TERMS AND CONDITIONS FOR THE USE OF APEX BUSINESS PAGES WEBSITE SERVICES
By signing this agreement, you are accepting the complete terms and conditions, as spelt herein, between you, Apex business pages and other parties involved in the facilitation of the transactions envisioned. (As hereinafter defined) and shall be binding on your personal representatives and assigns.
1.1 These terms and conditions and any amendments or variations thereto take effect on their date of publication both on our website as well as on any other company adverts.
1.2 These Terms are supplemental to the any other terms as may be given to you upon commencement of business with us. In the event of any inconsistency between these Terms and any other Terms and Conditions emanating from us, or any other relevant Terms and Conditions, these Terms and Conditions shall prevail.
2. DEFINITIONS
In these terms and conditions, the following words and expressions (save where the context requires otherwise) bear the following meanings:
2.1“Agreement” means these terms and conditions and any amendments that will be made from time to time.
2.2“Applicant” means any person who, through our website, applies for enrolment or registration onto the Service and establishment of working relationship with Apex business pages.
2.3“Apex business pages” means Service Experts Directory Limited incorporated in Kenya as a limited liability company under the Companies Act and duly licensed and includes its affiliates or subsidiaries may from time to time be specified.
2.4 “Customer” means any Applicant or any person who has registered to use the Service and has accepted this Agreement.
2.5“Customer Care Centre” means a customer care Centre designated for the Service in accordance with these terms and conditions.2.8.
2.6 “Event of Default” refers to any of the circumstances set out in that has not been adhered to .
2.7 “Gadget” includes the mobile phone handset and/or other electronic device which when used together enables you to access the website.
2.8“Fees” means the Fees applicable for the Services and include
(a)Application fees (b) A periodic administrative fee (as per our prescribed tariff) up to a maximum of Thirty ……… Kenya Shillings per day/week/ month for each day your subscription remains unpaid during the agreed Term; and(c)Any other Fees for the business endeavor as will be communicated by us from time to time in accordance with this Agreement and includes any charges, and applicable taxes thereon under the laws of Kenya.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Other than content you own, which you may have opted to include on this Website, under these Terms, Apex business pages, and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
3.2 You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3.3 You acknowledge that the intellectual property rights in our Services to you (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that we provide to you are vested in Apex business pages, You shall not infringe any such intellectual property rights.
3.4 You shall not duplicate, reproduce or in any way tamper with any documentation or functionality on the Website or other publication sent your way, without prior written consent from Apex business pages.
4 RESTRICTIONS
You are expressly and emphatically restricted from all of the following:
4.1 Selling, sublicensing and/or otherwise commercializing any Website material;
4.2 Using this Website in any way that is, or may be, damaging to the company image or the contents of the Website itself.
4.3 Interfering with the Website in any way that impacts user access
4.4 Using the Website in a manner contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
4.5 Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
5. TAXES
All Payments are inclusive any taxes payable by you. You hereby irrevocably grant us permission to revise the Fees upon any changes to taxes applicable
6. CUSTOMER QUERRIES
6.1All customer queries and complains Complaints shall be made by emailing our offices at suport@apexbusinesspages.com this will act as our customer care support.
6.2 Alternatively, our customers are allowed to visit any of our office branches
6.3. We will take all reasonable measures within our means to resolve customer complaints in accordance with the Terms and Conditions agreed herein. We will handle all complaints in accordance with our complaints handling procedures, which are available on request from any of our offices. Where a notification regarding your complaint or any other matter is expected from us but not received, you are entitled to follow up on the complaint within a reasonable time after non-receipt of such notification.
7. INDEMNITY
7.1 You hereby indemnify to the fullest extent Apex business pages from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
7.2. In consideration of Apex business pages complying with your application in relation to holding a customer account with us, you undertake to indemnify us and hold us harmless against any loss, charge, damage, expense, fee or claim which the we may suffer or incur or sustain thereby and you absolve us from all liability for loss or damage which you may sustain from us acting on your instructions or requests or in accordance with these Terms and Conditions
7.3.The indemnity in clause 7.2 shall also cover All demands, claims, actions, losses and damages of whatever nature which may be brought against any of us or which we may suffer or incur arising from its acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the our control, interruption or distortion of communication links or arising from reliance on any person or any incorrect, illegible, incomplete or incomplete or inaccurate information or data contained in any Request received by us
7.4.The Indemnity in Clause 7.3 shall also cover any loss or damage that may arise from your use, misuse, abuse or possession of any third party software, including without limitation, any operating system, browser software or any other.
8. BREACH OF TERMS AND CONDITIONS
In the event of any breach of these terms and conditions, we may in circumstances where you fail to comply or fail to procure compliance with the terms of a notice consequently served on you, require immediate payment in full of the sums owing to us and/or forthwith terminate the contractual relationship with you without any consequential liability to you or any other person.
9. DISPUTE RESOLUTION, JURISDICTION NEGOTIATION, MEDIATION AND ARBITRATION
9.1. In the event that any dispute arises between you and any of our listed customers may contact any of our offices in the manner prescribed in 6.1 above. Feel free to share your grievance with the office. Our company will not be involved in your dispute!
9.2 Any dispute arising out of or in connection with this Agreement that is not resolved by Customer Care Centre representatives shall be referred to Negotiation between two senior officials of the listed company and yourselves. Our company may send a representative to hear the dispute. But please note that we are not party to it. The senior officials must have a written mandate from their respective companies mandating them to negotiate and arrive at binding agreements with the other party. Agreements reached in this manner shall be in writing, legally binding and final.
9.3. In the event that negotiation fails, Mediation will be the second step. Each party may appoint a mediator, with the consent of the other party. At such mediation sessions, the letter of mandate explained in 9.2 above shall be required from both parties. If an agreement is reached, it shall be reduced to writing, shall be signed by both parties and shall be legally binding on both. Such mediation shall be conducted in accordance with the mediation rules available for the conduct of court annexed mediation.
9.4 The mediation envisioned in 9.3, and the negotiation in 9.2 shall be in English and shall within not more than 30 days from the date of the formal registration of the dispute at Apex business pages offices. If mediation is to follow negotiation, such mediation will take place within 21 days of the collapse of negotiation.
9.5. In the event that negotiation and mediation fail, a single arbitrator shall be jointly agreed upon and appointed. In default of such agreement the failure to resolve the dispute through negotiation and mediation will automatically lead the matter into arbitration. Within 60 days of the matter having come from mediation, either party may apply to the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya Branch). Such arbitration shall be conducted in the English language in Nairobi in accordance with the Rules of Arbitration of the said Institute and subject to and in accordance with the provisions of the Arbitration Act.25.3.To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the parties hereto.
9.6. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
10. CHARGES AND EXPENSES
10.1The customers are responsible for the payment of all applicable Fees for the use of the Service. The Fees payable under this Service will be published in information pamphlets, at all our office branches and on this website.
10.2. Our Customer Care team will be on hand to assist you with the Fee schedule if you are uncertain about the applicable Fee.
10.3 .All Fees are payable Apex business pages.com charges service professionals when they upgrade their accounts to include additional services. All payments must be conducted either through online transfer from a valid bank account, a credit, debit card, Airtel Money or Mpesa. Apex business pages.com retains the right to refuse any request or transaction made by you, to our discretion.
10.4. Any Transaction Fees payable in respect of the Services are to be paid by the customer.
10.5 Any legal charges including advocate and client costs incurred by us in obtaining legal advice in connection with the Service and your dealings with us or incurred by us in any legal, arbitration or other proceedings arising out of any dealings in respect the Service and all other Fees, expenses and taxes, duties, impositions and expenses incurred in complying with your Requests.
10.6 .Except as may otherwise be notified, fees are inclusive of all applicable taxes including Value Added Tax at the prevailing rate. You hereby agree to pay all Transaction Fees
11. Severability and termination of services
11.1 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein
11.2 Failure to pay may result in the termination of your service. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method information or downgrade your account, you authorise us to continue billing that payment method and you remain responsible for any uncollected amounts.
11.3. Violation of the use of the website as stipulated in the restrictions above may also lead to us terminating your contract with us. Such termination will be done without further reference to you. Upon such termination, you are not entitled to any funds refunds.
12. Members Accounts
12.1 User must be registered on the Sites to access or use some Services a registered User is also referred to as a “Member” below. Except with Apex business pages’s approval, one User may only register one member account on the Sites. Apex business pages may cancel or terminate a User’s member account if Apex business pages has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further Apex business pages may reject User’s application for registration for any reason.
12.2 Upon registration on the Sites, Apex business pages shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the Member to send or receive emails.
12.3 A set of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member’s own business entity. Member agrees to notify Apex business pages immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.
12.4 Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.
12.5 Member may not use the Services and member account to engage in activities which are identical or similar to Apex business pages’s e-commerce marketplacebusiness.
12.5 Member acknowledges and agrees that Apex business pages shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. Apex business pages does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
13 Notices
13.1 All legal notices or demands to or upon Apex business pages shall be made in writing and sent to Apex business pages personally, by courier, certified mail, or facsimile to the following entity and address: Apex business pages ………………………..as the case maybe, Such notices shall be effective when they are received by Apex business pages in any of the above-mentioned manner.