**Terms and Conditions for Mojagate Ltd**
**Last Updated: 25/01/2025**
**1. Acceptance of Terms**
Welcome to Mojagate Ltd ("Mojagate," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our content services, website [Your Website Address, if any], applications, and any other related services (collectively, the "Services") provided by Mojagate Ltd, a Content Services Provider licensee in Kenya.
By accessing, registering for, or using our Services, you agree to be bound by these Terms and our Privacy Policy [Link to Your Privacy Policy], which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.
**2. Eligibility and Account Registration**
* **Eligibility:** You must be at least 18 years old or the age of legal majority in your jurisdiction to use our Services. If you are under the age of 18, you may only use the Services with the involvement, supervision, and approval of a parent or legal guardian.
* **Account Registration:** To access certain features of our Services, you may be required to register for an account. You agree to:
* Provide accurate, current, and complete information during the registration process.
* Maintain and promptly update your account information.
* Maintain the security of your password and accept all risks of unauthorized access to your account.
* Notify us immediately if you discover or otherwise suspect any security breaches related to the Services or your account.
* You are responsible for all activities that occur under your account.
**3. Description of Services**
Mojagate Ltd provides access to a variety of digital content, including text, audio, video, and interactive features, delivered via mobile networks and/or online platforms"]. The specific services, features, and content available may vary and are subject to change or discontinuation at our sole discretion without prior notice, unless otherwise required by applicable law.
**4. User Obligations and Conduct**
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
* Use the Services in any way that violates any applicable Kenyan national or local law or regulation.
* Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
* Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
* Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Mojagate or users of the Services or expose them to liability.
* Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services.
* Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
* Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
* Decompile, reverse engineer, or otherwise attempt to discover the source code of any software making up the Services.
* Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.
**5. Content and Intellectual Property Rights**
* **Our Content:** All content provided through the Services, including text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of Mojagate Ltd or its content suppliers and protected by Kenyan and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and content for your personal, non-commercial use only.
* **User-Generated Content :** If our Services allow you to post, link, store, share, or otherwise make available certain information, text, graphics, videos, or other material ("User Content"), you are responsible for the User Content that you post, including its legality, reliability, and appropriateness.
* By posting User Content, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
* You represent and warrant that: (i) the User Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your User Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.
* We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.
**6. Fees, Payments, and Subscriptions**
* **Fees:** Certain Services or features may be subject to fees. You will be notified of any applicable fees before you incur them.
* **Payment:** You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. We may use a third-party payment processor to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms.
* **Subscriptions:** If you subscribe to a Service, your subscription will automatically renew at the end of each subscription period unless you cancel it. You will be charged the then-current subscription fee.
* **Refunds:** All fees are non-refundable except as required by law or as otherwise stated by us in writing.
* **Changes in Fees:** We reserve the right to change our subscription fees or other charges at any time. We will provide you with reasonable prior notice of any such changes.
**7. Third-Party Links and Services**
Our Services may contain links to third-party websites or services that are not owned or controlled by Mojagate Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Mojagate Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
**8. Disclaimers of Warranties**
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
MOJAGATE LTD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
**9. Limitation of Liability**
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MOJAGATE LTD, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) [KES 5,000].
**10. Indemnification**
You agree to defend, indemnify, and hold harmless Mojagate Ltd, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.
**11. Termination**
* **By You:** You may terminate your account and these Terms at any time by [Describe procedure, e.g., contacting customer support or using an account deletion feature].
* **By Us:** We may, in our sole discretion, suspend or terminate your access to all or part of the Services, with or without notice, for any reason, including, without limitation, if we believe you have violated these Terms or applicable law.
* **Effect of Termination:** Upon termination, your right to use the Services will immediately cease. If we terminate your account for reasons other than your breach, and you have paid for a subscription, we may offer a pro-rata refund for the unused portion of your subscription, at our discretion. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
**12. Changes to Terms**
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [e.g., 30 days'] notice prior to any new terms taking effect, such as by posting on our website or sending you an email. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
**13. Governing Law and Dispute Resolution**
These Terms and any dispute or claim arising out of, or related to, them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Kenya, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Kenya located in Nairobi. [Alternatively, consider an arbitration clause: "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 Arbitration Act of Kenya. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Nairobi, Kenya. The language to be used in the arbitral proceedings shall be English."]
**14. Severability**
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
**15. Waiver**
No waiver by Mojagate Ltd of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Mojagate Ltd to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
**16. Entire Agreement**
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Mojagate Ltd regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
**17. Contact Information**
If you have any questions about these Terms, please contact us at:
Mojagate Ltd
34 Riverside Lane,
Nairobi,
Kenya
legal@mojagate.co.ke
