Buymore POS End User License Agreement

Last Updated: June, 6th 2019

Please read these Terms of Service, (“Terms”), carefully before accepting to use the Buymore POS mobile application and the companion admin web application hosted at buymore.co.ke collectively referred to as (the “Application”) developed and distributed by Buymore Limited (the “Company”).

Your access to, and use of the Application is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Application.

By accessing or using the Application you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Application.

  1. General.

    The Application is licensed, not sold, to You by Buymore Limited (the “Company”) for use strictly in accordance with the terms and conditions of this License, and any “usage rules”, established by any other third-party usage rules or terms of use, such as Google Inc. and such other vendors (“Usage Rules”), which are incorporated herein by this reference. The term “Application” shall refer to and consist of the following: (i) the mobile or web software application accompanying this License, including, but not limited to, any software code, scripts, interfaces, graphics, displays, text, documentation and other components; (ii) any updates, modifications or enhancements to the items listed in subsection (i); and (iii) any specific website the Application directs you to via any browser located on an Android, laptop or Personal Computer or such other mobile device (“Mobile Device”).

  2. License Grant and Restrictions on Use.

    1. License Grant.

      Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single Mobile Device owned and controlled by You. Company also grants you access and use of the Application on such Mobile Device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreement associated with your Mobile Device (collectively “Related Agreements”).

    2. Restrictions on Use.

      You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one Mobile Device at a time or on any other mobile device or computer; (g) distribute the Application to multiple Mobile Devices; (h) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

  3. Intellectual Property Rights.

    1. Rights to Application.

      You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in this License, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by Company.

    2. Third Party Software.

      The Application may utilize or include third party software that is subject to open source and third-party license terms (“Third-Party Software”). You acknowledge and agree that Your right to use such Third-Party Software, as part of the Application, is subject to and governed by the terms and conditions of the open source or third-party license applicable to such Third-Party Software, including, but not limited to, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between the terms of this License and the terms of such open source or third-party licenses, the terms of the open source or third-party licenses shall only apply with regard to Your use of the relevant Third-Party Software. In no event, shall the Application or components thereof be deemed to be “open source” or “publicly available” software.

    3. Company’s Marks.

      You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.

    4. Infringement Acknowledgement.

      You and Company acknowledge and agree that, in the event of a third-party claim, that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.

  4. Restriction on Transfer.

    You may not rent, lease, lend, sublicense or transfer the Application, this License or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.

  5. Use of Information.

    1. Consent to Use Information.

      You hereby authorize and consent to the collection, storage and use of your personal information, provided in the Application, by Company as in accordance with the terms defined in the Privacy Policy.

    2. Privacy Policy.

      You represent that You shall comply with the terms and conditions of the Company’s Privacy Policy, which sets forth and describes the practices of Company with respect to the collection, use and disclosure of Information in connection with Your use of the Application.

  6. Term and Termination.

    1. Term.

      This License shall be effective until terminated by either You or Company.

    2. Termination.

      Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of this License, then this License and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of this License, You shall cease all use of the Application and uninstall the Application.

  7. Governing Law.

    These Terms shall be governed by, and applied in accordance with the laws of Kenya. If any provision in the Terms and Conditions is held to be invalid or unenforceable by a court of law, the remaining provisions in the Terms will remain in effect. These Terms constitute the entire agreement between You and Company regarding the Application, and supersede and replace any prior agreements that You and Company might have regarding the Application.

  8. Changes.

    We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after those revisions become effective, you agree to be bound by the revised terms.

  9. Disclaimer of Warranties.

    YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD-PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THE APPLICATION AND THIRD-PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY.

  10. Limitation of Liability.

    UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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