Terms & Conditions of Use

The ICTLife Philosophy

Ideas Come To Life Ltd, or ICTLife (“us”, “we”), is a technology company building services and products to enable “A Prosperous Africa”. We aim to do this through building technology infrastructure and related applications and platforms that unlock the potential of better commerce across our economies.

We would like to fulfil this mission while respecting our customers’ fundamental rights, such as privacy, and remaining transparent and straight-forth in our guiding principles and business practices.

Our aim therefore with these terms and conditions (may also be referred to as “general terms and conditions”) is to set the common ground that guides our association with you (the user of our services and products) and to create a sense of clarity and understanding between us and our customers.

These terms and conditions will govern the relationship between us and a user of the ICTLife Merchant mobile Application(“the Merchant App”, or simply “the App”) and the companion websites ( collectively these are hereinafter referred to as the “ICTLife Merchant platform” or the “Merchant platform”, or simply the “platform”).

The basis for these terms and conditions

While we endeavor to facilitate open business practices and accessible technology, we are still subject to legal and regulatory requirements within the jurisdictions where we operate. We therefore would like to safeguard the interests of our customers while also remaining compliant with such regulatory obligations. We also advocate for the openness and clarity of our business policies to our customers and we hope to set up the foundation here.

As well, it is important to bear in mind that we invest ourselves in developing the technology and related intellectual property, and that we must therefore provide our services and products while safeguarding our rights to such properties and ensure that our efforts bear the intended service and utility to our customers.

We would also like to foster an open and trust-driven Merchant platform with smooth and respectful interaction amongst our users in order to create a prosperous and economically progressive ecosystem with minimum conflict and dispute.

Accessing the ICTLife Merchant platform

You can access the ICTLife main website at https://www.ictlife.com. The website will contain links to the ICTLife Merchant platform, including the Merchant App and its companion website (which you may also access directly at https://merchant.ictlife.com or the current address at your time of access). Links to the App may also point you to our published sources (commonly referred to as “stores”, such as the Google Play store, the Apple App store, etc) from where you can download and install the Merchant App onto your device.

You agree that, upon downloading the App from such a third party store, you will be bound by the specific terms and conditions that govern the use of such store.

Your access and interaction with the Merchant platform will constitute your full agreement with these general terms and conditions henceforth unless terminated as per the provisions herein.

Intellectual property rights on the ICTLife Merchant platform

For the correct operation of the ICTLife Merchant App, you are entitled to download and use only a single copy of the App for each mobile device.

Subject to the express provisions of these terms and conditions:

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ICTLife, together with any of our licensors, own and control all the copyright and other intellectual property rights in the ICTLife merchant platform;
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All the copyright and other intellectual property rights on the ICTLife Merchant platform are reserved;
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The ICTLife logo, related logos and our other registered and unregistered trademarks are owned by us; we give no permission for the unauthorized use of these trademarks, and such use may constitute an infringement of our rights.
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We may charge you a license fee for the use of the ICTLife Merchant platform, which we solely will determine depending on the intended duration of use of the platform, or based on any other criteria as we may deem fit, including but not limited to your desired use of certain premium components or features and other exclusive functionality. We shall clearly communicate such fees where applicable through appropriate channels such as the App download page, a companion website of the App, our main website and in-App notifications amongst others.

Please note that mobile service provider charges, such as your internet connectivity data fees are not inclusive in any license fees we may charge you for usage of the platform and you will therefore be required to bear such costs separately based on your agreement with your mobile service provider;
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Once these terms and conditions come into effect (as outlined above), and upon your payment of the license fee to us, if so required, we shall grant you an exclusive, non-transferable and non-assignable license for the duration of your use of the ICTLife Merchant platform and only for your personal or business use of the platform.

