Terms of service
Effective Date: October 1, 2024
Welcome to Hafinen! These Terms of Service ("Terms") govern your use of Hafinen`s website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. Please read them carefully.
1. Acceptance of Terms
1.1 Agreement
By using our Services, you agree to comply with these Terms and any additional terms that apply to specific aspects of the Services. If you do not agree, do not use our Services.
1.2 Updates
We may update or modify these Terms from time to time. If we make material changes, we will notify you through the Services or other means to provide you with the opportunity to review the changes before they become effective. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms.
2. Account Registration
2.1 Account Creation
You may need to create an account to access certain features of our Services. When creating your account, you must provide accurate and complete information. Please refer to our Privacy Notice for details on how we handle and protect your personal data.
2.2 Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect unauthorized access to your account.
3. Use of the Services
3.1 Permitted Use
You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services:
- For any unlawful purpose, including but not limited to the commission of illegal activities, fraud, or the violation of any applicable laws;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial, county, or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape; or
- For any obscene or immoral purpose
3.2 Compliance
You agree to comply with all applicable laws and regulations regarding your use of the Services.
4. Content
4.1 User Content
You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute such content for the purpose of operating and improving the Services.
4.2 Prohibited Content
You agree not to post, transmit, or otherwise make available any content that:
- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;
- Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Constitutes unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
- Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.
5. Intellectual Property
5.1 Ownership
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (collectively, "Hafinen Content"), are owned by Hafinen or its licensors, and are protected under applicable intellectual property laws.
5.2 Use Restrictions
Except as expressly authorized by Hafinen, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Hafinen Content, in whole or in part.
6. Termination
6.1 Termination
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
6.2 Effect of Termination
Upon termination, your right to use the Services will immediately cease. 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.
7. Limitation of Liability
7.1 Disclaimer of Warranties
The Services are provided on an "as is" and "as available" basis, without any warranties, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Hafinen does not guarantee that the Services will be uninterrupted, timely, secure, or free from errors or defects.
7.2 Limitation of Liability
Under no circumstances shall Hafinen, its directors, employees, partners, agents, suppliers, or affiliates be held liable for any indirect, incidental, special, consequential, or punitive damages. This includes, but is not limited to, loss of profits, data, use, goodwill, or any other intangible losses arising from: (i) your access to or use of, or inability to access or use, the Services; (ii) any actions, omissions, or content provided by third parties on the Services; (iii) any content obtained through the Services; or (iv) unauthorized access to, use of, or alteration of your transmissions or content.
This limitation applies regardless of whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, and regardless of whether we have been advised of the possibility of such damages. Even if a remedy specified in these terms is deemed to have failed in its essential purpose, our liability remains limited as described above.
8. Settling Disputes, Governing Law, and Courts
8.1 Governing Law
All disputes arising from or relating to these terms, or any associated services, will be governed by the laws of Kenya, without regard to its conflict of laws rules. Such disputes will be resolved exclusively in the superior courts of Kenya, and both you and Hafinen agree to submit to the personal jurisdiction of these courts.
8.2 Local Law Exceptions
If applicable local laws in your country, state, or region prevent certain disputes from being resolved in a Kenyan court, you may bring those disputes in your local courts. Similarly, if local laws prohibit your courts from applying Kenyan law to settle disputes, then those disputes will be governed by the local laws of your country, state, or place of residence.
9. Contact Us
9.1 Contact Information
If you have any questions, concerns, or complaints regarding this site/our platform, please contact our designated legal team using the following details:
Title: Hafinen Legal Team
Subject: Terms of service
Email: [email protected]
Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.
Hafinen will take any legal complaint seriously and any complaint will be assessed by an appropriate person with the aim of resolving any issue in a timely and efficient manner. We request that you cooperate with us during this process and provide us with any relevant information that we may need.
