Terms & Conditions

1.1. These terms and conditions, including any and all guidelines, policies or other documents incorporated herein by reference ("Terms of Service") apply to your use of the mocality.co.ke website, the affiliated websites located at mocality.com, and their respective applications and interfaces (collectively, the "Site").
1.2. By accessing, browsing, adding to, or in any other way using the Site (including by rendering services as a Mocality Agent, as defined in clause 4 below), you agree to the Terms of Service . Please read the Terms of Service carefully. Your use of the Site constitutes your acceptance of the Terms of Service. Do not use the Site if you are unwilling or unable to be bound by the Terms of Service.

2. Definitions

In these Terms of Service, the following terms shall have the meanings defined below, unless the context otherwise indicates:
2.1. "Agent" means a registered User who has followed the ‘Become a Mocality Agent’ link or related URL’s (ie www.mocality.co.ke/money and www.mocality.co.ke/agent) to create an Agent Sub-Account and is able to earn fees by providing listing and verification services, as envisaged in clause 6 below;
2.2. "Agent Sub-Account" means the Sub-account which may be created by a registered User in order to earn fees by providing listing and verification services set out in 6.1 below;
2.3. "Business" means a business or service listed on the Site, whether listed by a User or by Mocality.
2.4. "Business Owner" means a registered User who has acquired a Business Owner Sub-Account due to him/her having –
2.4.1. listed his/her own business on the Site by following the ‘Add my Business’ procedure; or
2.4.2. claimed a Business already listed on the Site as a business owned by him/her following the ‘This is my business’ link, and which claim is approved by Mocality.
2.5. "Business Owner Sub-Account" means the Sub-account which may be created by a registered User in order to list a business owned or duly represented by such User, which Sub-account enables such Business Owner to manage his/her Contacts and other aspects of his/her Business Listing;
2.6. "Contact" means a unique person identified by a mobile number and recorded in the list of contacts created by a Business Owner in respect of his/her Business and which identifies the contact as a supplier to the Business or a customer (whether actual or potential) of the Business.
2.7. "Content" means text, images, photos, audio, video, and all other forms of data or communication.
2.8. "Mocality", "we" or "us" means MIH Internet East Africa Ltd (registration number CPR/2009/9839), a company incorporated in the Republic of Kenya, and the owner of the Site.
2.9. "Mocality Content" means Content that is created by Mocality and made available on the Site.
2.10. "Service" means a service whereby Users can search for Businesses, registered Users may list and verify businesses, Business Owners can communicate with their customers and/or suppliers, and various ancillary services.
2.11. "Site" means the www.mocality.co.ke website, the affiliated websites located at http://mocality.com and their respective applications and interfaces.
2.12. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Mocality Content.
2.13. "SMS Credits" means the free SMS’s provided to a Business Owner for use in communicating with the Contacts of his/her Business.
2.14. "Sub-Account" means an Agent Sub-Account or Business Owner Sub-Account as the case may be;
2.15. "Terms of Service" means the Mocality terms and conditions, applicable to all Users, as set out herein, including any terms incorporated herein by reference;
2.16. "Third Party Content" means Content that is made available on the Site by parties other than Mocality or the Users, such as data providers that license data to Mocality for use on the Site.
2.17. "User" means anyone who accesses, browses or in any way uses the Site, whether registered or unregistered. The terms "you" and "your" refer to you, as a user of the Site.
2.18. "User Account" means the general account created for you when you register on the Site, for your personal, non-commercial use only, which may be used to submit, post, and transmit reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content;
2.19. "User Content" means Content that Users submit, post, or transmit to the Site using the Service;
2.20. "Your Content" means Content that you submit, post, or transmit to the Site and/or via the Service, such as the business ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to the Site via the Service. Your Content does not include the information that you submit in order to register or create an account on the Site.

