Securex App-Terms of Use

INTRODUCTION
Please read these Terms and Conditions carefully before using the Securex Mobile App and network of websites which are operated by Securex. These terms are a legal agreement between Securex Agencies (K) Ltd – who is the sole owner of the Securex Mobile App – and you and govern your access and use of Securex websites (including, without limitation, www.securexafrica.com and the Securex mobile application). Your access to and use of these sites and App is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the application.

ACCEPTANCE
By accessing or using the App you agree to be bound by these terms. If you disagree with any part of the terms then you may not access the application. On disagreeing the software will not be installed.

SECUREX APP ADDITIONAL TERMS
Securex App offers personal safety solutions, whereby users are allowed to raise an alert/alarm from their smartphones to a preregistered emergency contacts and to the service provider (Securex Agencies (K) Ltd) for paid users by clicking the panic button on the App or long pressing the volume down button on their smartphones. For paid users who intend to use the volume down button must adhere to the instructions provided on the user manual on how the button works. Messaging and data rates may apply depending on the terms of your individual mobile service plan. To subscribe to the Securex App you can download it from various app stores and follow setup instructions within the app, or go to www.securexafrica.com for more information.

GENERAL TERMS
You must be at least 18 years old to use the Securex App. For the purposes of these Terms, the words “you”, “your” or other like terms shall refer to the party agreeing to these terms and conditions and to any person or entity who uses the Securex App. Accordingly the person agreeing to these terms and conditions represents and warrants for himself or herself and on behalf of any third party he or she purports to act for and any person or entity that uses the Securex App that he or she is duly authorized on his or her own behalf and on behalf of any such third party to enter into these terms and conditions and comply with them.

COLLECTING INFORMATION
We may collect, use and share information. This information may be requested by us or on our behalf and may be collected from you directly or from a person acting on your behalf, or from other sources. This information include but is not limited to:
The information you provide to us:
a) Provided by registering to use the application.
b) Provided by corresponding with us.
c) Provided by subscribing to any of our packages.
d) Including your name, phone number, email address, user ID, password, the devices phone number, SIM card, passport photo.

Information we collect about you and your device which include but is not limited to:
a) Information stored on your device including contact list, call logs, SMS logs.
b) Location information. The application will mostly uses GPS technology or other location services to determine your current location. Note: the GPS error will be ±50 to ±100 meters in certain environments e.g. where there is high-rise building; under power lines; forested areas; inside tunnels; under water; when user is indoors (not open to sky) etc.
c) Location information of your pre-registered emergency contacts.
d) We may occasionally send you push notifications through our mobile application to send you transaction related notifications, marketing messages, security alerts, payment reminders and other information that may be of importance to you.

We may gather certain information automatically and store it in log files. This information may include your internet protocol (IP) address, internet service provider (ISP), browser type, referring exit pages, operating systems. From time to time we may combine this information we collect about you for the purposes of analysis, security, content generation or marketing. By uninstalling the App from your device you can withdraw the consent of accessing your customer information in the future. We may keep and share stored customer information after uninstall for as long as necessary for the fulfillment of the purposes for which customer information was obtained or for establishment, exercise or defense of legal claims or for legitimate business purposes or as permitted by law.

PURPOSE OF INFORMATION WE COLLECT
We collect information for the following purposes, including but not limited:
a) To process your transactions;
b) To verify your identity;
c) To respond to your security alert;
d) To confirm your location;
e) To analyze customer behavior;
f) To allow our partners to fulfill their obligations to you;
g) To allow us to fulfill our obligations to our partners;
h) To troubleshoot problems with the App;
i) To comply with applicable laws, regulations, and rules, such as those relating to “know-your-customer”;
j) To send you marketing notices, service updates, and security alerts;
k) To contact you by telephone using auto-dialed or text (SMS) messages (if applicable) as authorized for the purposes described in this Privacy Policy.

THIRD- PARTIES
We and our third party service providers including our suppliers and analytics providers may include website cookies to distinguish you from other users of the App. This helps us to offer you with an excellent experience when you use the App.

LINKS TO OTHER WEBSITES
The Securex services may contain links to third-party sites that are not owned or controlled by our third-party partners. Securex has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Securex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

USE OF THE SECUREX SERVICES
As a condition of your use of the Securex services, you warrant to Securex that you will not use the Securex services for any purpose that is unlawful or prohibited by these Terms. You may not use the Securex services in any manner which could damage, disable, overburden, or impair the Securex services or interfere with any other party’s use and enjoyment of the Securex services or Securex websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Securex services or Securex websites.

The Securex services may contain voice-over-IP based communications, SMS based communications, data sync service, application download services, chat support services, positioning services through GPS or triangulation technology, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Securex, other users of the Securex services, or the public at large (collectively, “Communication Services”). You agree to use the Communication services only to post, send and receive messages and material that are proper and related to the Securex services.

You agree that you shall NOT: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Locate another user through our location services without their consent, unless the other user is a minor of whom you are a parent or legal guardian or a third party administrator authorized by a parent or legal guardian to locate through our location services. Locate another user through our location services if applicable laws do not permit you to locate digitally even after consent has been granted to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, sweepstakes, contests, promotions, pyramid schemes or chain letters. Use the Securex Services or the Communication Services for any purpose other than personal safety purposes. The Securex services may not be sold, rented or otherwise commercialized with third parties.

