These are the terms and conditions for Hazi, from Guiderig Solutions Limited (herein referred to as “we”,”us”,”our”) a private company limited by liability registered in Kenya under the Companies Act 2015 and having it’s principle address at Ngong Road, Nairobi, Kindly take a moment to read them. Hazi is a communication platform that allows you to send SMS and emails for different purposes to their customers (the “Application”) and our website is found at www.hazi.co.ke . These Terms set out what you are allowed to do and what you are not allowed to do and other disclaimers. If the Customer already uses and/or receives products or services from Hazi on the basis of an earlier agreement, from now on the following terms and conditions shall also apply to those products or services, thereby replacing the previous version of Hazis terms and conditions. Any additional or contrary terms and conditions of Customer shall not apply, even if Hazi accepts a purchase order in which Customer refers to its own terms and conditions and/or which is accompanied by a copy of Customer’s own terms and conditions.
By accessing, installing our application or using our Services, you agree to be bound by these Terms and Conditions. Upon use or purchase on any of our platforms, a contract will be made between you and us. It is pertinent to understand that you agree with your terms in relation to the use of our services.
We may modify these terms at any times, and at our sole discretion. Upon any modification, we shall notify you through email, our applications or a notice on the website. It is important to review the updated Terms when modify, because continuing to use the service after notifying you about the modification, indicated that you agree to be bound by the new Terms. We may at our sole discretion, change or discontinue all or any part of the Service at any time, with or without notice to you. We will not, however, make changes to any promises made in any service which you have already signed up to. You will not be able to make changes to a Service which you have signed up to. If you do wish to make a change, please contact us and we will advise if such a change is possible and , if relevant, the cost to you of making the change.
Hazi offers subscription Services on monthly, quarterly or annual plans. In order to purchase any of our Services, you will be required to provide a valid credit card, PayPal account or your mobile number. For more information on how we handle the data collected, please see: www.hazi.co.ke/privacypolicy On subscribing to a monthly account, you will be billed on the day you sign up and then monthly every 30th day therefrom. On subscribing to a quarterly account, you will be billed on the day you sign up and then quarterly every 90th day therefrom. On subscribing to an annual account, you will be billed on the day you sign up and thereafter every 365th day therefrom. All prices are listed on the Website along with the details of the various Services. Each bill paid ensures your access to the Services for either 30 days (for monthly Account holders) or 90 days (for quarterly accounts) or 365 days (for annual account holders). If you do not pay your bill when it’s due you will not be able to access the Services until payment is made. We offer a free trial account to provide you an experience before purchasing any service.
Where you want to cancel Service, you are able to do so through your account by downgrading the service, or cancelling the subscription. Whether you are entitled to a refund, you can do this by contacting us by email at support@hazi.co.ke. Where a refund is due to you, we will refund you by the same method used for payment. We will make any refunds do to you as soon as possible; in any event, we will endeavour to do so within 14 business days. Refunds shall be strictly on case to case basis.
In some circumstances, we may have to suspend the Services. This may be because of technical maintenance and other minor changes or to update the Services to reflect changes in relevant laws or regulations. We may suspend your access to the Services if you breach any of these Terms. If this happens, you may have to pay us reasonable compensation for the net costs we will incur as a result of your breaking the contract. We will provide you with more information on these costs should this situation arise.
The Services provided include facilities for image storage, bandwidth, funnels, subdomains and if you own the relevant license, sub-accounts. The available functions and the number of landing pages provided as part of the Service is not limited unless we have expressly told you otherwise and is restricted to a certain level depending on which account type you hold. Further functions can be purchased on a subscription basis by contacting support@hazi.co.ke. Image storage is unlimited within reasonable use. “Reasonable” is defined at the sole defined at the sole discretion of Us. If We deem your use of the Service to be unreasonable, we may restrict access or remove some of your content from the Services.
We want to hear from you! You can submit your comments, improvements or suggestion about the Service to support@hazi.co.ke . You grant us non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
Your privacy is very important to us. In short, we’re not going to do no anything sinister and/unauthorised with your data. You can find the full version of our data privacy policy at: https://www.hazi.co.ke/privacypolicy
With the exception of your Content, we are the owner or the licensee of all intellectual property rights in our Website and the Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved as the property of Guiderig. You may print copies thereof, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to whom you may provide services in accordance with these Terms about content posted on the Website or Application. You must not attempt to modify the digital content on any part of the Website or application in any way, and you must not de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human -perceivable form all or any part of the content on the Website or the Application. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use/modify/change and/or alter any part of the content on our site for commercial purposes without obtaining a license to do so. Your use of any material on the Website or Application or to use the Services in breach of these Terms will mean that your right to use Website and Application will cease immediately and you must, at our option, return and/or destroy any copies of the materials you have made.
