Federal Republic of Nigeria.
Legal Disputes
We shall make an effort to settle all disputes amicably. Any dispute arising out of this Agreement which cannot be settled, by mutual agreement/negotiation within 1 (one) month shall be referred to arbitration by a single arbitrator at the Lagos Multi-Door Courthouse (“LMDC”) and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. The arbitrator shall be appointed by both of us (we and you), where both of us are unable to agree on the choice of an arbitrator, the choice of arbitration shall be referred to the LMDC. The findings of the arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs in connection with the Arbitration. Venue for the arbitration shall be Lagos, Nigeria.
Severability
If any portion of these Terms of Use is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms of Use and shall not affect the validity or enforceability of any other part in this Terms of Use.
Miscellaneous
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Assigning or sub-contracting any of your rights or obligations under these Terms of Use to any third party is prohibited. We reserve the right to transfer, assign or subcontract the benefit of the whole or part of any rights or obligations under these Terms of Use to any third party.