You agree:

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not to adapt, translate, modify, enhance, recompile, decompile or reverse-compile, including binary-editing, or otherwise reverse-engineer the ICTLife Merchant platform or any of its components;
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not to merge, interface, combine the whole or part of the ICTLife Merchant platform or any source code or similar derivatives of the platform including any associated documentation without our prior written consent;
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that any part of the ICTLife Merchant platform which is derived from open source components may only be used in accordance with the applicable license terms of such components;
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not to use the ICTLife Merchant platform on behalf of or download it for/to, or make it available to third-parties in exchange for a fee without our express written consent;
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not to charge or receive any fees or commissions whatsoever from a third party for any services rendered through your direct use of the ICTLife Merchant platform where such service would be directly available to such third parties should they independently install and use their own copy of the App;
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to use the ICTLife Merchant platform within the local and international legal and regulatory restrictions that apply to you. You commit not to use the platform for criminal, fraudulent or other illegal purposes.
The third party registered and unregistered trademarks or service marks on the ICTLife Merchant platform, including copyrighted content, are the intellectual property of their respective owners and we do not endorse, neither are we affiliated with any of the holders of such rights, and as such we cannot grant any license to exercise those rights. Your usage of the Merchant platform does not imply or grant you any rights to such intellectual property; such can only be granted by the respective owners.

For clarity and the avoidance of doubt :

ICTLife does not transfer any title or ownership of the ICTLife Merchant platform and any of its components to you and we reserve any and all rights that are not expressly granted to you.

Usage and Interaction on the ICTLife Merchant platform

Account Setup and registration

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You can access the ICTLife Merchant platform as provided in the “Accessing the ICTLife Merchant platform” section above.
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You must have attained the legal adult age in your jurisdiction/country (commonly 18 years) to qualify to use the ICTLife Merchant platform. We may also require that you register for an account with us for the purposes of using the platform and/or any related services that we offer to our customers.
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You may register for an account by completing the account registration process on the ICTLife Merchant platform. You represent and warrant that all information submitted as part of the registration process, including all subsequent updates or modifications, is complete and accurate.
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If we permit the registration of your account on the ICTLIfe Merchant platform, it will remain open indefinitely, subject to these terms and conditions and any of their updates as we may make from time to time.
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You understand and agree that by registering an account on the ICTLife Merchant platform, no legal partnership or agency relationship is created between you and ICTLife. You agree not to represent otherwise without our expressly granted permission.
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We will require that you access and maintain a logged-in session with your account through the provided authentication and authorization procedures to access any services or sections of the Merchant platform that require an account. We may invalidate such login sessions and force the re-authentication of existing sessions should we determine, in our sole discretion, any suspicious or otherwise potentially dangerous or unwanted activity on your account.
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If you set up an account for use in the course of a business or other organizational or similar project, then you:

i) pledge that this is a bona-fide business or project that is legal and adheres to the local and international laws i.e. it is not an illegal business.
ii) pledge that you have any required licenses and have met any other requirements imposed on your type of business by the jurisdiction in which you operate it.
iii) pledge that this is not a fraud or scam, or sale of any illegal goods or services
iv) bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these general terms and conditions; and
v) agree that “you” in these terms and conditions shall reference both the individual user and the relevant person, company or legal entity unless the context explicitly requires otherwise.
vi) confirm that you have obtained the necessary authority to agree to these terms and conditions;
vii) confirm that you have obtained the necessary authority to submit onto the ICTLife platform any material that may be subject to the intellectual property rights of such business or organization;
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Unless you own or control the relevant rights in all the material (or have obtained the necessary authority to do so), you must not:

i) post or otherwise publish material onto the ICTLife Merchant platform through the ICTLife Merchant App, a companion website or any other channel including third party channels;
ii) republish material from the ICTLife Merchant platform (including republication on another website);
iii) sell, rent or sub-license material from the platform;
iv) show any material from the platform in public;
v) exploit the material from the platform for a commercial purpose; or
vi) redistribute material from the platform.
Subject to the above clause and the other provisions of these terms and conditions, you may forward links to merchant profiles and related content on the platform and redistribute our promotional materials in print and electronic form to any person. You agree to take full responsibility and indemnify us from any liabilities arising from your distribution and/or redistribution of such material.
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The ICTLife merchant platform may also contain links to third party websites and other services that are not owned, offered or controlled by us. Please exercise due care when following such third party links since any resultant content or claims are entirely the responsibility of such third party website or service.
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During account registration, you may be asked to provide an account identifier token, such as your phone number, an email address or a username. You will also be required to maintain an account security token that you may create yourself(such as a password or PIN) or which may be auto-generated by our system, such as a one-time password(OTP). You agree to keep such account identifiers and security tokens confidential for as long as they remain valid for accessing your account, and to change the security tokens from time to time and in the event that you suspect or become aware of the disclosure of the security token to another party.
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You shall be responsible for all activity on your ICTLife platform account, including activity arising from your failure to maintain the confidentiality of your account access and security tokens. You are therefore advised to take this matter seriously as you may be held liable for any resultant loss or damage.
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The installation process and set-up of certain components of the ICTlife Merchant platform, such as the mobile App, may require that you grant us certain permissions on your device. Most mobile devices provide you with information about these permissions and you are advised to check your device procedures should you have any questions on these permissions. We will use such permissions and any data we subsequently collect to provide ICTLife services, and as published within the ICTLife Merchant platform privacy policy.
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Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk and responsibility.
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We reserve the right to suspend or restrict access to the entire ICTLife Merchant platform, to areas of the platform and/or to certain functionality of the platform. We may, for example, limit access to the platform during technical maintenance or other updates. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures we may put on the platform.
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You may cancel your ICTLife platform account at any time by contacting us as provided in the contact information section of this document.

Usage of ICTLife Merchant platform website(s)

You may connect to an ICTLife Merchant platform website to:
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view pages from such website in a web browser;
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download pages from the website for caching in a web browser;
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print pages from the website for your own personal and business, excluding bulk, systematic or excessive printing, and within the provisions of these terms and conditions;
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stream audio and video files from our website using the media player on our website or any third party media that we may integrate into the website; and
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use the ICTLife platform services by means of a web browser or on your mobile device, subject to the other provisions of these terms and conditions.

Except as expressly permitted above or in the other provisions of these terms and conditions, you must not download any material from the ICTLife Merchant platform website or save any such material to your computer.

You may only use the ICTLife platform services for your own personal and business purposes in respect of facilitating legitimate commerce and trade of products or services on the platform.

Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on the website.

General prohibitions

You hereby agree NOT to:

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use the ICTLife Merchant platform in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
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use the ICTLife Merchant platform in any way (or take any action) that causes, or may cause, damage to the platform or impairment of the performance, availability, accessibility, integrity or security of the platform;
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hack or otherwise tamper with the ICTLife Merchant platform or any of its components;
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probe, scan or test the vulnerability of the ICTLife Merchant platform without our prior express written permission;
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circumvent any authentication or security systems or processes on or relating to the ICTLife merchant platform or any of ICTLife products or services;
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use the ICTLife Merchant platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
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impose an unreasonably large load on the ICTLife Merchant platform resources (including bandwidth, storage capacity and processing capacity);
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decrypt or decipher, or attempt to decrypt or decipher, any communications sent by or to the ICTLife Merchant platform without our permission;
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conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the ICTLife Merchant platform without our express written consent;
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access or otherwise interact with the ICTLife Merchant platform using any robot, spider or other automated means, except for the purpose of search engine indexing;
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violate the directives set out in the robots.txt of an ICTLife Merchant platform website or similar directive instructions applicable on any ICTLife product;
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use data collected from or through the ICTLife Merchant platform for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
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take, or cause to be taken, any action that interferes with the normal use and/or acceptable functionality of the ICTLife Merchant platform or any of its components.

Your grant of rights to ICTLife to use your content

By uploading or otherwise submitting content onto the ICTLife merchant platform through any channel provided by us or a third party, and unless we indicate otherwise:

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You represent and warrant that you own or otherwise control all of the rights to the content that you post or publish; that the content is accurate; that use of the content you supply does not violate these terms and conditions and any of our other policies and guidelines and will not cause injury to any person or entity; and that you will indemnify ICTLife for all claims resulting from content you supply.
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You grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use,reproduce, store, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content across our marketing channels and any existing or future media.
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You grant us and our existing and future sublicensees the right to use the name that you submit in connection with such content, if they choose.
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You hereby waive all your moral rights(including but not limited to attribution and the integrity of works) in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

Note: Moral rights here refers to the rights relating to “the connection between artists and their works and creations”, and not the “morals” as advocated in matters of behavioral ethics and religion.

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You grant to us the right to bring an action for infringement of the rights licensed under clause 2 above.

ICTLife respects the intellectual property of others, and we would like to ensure that there is mutual regard and respect for intellectual property amongst all users on the platform. If you believe that your intellectual property rights have been infringed, please submit your complaint using the flagging and reporting capability provided within the context of the material, such a review, post or account profile, citing the relevant information as provided in the reporting procedure.

You may also submit a written claim of intellectual property infringement to our contact address as supplied in the contact section of this document:

Written claims must include:

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A description of the intellectual property or work that you claim has been infringed upon;
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A description of where the material that you claim is infringing is located on the platform and preferably with a link or printed representation to such material;
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A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property interest;
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Your address, telephone number, and e-mail address, and similar details of each, if any, intellectual property owners you represent within the context of the claim being filed with us;
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A statement by you that you have a good-faith interest and belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
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A statement by you, made under penalty of perjury, or other oath under a legally competent authority within applicable jurisdiction, that the above information in your notice is accurate and that you are the intellectual property owner or an authorized representative of the respective owner(s).
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Relevant documentation that may act as proof of ownership of the intellectual property in question, including physical/scanned copies of such documentation, electronic attachments and links to similar resources.

We commit to respond quickly to the concerns of intellectual property rights owners about any alleged infringement, and we will terminate repeat infringers in appropriate circumstances.

Community Interaction guidelines

All interactions on the ICTLife Merchant platform shall be made in accordance with the ICTLife Community Interaction policy, which we may solely review from time to time and publish related changes or updates on our website. You will be duly notified of such changes or updates.

Content curation, reporting and related disputes

While we do not guarantee to keep the content on the entire platform appropriately and adequately curated at all times, we will endeavor to enforce our policies in regard to the acceptable content on the platform and its usage.

Users of the platform are advised to flag and report any content that they deem unacceptable according to the provisions of these terms and conditions, or that potentially contravenes the spirit of the platform, including violating the rights of other users amongst other reasons.

Whenever possible, we will provide actionable items, such as clickable “flag” buttons within the context of platform content , which users can use to report any concerning content they spot.

Users may also contact us directly using the contact information provided in this document to report on concerning content on the platform. Such reports must contain:

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Your address, telephone number, and e-mail address
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Clear reasons why you believe the cited content is in conflict with any of our provisions, or is otherwise concerning. Possible reasons non-exhaustively include:

i) Infringement of intellectual property - see the dedicated section above on related matters.
ii) Inappropriate material such as racist content, nudity or similarly offensive material.
iii) Misleading information or misrepresentation with malicious or illegitimate interests.
iv) Fraudulent or scamming content, including “seemingly innocent clever schemes” and other illegal content.
v) Any other alarming or concerning reasons, which must be clearly expressed.

We reserve the right (but not the obligation) to monitor, respond, edit, unpublish or delete any reported activity or content on the platform.