Login in using another users credentials on your device with or without their consent at your own discretion, as Securex will not be liable to any inconveniences that may arise after such actions. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. Remove, alter, obscure, destroy, or attempt to circumvent any notices, proprietary marks or codes, means of identification, digital rights management tools or information included in or related to the Securex services. Copy any ideas, features, functions or graphics included in or related to the Securex services.

Securex will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Securex may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Securex has no obligation to monitor the Communication services. However, Securex reserves the right to review the use of and/or materials posted to a Communication Service and to remove any materials in its sole discretion at any time. Securex reserves the right to suspend or terminate your access to the Securex Services or any or all of the Communication Services at any time without notice for any reason whatsoever.

Securex reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Securex’ sole discretion.

Securex takes no responsibility for the proper functioning of any networks or servers, or any communications that occur over such networks and servers. Securex makes no representations or warranties as to the interoperability of the Securex services with any network or servers. You acknowledge that Securex shall have no liability to you or to any third party arising as a result of any networks or servers failing to perform in the manner intended, failure of the Securex services to properly operate with your network or servers or from any errors occurring on your networks or servers as a result of your use of the Securex services.

You acknowledge and recognize that the Securex service is a self-help service provided through applications, mobile networks, and the internet, and that Securex does not always control or endorse the involvement of its users in the Securex services, including who is a user, administrator or co-administrator and, therefore, Securex specifically disclaims any liability with regard to the Communication services and any actions resulting from your participation in any Communication Service. Securex Services users are not authorized Securex spokespersons, and their views do not necessarily reflect those of Securex.

COOKIES
Cookies are files with small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your device internal memory. This App does not use these “cookies” explicitly. However, the App may use third party code and libraries that use “cookies” to collection information and to improve their services. You have the option to either accept or refuse these cookies and know when a cookie is being sent to your device. If you choose to refuse our cookies, you may not be able to use some portions of this Service.

PURCHASES
If you wish to purchase any product or services made available through the application you may be asked to supply certain information relevant to your purchase, transaction including, without limitation to, your credit card account details, PayPal account details among other mobile money account details.

SUBSCRIPTIONS
When you register with Securex App, you will be given the opportunity to select the specific services you desire from our services page. Certain service offerings included in the Securex APP may be used without incurring any charges whereas other services will be offered at premium charges. If premium charges apply to the specific service offerings you have selected, the charges, payment interval and other payment related information associated with the selected service will be disclosed to you at the time you and you and you can choose your desired service.

If you select services for which premium charges apply, you will be required to pay for such premium via Mpesa. Immediately upon selection of the desired service, you will be sent a text message by Securex with your invoice number, pay bill number and account number. The pay bill number and account number will be used to complete the transaction via Mpesa.

Based on your subscription, whether, monthly, quarterly, bi-annual or annual, should you not utilize the subscription in the stipulated time, no charges shall be refundable to you from Securex. By registering for the Securex services and agreeing to these terms you hereby agree to pay the fixed premium charges accordingly. You agree to maintain the accuracy, completeness and effectiveness of your billing information and to immediately make appropriate charges for your subscriptions. All subscription services will be deemed inactive until paid. If a subscription is not renewed upon expiry, then access to the service will be blocked or suspended until the payment is made. If a subscription is suspended or blocked Securex shall have no liability to you or any third party for doing so or for whatever the outcome the action may bring.

Securex is committed to making all rates and charges visible and predictable to you. You acknowledge and accept however, that Securex may change the charges associated with the use of Securex services and that dependent on your mobile service plan your mobile service provider may charge you additional fees for the use of the Securex services and App.

CHANGES
Securex reserves the right to change these terms and conditions at any time, including but not limited to changing the charges associated with the use of the Securex App. Any changes to these terms will be posted on Securex website www.securexafrica.com and where appropriate notify you when you next use the App. What constitutes the changes will be determined at the sole discretion of Securex.

DISCLAIMERS AND LIMITATION OF LIABILITY
You acknowledge and agree that the information, software, applications, products, and services included in or available through the Securex services and Securex websites may include inaccuracies or typographical errors and that Securex shall have no liability for such errors. You acknowledge and agree that Securex and/or its suppliers may make improvements and/or changes in the Securex services and on the Securex websites at any time without notice or liability to you.

Securex and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the Securex services or the Securex websites for any purpose or the availability of any networks or communications lines or functioning of any mobile phone or device necessary for the Securex services.

If you are dissatisfied with any portion of the Securex services or Securex websites, or with any of these Terms, your sole and exclusive remedy is to discontinue using the Securex services and Securex websites.

INDEMNIFICATION
You agree to indemnify and defend Securex and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to:
a) any information (including Submissions) that you or anyone using your account submit, post, or transmit through the Securex services or Securex websites;
b) the use of the Securex services or Securex websites by you or anyone using your account;
c) the violation of these Terms by you or anyone using your account; or
d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Securex reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Securex in such defense.

COPYRIGHT AND TRADEMARK NOTICES
Other than submissions belonging to users, we own or license the content on the Securex services and Securex websites, including software, text, visual and audio content (referred to together as “Content”) and Securex’ trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under Kenya and international laws. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Please print a copy of these Terms for your records and PLEASE check the Securex website www.securexafrica.com for any changes to these Terms and Conditions.

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