Terms of Use

  1. Contractual Relationship

These Terms of use govern your use and access of the www.mycomplykit.com for services and products made available on the website.

YOU ARE REQUIRED TO READ CAREFULLY AND ACCEPT THESE TERMS OF USE BEFORE USING THE MYCOMPLYKIT SERVICES AND PRODUCTS

In these Terms of Use we will use;

‘Agreement’ to refer to these Terms of Use and Privacy Policy.

 ‘Terms’ to refer to the Terms of use.

‘Us’ and ‘Our’ to refer to Mycomplykit, www.mycomplykit.com and our affiliates.

‘You’ and ‘Your’ to refer to the customer, visitor, user of our services and products.

These terms apply to your use of www.mycomplykit.com and all our content irrespective of the device or platform you use to access it, our services and products.

We may modify the terms of service from time to time and such modifications shall be effective immediately upon notification to you and posting of the modified terms of use on the website. By continuing to access the Application or Website following posting of changes to the Terms of Use, you agree to all such changes. Your acceptance establishes a contractual relationship between you and Mycomplykit.

We strongly recommend that you read these Terms in their entirety before access and use of our services and products. If you do not agree with the Terms, you should not use our website, services and products.

  1. The service

Mycomplykit is a web-based platform that provides services related to Privacy and Data Protection compliance by providing free information and compliance self-assessment, consultation with our experts, pre-packaged and legally usable and enforceable compliance documents(products) to businesses.

  1. Third Party sites, content and services

The Services may be made available or accessed in connection with third party services and content (including advertising) that Mycomplykit does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. We do not endorse such third-party services and content and in no event shall we be responsible or liable for any products or services of such third-party providers.

Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited , any other providers of operating systems and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively or any other operating systems. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

  1. Intellectual Property

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Application or Website are copyrighted by Mycomplykit, unless otherwise noted.

Mycomplykit is a registered trademark and you may not use it without written permission from Mycomplykit.

This Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks, or any other intellectual property belonging to Mycomplykit or any third party is strictly prohibited and will be prosecuted to the fullest extent of the law.

  1. Ownership

The Services and products and all rights therein are and shall remain Mycomplykit property or the property of its licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the services and products except for the limited license granted herein; or (ii) to use or reference in any manner Mycomplykit company names, logos, product and service names, trademarks or services marks or those of our licensors.

  1. License

Subject to your compliance with these Terms, Mycomplykit grants you a limited, non-exclusive, worldwide, perpetual, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access, display and use any content, information and related materials that may be made available through the Services, in each case solely for your noncommercial use.

  1. How the Services and products work

Registration

To carry out any transactions or communicate with us from the website, you will be required to create an account and provide certain information. See our Privacy Policy on how we handle your information.

You will manage your account and account information from your portal.

Self-Assessment Test

In order to guide you in determining your level of compliance and identify what you need to do, we provide a free self-assessment test. You may take the test as many times as you require.

Purchase of Products

The website provides you with compliance documents for purchase. Depending on your needs, you may purchase a number of documents bundled together in a package or select individual documents that you require. To guide you in determining what you need, we recommend taking our free self-assessment test. To purchase a document, select the document which will be added to your cart. To make payment you will need to register a user account.

Request for customization

If you identify the package or single compliance document for purchase, you may request for customization to suit your organization. You will receive an e-mail notification confirming receipt of the request and thereafter receive your selected documents upon payment within 72 hours.

You may be requested to provide additional information to enable us to effectively customize your documents.

Request for an appointment/meeting

You may request for an appointment or meeting with our experts at any time. Upon your request being received, we will send you an e-mail to your disclosed e-mail address to set a time and date for the meeting.

A meeting allows you to meet our legal team who will give you the necessary advice and support in driving your business to compliance.

Once a meeting is confirmed, a consultation fee shall be applicable.

  1. Single Use Products

The services and products we provide under www.mycomplykit.com are single user. You many not share your paid for product with another person, business or organization.

Any unauthorized sharing of products will amount to a breach of Copyright and we may take the necessary action to secure our rights.

Any use of shared products or documents will amount to breach of these Terms and any such user shall indemnify Mycomplykit of any liability arising from such sharing and use of shared products and documents.

  1. Fees

The cost of each product shall be displayed together with the product and includes the applicable VAT.

All Users are solely liable for their own tax obligations arising out of the use of the services and Users agree to indemnify Mycomplykit from any such liability.

  1. No-Refunds

Due to the nature of our services and products, once an order is confirmed, payment processed and the products delivered, fees are not refundable.

To avoid having the products purchased being delivered to the wrong address, ensure you provide accurate information. Mycomplykit will not be liable for any loss arising out of products delivered to the wrong address based on information you provide and you indemnify Mycomplykit of any such loss, damage or liability.

  1. Implementation

The services and products of Mycomplykit are intended to guide and aid you in complying with the laws and policies on Privacy and Data Protection.