Continuous improvement, updates and upgrades

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From time to time, we may offer updates and upgrades to the ICTLife Merchant platform, in whole or in part, with the aim of correcting errors (“fixing bugs”) or adding features (“updates”), or replacing the platform with a new or improved version (“upgrades”). For the continued enjoyment of use of the platform, you will be required to constantly install such updates and upgrades, which we will avail on our website, through in-App notifications and/or through third party stores.
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We will not require you to pay any extra fees in addition to any license fees already paid to us within the agreed and applicable duration of use of the platform in the event of such updates or upgrades.
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Whenever we release the revised or improved versions of the platform or its components, we reserve the right to discontinue access, availability and support for the previous versions of the platform, including such affected components, in order to provide adequate level of service and enhance security and data privacy mechanisms, amongst other reasons.

Our standpoint on Data Privacy

The privacy of your information, including personal information, business information, information about your usage of the App and other personally identifying information, is very important to us and shall be handled in accordance with the ICTLife Merchant platform privacy policy, which we may solely review from time to time and publish related changes or updates on our website. You will also be duly notified of such changes or updates as provided in the “Variations and updates” section of these general terms and conditions.

Due diligence and audit rights

To fulfil our business goals and legal obligations, we may implement certain compliance programs and we reserve the right to perform due diligence checks on any user of the ICTLife Merchant platform and related services.

You agree to provide to us or our legal representatives all such information, documentation and access to your business premises as may be required to verify your adherence to, and performance of your obligations under this agreement, or as otherwise required or provided by applicable law or regulation.

Our responsibility as the provider of the Merchant platform

While we will endeavor to ensure the merchant platform remains a sustainably progressive, legally observant and trusted center of prosperous commercial interaction between businesses and their customers:

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We do not guarantee any commercial results concerning the use of the ICTLife Merchant platform.
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You acknowledge that:

i) we do not confirm the identity of all platform users, check their credit worthiness or bona fides, or otherwise vet them;
ii) we do not check, audit or monitor all information contained in listings or any other content on the platform;
iii) we are not party to any contract for the sale or purchase of products and/or services advertised on the platform;
iv) we are not involved in any transaction between a buyer and a seller in any way, save that we facilitate a trust-based platform for buyers and sellers;
v) we are not the agents for any buyer or seller on the platform, and accordingly we will not be liable to any person in relation to the offer for sale, sale or purchase of any products or services advertised on the platform; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract for the sale or purchase of any products or services on the platform and we will have no obligation to mediate between the parties to any such contract.
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We do not represent or warrant:

i) the completeness or accuracy of the information published on the platform;
ii) that the material on the platform is up to date;
iii) that the platform will operate without fault or failure; or
iv) that the platform or any service published on the platform will remain available.
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We reserve the right to discontinue or alter any or all of the ICTLife Merchant platform services, and to stop publishing the platform, at any time in our sole discretion without notice or explanation; and you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any ICTLife Merchant platform services, or if we stop publishing the platform altogether.
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As the provider of the platform, we reserve the right to curate the content that is displayed on the merchant platform and organize it on our marketplaces. We reserve the right (but not the obligation) to edit, delete, suspend content that in our sole discretion goes against the terms and conditions. We additionally reserve the right to suspend or delete accounts which are found to be violating the terms and conditions herein. You may appeal the decision to suspend or terminate your account or remove/edit your posts through our dispute resolution process.

Disclaimer of warranties and limitation of liability

As part of our mission, we will endeavor to deliver our technology and the related user experience in the best state.