3. Use of the Site and Service

3.1. Subject to the restrictions in these Terms of Service, Mocality grants you permission to use the Site and the Service, including the ability to: (a) search for local Nairobi businesses and services, (b) list your Business on the Site by becoming a Business Owner, (c) list and verify other persons’ Businesses on the Site in exchange for a fee by becoming an Agent, (d) send messages to other Users, and (e) invite people you know to register with the Service.
3.2. You will be exposed to User Content and Third Party Content on the Site and in your use of the Service. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Mocality does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.

4. Eligibility of Users & Businesses

4.1. Only businesses operating in Nairobi, Kenya are eligible to be listed on the Site.
4.2. Only registered Users can list businesses.
4.3. Only Users with Kenyan mobile numbers can become registered Users and obtain a User Account.
4.4. A Business Owner will only be able to add persons with Kenyan mobile numbers as Contacts to his/her Business.

5. User Account and Sub-Accounts

5.1.1. To use some of the features on the Site, you may be required to create a User Account, or one or more Sub-accounts (ie a Agent Sub-Account or Business Owner Sub-Account) and provide information about yourself to us.
5.1.2. In creating your User Account or any such Sub-account, we ask that you provide complete and accurate information about yourself in order to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g. adopt the identity of a celebrity or your next-door neighbour), provide an email address and/or mobile number other than your own, provide a photo other than a photo of your business, or provide any other inaccurate information.
5.1.3. You are responsible for maintaining the confidentiality of your account password/s. You are also responsible for all activities that occur in connection with your account/s. You agree to notify us immediately of any unauthorised use of your account/s.
5.1.4. We reserve the right to close any of your account/s at any time for any or no reason, thereby depriving you of the ability to use some or all of the Services available on the Site.
5.2. Account Requirements and Limits
5.2.1. To be able to edit or add to any Content on the Site in any way, you must register for a User Account. You may only create one User Account and will need a valid Kenyan mobile number to do so.
5.2.2. Once you have a User Account, there are still certain things you won’t be able to do on the Site unless you have created the necessary Sub-Accounts. However, Sub-Accounts may only be opened by Users over the age of 18 years. No persons under the age of 18 years may become Business Owners or Agents and may not open the relevant Sub-Accounts in order to do so. By opening a Sub-Account, you warrant that you are over 18 years of age.
5.2.3. A Business Owner Sub-Account may only be opened by the duly authorised representative or owner of the relevant Business and only one Business Owner Sub-Account may be created for each Business.
5.2.4. An Agent Sub-Account may be opened should you wish to earn fees for rendering listing and verification services in accordance with clause 6 below.

6. Terms applicable to Agents

6.1. Listing and Verification Services
6.1.1. Listing: As Agent, you will be able to list valid businesses owned by others on the Site in exchange for the listing fees set out in 6.2.1 below. In order to properly list a business, you must ensure that the following required information is accurately provided: • Business Name • Primary Business Number • Street Name • Suburb • Category • (Business Photographs are optional, and you will be paid extra for the extra effort)
6.1.2. Verification: As Agent, you will also be requested by Mocality, using your reasonable skill and judgement, to assess and verify the validity of certain Business listings created by others on the Site in exchange for the verification fees set out in 6.2.2 below. For a Business listing to be valid and worthy of validation, the following validity criteria ("Validity Criteria") must be met: • Primary Business Number • (Business Photographs are optional, and you will be paid extra for the extra effort)
6.1.3. The number of businesses you will be able to list will be dependent on the number of business listings that you have validated, and vice versa. You will be able to list 25 (Twenty Five) businesses ("Threshold") before having to verify the same amount of Businesses listed by others and vice versa. This means that although the number of listings and verifications you can perform are endless, your listings may never exceed your verifications, and your verifications may never exceed your listings, by more than the Threshold.
6.1.4. As Agent, you undertake at all times to render the listing and verification services to the best of your ability, to uphold Mocality’s good reputation and not to do anything or omit to do anything which serves to, or may serve to, have a negative impact on Mocality’s reputation or business.
6.1.5. You acknowledge and agree that, although referred to as a Mocality ‘Agent’, you in fact provide the listing and verification services as an independent contractor to Mocality and not as an agent of Mocality and thus you are not entitled to hold yourself out to be an agent of Mocality, act on Mocality’s behalf as its agent/representative, or legally bind Mocality to third parties (or attempt to do so) in any way.
6.2. Fees earned
6.2.1. Listing Fees
6.2.1.1. As Agent, you are entitled to a Listing Fee of 5/= (Five Kenyan Shillings) for every business which you list in accordance with 6.1.1 above as well as a further 35/= (Thirty Five Kenyan Shillings) for every Business listed by you which is subsequently verified by another Agent.
6.2.1.2. Note that you are only entitled to a Listing Fee when a business is properly and accurately listed by you in accordance with the requirements of 6.1.1 above. If Mocality discovers that any of your business listings do not meet such requirements after having paid you the relevant Listing Fee, the relevant Listing Fee must be repaid and Mocality will debit your Agent Sub-Account accordingly.
6.2.1.3. Also note that, although a business owner’s knowledge and/consent is not required prior to your listing of the relevant business, should such business owner thereafter require the relevant business listing to be removed from the Site, Mocality shall do so and the Listing Fee earned by you in respect of same shall be forfeited, or if already paid, be refundable and deducted from Mocality’s next daily payment to you.
6.2.2. Verification Fees
As Agent, you are entitled to a Verification Fee of 40/= (Forty Kenyan Shillings) for every Business listing in respect of which you have properly performed the verification services set out in 6.1.2 above, irrespective of whether the relevant Business listing was validated or not pursuant thereto. However, the Verification Fee is only earned on a verification assessment properly and accurately performed by you in accordance with 6.1.2 above, and thus, should you have incorrectly validated a business listing which does not meet all of the Validity Criteria, or incorrectly withheld validation where Validity Criteria were in fact met, you will NOT be entitled to earn a Verification Fee in respect of such business listing.
6.3. Payment
6.3.1. Mocality pays Verification Fees and Listing Fees on a daily basis (on business days), provided that, a daily payment will only be made if the aggregate of any such fees due to you at the time of the payment run on that day is equal to or exceeds 1,000/= (One Thousand Kenyan Shillings). If the aggregate fees then due to you is less than 1,000/=, the amount due to you will stand over until the next day or such later day as the total fees due to you equals or exceeds 1,000/=.
6.3.2. Payment will be made in the form of M-PESA into the M-PESA account Mocality has on record for you, being the M-PESA account details specified by you when opening your Agent Sub-Account, or as subsequently updated by you using the procedure provided to you online on the Site.
6.3.3. Mocality shall be entitled to set off against or deduct from any Verification and/or Listing Fees due to you, any amounts which may be due by you to Mocality for any reason whatsoever. Also note that any costs associated with M-PESA payments are for your account.
6.3.4. Mocality reserves the right to change the fees and/or payment thresholds at any time, provided that Mocality will notify you of such changes at your Agent Sub-Account webpage on the Site.
6.3.5. Mocality’s electronic system records shall be prima facie proof of such amount/s due to or by you and shall be sufficient for purposes of obtaining summary judgement against you in any court of competent jurisdiction.

7. Changes to the Service

Please note that the Terms of Service may refer to services and/or functions which are not available in the current version of the Service, but which are intended to be launched in later releases of the Service. Be sure to keep visiting the Site for news regarding these exciting new features.

8. Changes to the Terms of Service

These Terms of Service may be modified by Mocality at any time in its sole discretion. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon Mocality's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.

9. Restrictions on Use

You agree that you will not:

9.1. use the Site or the Service to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, User or Business, or otherwise interfere with another User's use of the Site or Service;
9.2. post inaccurate information on the Site regarding your Business or any other Business;
9.3. use the Site or Service to post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
9.4. use the Site or Service for promotional or commercial purposes, except as expressly permitted by Mocality in these Terms of Service;
9.5. use the Site or Service in a manner that may create a conflict of interest;
9.6. use the Site or Service for keyword spamming or to otherwise attempt to manipulate search results;
9.7. use the Site or Service to promote bigotry or discrimination;
9.8. use the Site or Service to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
9.9. use the Site or Service to transmit or post profanity, adult content or illegal content, such as child pornography;
9.10. use the Site or Service to solicit personal information from minors or to harm or threaten to cause harm to minors;
9.11. use the Site or Service in violation of the Terms of Service or any applicable law;
9.12. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorised by Mocality in these Terms of Service;
9.13. reverse engineer any portion of the Site;
9.14. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
9.15. record, process, or mine information about other Users;
9.16. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
9.17. access, retrieve or index the Site to construct or populate a searchable database of business listings or reviews;
9.18. reformat or frame any portion of the Site;
9.19. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Mocality's technology infrastructure;
9.20. attempt to gain unauthorised access to the Site, User Accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site or Service, or otherwise attempt to interfere with the proper working of the Site or Service; make excessive traffic demands; use the Site or Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Service or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site or Service.

10. Permission to Use your Content

10.1. You grant Mocality the irrevocable right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your User Account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms ("Other Media").
10.2. You grant the Site's Users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Site or Service and any Other Media.
10.3. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.

11. Responsibility for Your Content

11.1. You are solely responsible for Your Content. You assume all risks associated with the use of Your Content by any person, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorise the use of Your Content on the Site and Other Media and as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Mocality.
11.2. Because you alone are responsible for Your Content and for your use of the Service (and not Mocality), you may expose yourself to liability if, for example, Your Content or your use of the Service violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

12. Use of Content

12.1. Mocality may decide whether or not to use User Content in its sole discretion. For example, we may choose not to publish User Content if we believe it violates the Terms of Service or content guidelines. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
12.2. Mocality and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
12.3. Mocality may, but is not obliged to, review any User Content including communications, postings, intellectual property, messages, photos, videos, hyperlinks or any other material that is uploaded or displayed on the Service, and, whilst Mocality is under no obligation to do so, may remove or delete any such material that in Mocality’s sole discretion contravenes these terms of Service.

13. Procedure for Reporting Copyright Infringements

13.1. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to info@mocality.co.ke detailing the alleged infringement. Your written notification must include:
13.1.1. Identification of the copyrighted work that you claim has been infringed;
13.1.2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Mocality to locate such Content;
13.1.3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
13.1.4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf; and
13.1.5. Your physical or electronic signature, together with your contact information (physical and postal address, telephone number and email address).
13.2. Please note that Mocality may, at its sole discretion and without prejudice, send a copy of such notices to third parties for publication. Please note further that you may be subject to liability if you materially misrepresent that content on the Site infringes your copyright.

14. Procedure to Supply a Counter-Notice to the Designated Agent

If you believe that Content has been mistakenly removed from the Site pursuant to this policy, you may send a written counter-notice to info@mocality.co.ke including the following:
14.1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
14.2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
14.3. A statement that you consent to the non-exclusive jurisdiction of the High Court of Kenya, or if your address is located outside of Kenya, for each judicial district in which Mocality is located; and
14.4. Your physical or electronic signature, together with your contact information (physical and postal address, telephone number and email address).

15. Site Availability

Mocality reserves the right (but is under no obligation) to modify, update, or discontinue the Site and/or Service at its sole discretion, at any time, for any or no reason, and without notice or liability.

16. Unauthorised Access

Mocality reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorised access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorised use.

17. Investigations

Mocality is under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms of Service, block Users from the Site, and refer matters to law enforcement authorities for further investigation. Mocality may disclose information to third parties, including Your Content, in accordance with its Privacy Policy.

18. Feedback

18.1. Dissatisfaction - If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through the Feedback Page here. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Mocality in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate your use of the Service and close your User Account.
18.2. Suggestions and Improvements - By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree and warrant that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

19. Business Owner SMS Service

19.1. The SMS service is intended to allow a Business Owner to communicate with the Contacts of the Business. Mocality has decided to provide Business Owners with the SMS Credits for no charge at this stage, however Mocality reserves the right to charge for the SMSs and/or to terminate the SMS service at any time in the future in its sole discretion.
19.2. The number of SMS Credits is capped to a maximum number determined by Mocality in its discretion from time to time. The maximum number of SMS Credits and any changes thereto, will be communicated to the Business Owners by publication on the Site. Any changes will take effect on the date of publication on the Site.
19.3. If a Business owner does not use all of the SMS Credits in any month the unused SMS Credits will expire and not be available for use in the following month.
19.4. Mocality will be entitled to place the Mocality tagline and any advertising and promotional material determined by Mocality in its discretion, at the end of each SMS irrespective of whether or not the SMS service is provided free of charge.
19.5. Each SMS is subject to a character limitation. Mocality may increase or reduce the number of characters allowed per SMS from time to time in its sole discretion.

20. Suspension and Termination

20.1. Termination as against all Users
These Terms of Service shall endure, as amended by Mocality from time to time, for so long as the Site exists and is operational, Mocality being entitled to shut down the whole or any part of the Site, on a temporary or permanent basis, at any time and thus suspend or terminate these Terms of Service accordingly, at any time
20.2. Termination as against you specifically
20.2.1. Mocality may terminate or suspend any one or more of your accounts or ability to use the Site, in whole or in part, at Mocality's sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your User Account or ability to use the Site (or Sub-Account or any part of the Site), if you are suspected of breaching the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your whole User Account, or one or more of your Sub-Accounts, the Site, Your Content, Site Content, or any other related information.
20.2.2. You may terminate your User Account at any time by requesting Mocality to close your User Account. To close your User Account you must send Mocality an email to info@mocality.co.ke in which you expressly request the closure of your User Account.
20.3. Consequences of termination
20.3.1. Termination of your User Account, whether by Mocality or you, will serve to automatically terminate your related Sub-Accounts, but will not serve to –
20.3.1.1. remove any of your Business listings or verifications, which shall remain on the Site;
20.3.1.2. affect Mocality’s rights with respect to Your Content, as detailed in clauses 9 to 11; and/or
20.3.1.3. terminate such of these Terms of Service as may apply to any continued use by you of the Site as an unregistered User.
20.3.2. Save where termination is due to your illegal conduct or breach of these Terms of Use, on termination of your User Account (or Agent Sub-Account), any Listing or Verification Fees then due to you will be paid to you in the next daily payment run, into your M-PESA account, provided that if the aggregate fees so due to you are less than 100/=, such fees shall be forfeited by you.

21. Ownership

Mocality owns the Mocality Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. Mocality also owns the copyright, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Mocality Content and the Site, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Mocality Content in whole or in part except as expressly authorised by Mocality. Except as expressly provided herein, Mocality does not grant you any express or implied rights, and all rights in and to the Site and the Mocality Content are retained by Mocality.

22. Warranties, Disclaimers, and Limitations of Liability

22.1. THE SITE, THE SERVICE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. MOCALITY MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND INTELLECTUAL PROPERTY RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE, THE SERVICE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE.
22.2. MOCALITY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM MOCALITY OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
22.3. MOCALITY DISCLAIMS ALL LIABILITY FOR ANY (1) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (2) LOSS OF PROFITS, (3) BUSINESS INTERRUPTION, (4) LOSS OF OR DAMAGE TO REPUTATION OF MOCALITY OR ANY THIRD PARTY, OR (5) LOSS OF INFORMATION OR DATA.
22.4. MOCALITY FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE, THE SERVICE AND SITE CONTENT. YOUR USE OF THE SITE, THE SERVICE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE AND/OR THE SERVICE. AS WELL AS MONETARY LOSS SUFFERED DUE TO SYSTEM ERRORS IN RELATION TO THE CALCULATION OR PAYMENT OF ANY AGENT FEES, WHETHER ON THE SAFARICOM M-PESA SYSTEM, OR MOCALITY SYSTEMS.
22.5. MOCALITY ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH MOCALITY RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
22.6. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
22.7. MOCALITY'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO MOCALITY IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (2) THE KENYAN SHILLING EQUIVALENT OF ZAR1000.00 (ONE THOUSAND SOUTH AFRICAN RAND).

23. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD MOCALITY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, ANY RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM HARMLESS, INCLUDING COSTS, LIABILITIES AND LEGAL FEES, FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICE, (II) YOUR VIOLATION OF THE TERMS OF SERVICE, OR (III) THE INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR USER ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. MOCALITY RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MOCALITY. MOCALITY WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.

24. Third Parties

24.1. The Site may include links to other websites (each, a "Third Party Site"). Mocality does not control or endorse any Third Party Site, and you agree that Mocality is not responsible for the availability or contents of such Third Party Sites.
24.2. The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).

25. Miscellaneous

25.1. If there is any dispute about or involving the Site and/or the Service, these Terms of Service or Mocality, you agree that any such dispute will be governed by the laws of the Republic of South Africa without regard to its conflict of law provisions. You consent to the non-exclusive jurisdiction of the High Court of South Africa.
25.2. Even if you have become an Agent, no agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind Mocality in any respect whatsoever.
25.3. The fees and any other amounts which may be referred to herein are expressed inclusive of any applicable taxes.
25.4. Mocality may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site, the determination as to which method is to be utilized being Mocality’s who may decide same in its sole discretion.
25.5. Except as may be otherwise stated in clause 24 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
25.6. The Terms of Service contain the entire agreement between you and Mocality regarding the use of the Site, and supersede any prior agreement between you and Mocality on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
25.7. The failure of Mocality to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
25.8. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
25.9. The Terms of Service are not assignable, transferable or sublicensable by you except with Mocality's prior written consent, but may be assigned or transferred by Mocality to any third party without restriction and without notice to you. Any assignment attempted to be made in violation of the Terms of Service shall be void.
25.10. The clause headings in the Terms of Service are for convenience only and have no legal or contractual effect.

26. Contact and Violations

Please contact us should you have any questions regarding the Terms of Service by sending an email to info@mocality.co.ke. Please report any violations of the Terms of Service to us by sending an email to info@mocality.co.ke.

27. Privacy Policy

27.1. Mocality collects the following personal information about you:
27.1.1. You cellular telephone number;
27.1.2. The area where you reside;
27.1.3. Your Internet Protocol (IP) address; and
27.1.4. Your history of using the Service.
27.2. Mocality may use your personal information to render the Service to you, to improve the Service and the Mocality product, and to compile non-personal statistics about the use of the Service.
27.3. Although Mocality will take reasonable care to ensure that your privacy is protected, Mocality cannot guarantee your privacy.
27.4. You agree that unless communication over the Internet has been encrypted, it is not secure. Mocality does not encrypt your communication and you agree that Mocality is not responsible for any unauthorized access to your communications. Due to the nature of the Internet your communications may be transmitted through countries other than Kenya.
27.5. Mocality shall only disclose your personal information to other people when it is necessary to render the Service, if you have given permission or if they are entitled by law to access your personal information. You agree that Mocality may share your personal information with third parties for marketing and promotional activities.
27.6. Mocality does not want to receive or transmit any confidential, secret or proprietary information, and any information you send to Mocality or to your contacts, or that you post to any forum on the Site, will not be deemed to be confidential, secret or proprietary information.
27.7. You are hereby informed, and you agree thereto, that Mocality may in so far at it is allowed by law, intercept any communication sent and received by yourself using the Service.
27.8. You understand the Mocality may not notify you in the event that Mocality is required by law to monitor your communications and that, if required by law, it has to disclose such communications together with your personal information to the relevant law enforcing authority.

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