You acknowledge that you will read all the policies you purchase and shall ensure compliance with the law within your organization.

You acknowledge that it is your obligation to ensure your organization implements the policies and other measures for compliance with the law and indemnify Mycomplykit of any liability arising out any omission, oversight or failure by your organization to fully comply with the prevailing law on Privacy and Data Protection.

  1. User Accounts

  1. In order to use most aspects of the Services and purchase the products you must register for and maintain an active personal User account (“Account”).
  2. You must be at least 18 years of age to obtain an Account.
  3. Account registration requires you to submit to Mycomplykit certain personal information which includes: –
  1. Full name
  2. Address
  3. Mobile phone number
  4. Age
  5. Name of your business
  6. Address of your business
  7. Phone contacts of your business

(Read our Privacy Policy for details on how we handle your information)

  1. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or products termination of these Terms with you.
  2. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
  3. You may not assign or otherwise transfer your Account to any other person or entity.
  4. You agree to comply with all applicable laws when using the Services and Products, and you may only use the Services for lawful purposes.
  5. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage.
  6. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
  1. Communication

By creating an Account, you agree that we may contact you by e-mail, text (SMS) messages or phone calls as part of the normal business operation of your use of the services and products. You may opt-out of being contacted or receiving any communication at any time. You acknowledge that opting out of receiving communication may impact your use of the Services.

  1. User Provided Content.

We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to www.mycompykit.com through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services and Products, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).

Any User Content provided by you remains your property. However, by providing User Content to www.mycomplykit.com, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Products of Mycomplykit business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

  1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Mycomplykit the license to the User Content as set forth above; and
  2. neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Mycomplykit’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Mycomplykit in its sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.

  1. Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees.

You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services provided by www.mycomplykit.com  and any updates thereto.

We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  1. Processing of personal data

Our collection and use of personal information in connection with the Services and Products is as provided in our Privacy Policy. We strongly recommend that you read the Privacy Policy as it forms part of this Agreement.

  1. Disclaimers; Limitation of Liability; Indemnity.

Disclaimer

The services are provided “as is” and “as available.” Mycomplykit disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Mycomplykit makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or products requested through the use of the services, or that the services will be uninterrupted or error-free.

Our website may provide links to third party websites. Access to any other sites linked to these websites is at your own risk. We assume no responsibility for third-party websites, their content or services and make no representations regarding the accuracy of materials on third-party websites.

Limitation of Liability

Mycomplykit shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if it has been advised of the possibility of such damages. Mycomplykit shall not be liable for any damages, liability or losses arising out of; (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any other user, even if Mycomplykit shall not be liable for delay or failure in performance resulting from causes beyond app4Jobs’s reasonable control.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Mycomplykit’s aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

Indemnity.

You agree to indemnify and hold Mycomplykit and its officers, directors, employees, agents, suppliers, licensors and business associates harmless from any and all claims, demands, losses, liabilities,  damage and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or Products  obtained through your use of the Services; (ii) your breach or violation of any of these Terms and the Agreement; (iii) Mycomplykit use of your User Content; (iv) unauthorized use; (v) your violation of the rights of any third party; or (vi) your violation of any applicable law.

  1. Breach of terms

You understand that without prejudice to Mycomplykit’s other rights under these Terms, if you breach these Terms, Mycomplykit may take such action it deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software and/or bringing court proceedings against you.

  1. Governing law and Dispute Resolution

These Terms of Use are governed by the laws of the Republic of Kenya.

Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to good faith negotiations between the appointed representatives and initiated through formal notice.

Where such a dispute is not resolved within 45 days from the date of the notice, the same shall be submitted to Arbitration by a single Arbitrator appointed by mutual agreement of the parties. Where parties do not agree on the Arbitrator, the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Chapter may appoint an Arbitrator upon written request by either party. The Venue of Arbitration shall be proper exclusively in Nairobi with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Mycomplykit. The decision of the Arbitration Tribunal shall be final and binding.

Any cause of action or claim with respect to services provided by Mycomplykit must be commenced within one (1) year after the action or claim arises save as otherwise provided by law.

  1. Notices

We may give notice by means of a general notice on the Services and Products by electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Mycomplykit by written communication to our email address at hello@mycomplykit.com

  1. General

You may not assign or transfer these Terms in whole or in part without Mycomplykit’sprior written approval. You give your approval to Mycomplykit for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Mycomplykit’s equity, business or assets; or (iii) a successor by merger.

No joint venture, partnership, employment or agency relationship exists between you, or any Third-Party Provider as a result of the contract between you and Mycomplykit or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms.

Mycomplykit reserves the right to (i) modify or discontinue, temporarily or permanently, the Mycomplykit platform and (ii) refuse any and all current and future use of the platform, suspend or terminate your account (any part thereof) or use of the platform, for any reason, including if we believe that you have violated the Terms. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the platform. We will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the platform.

These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

%d bloggers like this: