This Terms of Service was last updated on October 18, 2023
Appreciation
We appreciate the use of our products and services by hevara.
1. Introduction
By using our products and services you are deemed to agree to our Terms and Conditions. Only use our services to the extent permitted by the Law. All contents and data in our services must only be used with consent of the owners. hevara reserves the right to suspend the use of service by yourself if we suspect breach or misconduct.
By using hevara services, you are not entitled to any Intellectual Property (IP) rights in our products and services. In the course of business, you may receive adverts, announcements, administrative messages, emergency messages, alerts and other information generated by the system. You may opt out of such messages at any time. In some instances, hevara will levy reasonable notification fees at its own discretion. Such fees are non-refundable.
hevara services are available in USSD, Mobile and Web Portal. Do not use the devices in a way that prevents you from obeying traffic and safety laws.
2. Data collected
We may collect the following Data, which includes personal Data, from you:
- name, date of birth, job title, email and mobile number;
- IP address (automatically collected);
- web browser type and version (automatically collected);
- operating system (automatically collected);
- while using mobile applications by route agants, we also collect location data to precisely calculate the estimated time of arrival (ETA);
- in each case, in accordance with this privacy policy.
3. Your hevara account
hevara Ecosystem account is necessary for you to access our services. Your hevara account is personal. Keep all your access credentials e.g. login, passwords confidential.
hevara retains all their intellectual property in all their products and services.
4. Your content in our service
All information uploaded, submitted, slurred, sent, received through our ecosystem and our associates gives hevara a license to use, host, store, reproduce, modify, analyze, create derivative works (so that your content works better with our service) communicate, publish, publicly display and disseminate such information. This information will be used to operate, develop and improve our services.
5. Software in our services
hevara undertakes to continuously innovate and improve its software in the ecosystem. This software may update automatically on your devices once there is a bug hot-fix in the earlier or current version.
You are not allowed to copy, modify, distribute, sell, lease any part of our services or included software, nor may you reverse engineer or attempt to extract source code of that software without our written express permission.
6. Modifying and terminating our services
hevara reserves the right to suspend, remove or add any functionality or feature in our products.You can uninstall, or stop using our products and services without notice.
All your data in our ecosystem remains private, and confidential. In the event your service are to be terminate you will be allowed to unsubscribe from the ecosystem in addition to requesting that your data and other details are removed.
7. Warranties and Indemnities
hevara shall exercise reasonable care and skill necessary for a commercial enterprise in its space. However, there are some instances that despite such due care being taken, certain things might happen. Those we do not promise. The service offered by hevara is “As Is” and we make no warranties as to the accessibility, reliability, availability or ability to meet your needs. Any other warranties we make to the extent permitted by the law.
8. Liability for Our Services
By using our service, we are not responsible for loss of profits, revenue or data, financial loses or indirect, special, consequential, exemplary or punitive damages. You are solely liable for the accuracy of all the data you input in our system. Total liability which may attach to hevara is liquidated to the sums paid to us for using our service. Loss or damage which is remote and not foreseeable does not attach to hevara. Consumer rights recognized by the Kenyan Constitution, Laws and other jurisdictional laws which supersede contract are not limited by these terms.
9. Business use of Our Service
You shall indemnify and keep indemnified hevara of any actions, suits, judgments or any claims from third parties on full indemnity basis.
10. About the Terms
If there is any change in law, we shall post the changes within a reasonable time period but not later than Twenty One (21)-days. You can discontinue our service if you do not agree with our Terms of Service.
These terms are between you and hevara. By hevara not acting on breach of any term, it does not mean that hevara has waived its right to take that action in future. All terms in here shall be read and construed in support of each other. You consent to the exclusive jurisdiction of the Laws of Kenya and all disputes shall be handled in accordance with Kenyan Law.
All disputes shall first be negotiated and if no resolution is reached, mediation and arbitration shall be attempted. An arbitration mediator shall be appointed by consent of all parties from the Chartered Institute of Arbitrators (Kenya) Branch.