In these Terms, “Content” means text, graphics, video, images, emails, passwords, audio, works of authorship of any kind and information or other materials that are in any way made available by you through the Service. You are responsible for the Content you make available, including its legality, reliability and appropriateness. We claim no intellectual property rights over the material you provide to us on the Website or Application. Your site and your Content remain yours. However, by creating Content to be shared publicly on or through Our Service, you agree to allow others to view and share your Content published through the Service. Guiderig Solutions does not claim any ownership rights in any content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content However, you grant Us a non-exclusive, non-transferable, non-sublicensable, worldwide license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Our Services. You represent and warrant that your Content and information collection and marketing practices conform to legal requirements, including those of TCPA/CAN-SPAM, and that: A. Your Content is yours (you own it) or you have the right to use it and grant Us the rights and license as provided in these Terms; B. Your posting of Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights, consent rights or any other rights of any person. We do not pre-screen Content, but we do have the right (but not the obligation) in our sole discretion, to refuse or to remove content that is available via the Service. We will have no obligation to provide a refund of any amounts previously pain by any user. C. Upon posting, publishing, or otherwise creating Content on your site(s) through our Services, you direct your users, customers and site visitors to your own terms, conditions, rules and policies. Guiderig Solutions is not, and will not be held to be responsible for Content appearing on your site(s), and any disputes, claims or actions arising out of such Content. D. You will not, and shall not permit any person to whom you grant access to the Website or the Application to, post any Content which: a. Is defamatory to any person. b. Is obscene, offensive, hateful or inflammatory. c. Is reasonably likely to bully, insult, intimidate or humiliate. d. Promotes sexually explicit material e. Includes child sexual abuse material f. Promotes violence g. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. h. Infringes on any copyrights, database right or trademark of any other person. i. Is likely to deceive and/or mislead any person. j. Breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence. k. Promotes any illegal activity. l. Is threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety. m. Is likely to harass, upset, embarrass, alarm or annoy any other person. E. All of your Content which is stored or published using the Services conforms to local and international laws. Hosting illegal content using the Services will cause your account to be terminated and the relevant authorities contacted.
Guiderig Solutions does not permit the sale of the Hazi accounts or sub-accounts without our prior agreement. Determining what is a breach of these terms will be under our sole discretion, but as a rule of thumb, if your client thinks they are buying services from you, your actions are within these terms of service. If your client thinks they are buying Hazi, your actions are breaking these terms of Service. In the event that we determine you have used the Website or the Application in any way other than as described in the Services, we will immediately terminate your Account and your access to the Services and we may seek legal action to recover any losses that would have been caused.
Subject to your compliance with these Terms, Guiderig Solutions grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access /view our content (“Guiderig Solutions Content”) solely in connection with your permitted use of the Service. For the purpose of these Terms, Guiderig Solutions Content shall include all text, graphics, images, templates, arrangements, audio, video, works of authorship by us or our affiliates/associates and/or assigns of any kind that is included within the Service. While you have an active account with us, you may edit and modify templates for your own use. However, immediately upon termination, discontinuation or cancellation of your Account, you may no longer use, copy, borrow, modify or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At not time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute Guiderig Solutions’ Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or Guiderig Solutions Content in any lawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Guiderig Solutions Content.
The Website or Application may contain links to or advertisement of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
In using our Services, you agree that you will defend, indemnify and hold harmless Guiderig Solutions, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to lawyers’ fees), to the extent allowed by applicable law, that arise from or are caused by: I. Your use of and access to Services; II. Your violation of these Terms; III. Your violation of any third party right, including without limitation any copyright, property, moral , or privacy right; or IV. Any claim that your Content has caused damage to any third party. This is important because we need to protect our business against these losses and/or claims. If any contract between you and us is terminated, this section will continue to apply and we shall enforce this indemnity against you
The Service and Content are provided “AS IS”, without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. We expect the Application and the Website will work just as we intent however, we are aware that technicalities sometimes occur. Please not that we will not be held liable for any loss, damage or inconvenience you might suffer as a result of the Application not being available, being defective, misbehaving or not working in the way you had expected and you agree that you will have no right to take action against us unless this is expressly set out in any relevant law. If the Services damage a device or digital content belonging to you and you believe to the best of your knowledge that this is caused by our failure to use reasonable care and skill, we will either repair the damage or compensate you. However, we will not be liable for damage which could have been avoided by following our advice to apply an update offered to you free of charge or for damages occasioned by your failure to correctly follow installation instructions or to have in place the minimum system requirements advised by us. Neither Guiderig Solutions nor any other party involved in creating, producing, or delivering the Services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, mobile damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Guiderig Solutions has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. You acknowledge that, although we have taken steps to advise users in these Terms the restrictions that apply to them, we have no control over the content which users may post on the Website or in the Application. You agree that you will not hold us liable for any illegal, offensive, defamatory content or for any loss you may suffer because of content posted by another Application. Wherever we are found to be liable to you for any loss you suffer in connection with the Services, our total liability in connection with these Terms will not in any event exceed the lesser or the amounts you have paid to Guiderig Solutions during the 12 months prior to the cause of action, and 12,000 Ksh. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.