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We will ensure that the platform’s components are well tested to the best of our ability and while we do not guarantee that the platform will be 100% free of errors, we will strive to have as thorough a testing process as possible and feasible at the time of release of the platform or its components.
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We will do our best to ensure we adequately address the security risks arising from the features in the platform, including implementing the related countermeasures. While 100% security is impossible, we will do our best to keep improving the platform while incorporating user feedback as reasonably (and feasibly) as possible to address arising challenges or concerns in the user experience of our products.
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We will endeavor to deliver the platform and its components in the state that best delivers and serves your intended purposes while respecting the intellectual property rights of others. We however, and understandably do not guarantee the merchantability or fitness-for-purpose of the platform to your specific needs. We are however open and committed to listen and as feasible, work with you to improve the platform and meet your needs as closely as possible.
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We would like our users to understand and appreciate that we still operate within technological and human limitations and as such, while we will put in our best efforts, we do not guarantee that our product development procedures and the results will be 100% correct and/or free from errors which may therefore sometimes, and inevitably, produce undesirable effects during the use of the platform.
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You therefore agree to not hold us liable for any direct or indirect loss or damage incurred as a result of the malfunction, irresponsiveness, unavailability or any other undesirable effect or operation of the ICTLife Merchant platform.

Indemnification

You hereby indemnify us, and undertake to keep us indemnified, against:

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any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of the platform or any breach by you of any provision of these general terms and conditions or any other ICTLife policies, codes or guidelines; and
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any VAT liability or other tax liability that we may incur in relation to any sale, supply or purchase made through the platform, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.

Discontinuation of this agreement

We understand that under certain circumstances, you may no longer be willing to continue using the ICTLife Merchant platform, or to otherwise be bound by these terms and conditions. In such cases, we require that you, where applicable, uninstall the Merchant App and delete all related files from all devices on which you have installed the App or otherwise used to access the Merchant platform.

We may also terminate this agreement with you in the event that (in our sole discretion and judgement,) we reasonably conclude that we no longer wish to continue the agreement. This is, for example, and without limitation, in the event of your unacceptable violation of these terms and conditions, or your violation of any of the other ICTLife guidelines or policies, amongst other reasons which we may choose to disclose to you or not.

We will upon the termination of these terms and conditions:

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NOT be obliged to make any compensation to you whatsoever, or refund any license fees previously paid to us for your use of the platform and related services;
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NOT be obliged to transfer historical data from your account profile and related activity onto any other account on our platform;
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Henceforth handle your data retained on our systems in accordance with our privacy policy and related provisions.

Severability of provisions in these terms and conditions

For clarity and the avoidance of doubt:

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If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
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If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Transfer of rights/Assignment

You agree that we may also transfer, assign, subcontract or otherwise deal with any of our rights or obligations under these terms and conditions to a third party, such as in the event of a change or transfer of our organizational ownership. You will be notified in the event of such changes, and we will endeavor to ensure that such changes are congruent and in alignment with these terms and conditions for our continued and progressive relationship.

You may not, without our prior written consent, transfer, assign, sub-contract or otherwise deal with any of your rights and/or obligations under these general terms and conditions.

Resolution of disputes and applicable law

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These terms and conditions shall be governed by the laws of the Republic of Kenya and subject to item (b) below, the parties irrevocably submit to the Courts of law in Kenya.
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In the event of a dispute, the parties to these terms and conditions shall prefer to settle the dispute amicably through negotiation in good faith. In the event that the dispute remains unsettled for a duration of sixty(60) days, the matter shall be referred to an arbitrator under the rules of the Arbitration (Amendment) Act 1995 of Kenya or any statutory modification or re-enactment for the time being in force, such arbitrator to be appointed by agreement of both parties, and in the absence of agreement within fourteen(14) days of notification of the dispute by either party to the other then on the application of any one party to the Chairman of the Kenyan Chapter of the Chartered institute of Arbitrators and the decision of such arbitrator shall be final and binding on the parties hereto.

Our contact information

For any queries, requests and feedback related to these terms and conditions, please send us an email addressed to info@ictlife.com, or contact us by postal mail sent to the ICTLife address below:

The Management,
Ideas Come To Life Ltd, Block A-7, Rehema Place,
Junction of Ngong Rd and Ring Road Kilimani,
Nairobi, Kenya
P.O. BOX 13908-00800 Westlands, Nairobi, Kenya
Last Modified: 21st October, 2020
Effective: 30th October, 2020