Terms of Service

Fair Use Policy!

IMPORTANT -- PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITE OR BY UTILISING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

These terms (the "Terms of Service") apply to your use of www.aplin.africa (the "Website") and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the "Services"). 

The Website is a site operated by APLIN Media Limited ("Aplin"). Aplin is registered in Kenya under the companies act (CAP. 486) number CPR/2015/190569 and have Aplin' registered office at 1st Floor, Moad Capital Hub, South Tower,Two Rivers Complex, off Limuru Road. Aplin's PIN number is P051543412R. 

Aplin reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time. 

Privacy Policy

APLIN processes information in accordance with its Privacy Policy which is incorporated into these Terms of Services. By using APLIN, you agree that APLIN can use such data in accordance with its Privacy Policy and you warrant that all data provided by you is true, correct and accurate. APLIN' Website also uses cookies or similar technologies which APLIN tell you more about in the Privacy Policy. You may set your browser and your mobile settings to block cookies and local storage devices, but if you do so, you may not be able to access all of the features that APLIN offers.

For the purposes of the General Data Protection Regulation ("GDPR"), APLIN shall use its reasonable endeavours to provide you with the operational tools to enable you to fulfil your requirements under the GDPR and address any requests made by your customers in respect of their individual rights. APLIN makes no guarantee in this respect and it is your responsibility to inform APLIN of any tools it may need to comply with its obligations under the GDPR.

Accessing the website

APLIN does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. APLIN may suspend, withdraw, discontinue or change all or any part of the Website for business and operational reasons. APLIN will try to give you reasonable notice of any suspension or withdrawal. APLIN will not be liable to you if for any reason the Website is unavailable at any time or for any period.

Accounts and Passwords

If any of the Products/Services on the Site require you to create an account, you must complete the registration process by providing us with true, current, complete and accurate information as prompted by the applicable registration form, and you will maintain and promptly update such information to keep it true, current, complete and accurate.  You must select a password and an email. APLIN may provide you with tools to assist you in evaluating the strength of the password you select to access the Site and Products/Services, but we cannot guarantee that such password will provide absolute protection.  Additionally, we are not responsible for the protection of any password you use to sign up to any of our newsletters and mailing lists.  We will periodically email you the password you use for such newsletters and mailing lists so that password will be inherently insecure.  You should use a different password for your account other than the password you use for our newsletters and mailing lists.

You are responsible for maintaining the confidentiality of your password and account.  Furthermore, you are responsible for any and all activities that occur under your account.  You agree to notify APLIN immediately of any unauthorized use of your account or any other breach of security.  APLIN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.  However, you could be held liable for losses incurred by APLIN or another party due to someone else using your account or password.  You may not use anyone else’s account at any time.  If you provide any information that is false, inaccurate, out of date or incomplete, or if APLIN has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, APLIN may suspend or terminate your account and refuse any and all current or future use of the Product/Services, the Site or any portion thereof.

Service Provision and End User License Agreement

Renewals & Payments

Payments made in respect of the Software are accepted via PayPal, Credit Card, Wire Transfer and other selected means at APLIN' sole discretion. Software licences automatically renew at the conclusion of each month until cancelled. Payment is due on the anniversary of the date of signup each month. If payment is not received within 1 days of the due date, APLIN will automatically suspend the license until full payment is received and reserves the right to suspend any and all related services for the account in question.

For all other Services, payments shall be due in advance of any work commencing. APLIN reserves the right to invoice for Services in installments, with payment being split into multiple payments, including without limitation arrangements whereby 50% of the price is paid prior to any work commencing, and the remainder is invoiced upon completion.

Should APLIN receive a chargeback or dispute relating to a payment you have made, or should your payment be identified as fraudulent or otherwise unlawful, irregular or contrary to this Terms of Service, the related licence and services will be suspended and you will be liable to repay the relevant amount plus any fees incurred. APLIN also reserves the right to revoke any and all Services until such time as any disputed amounts plus any fees and charges incurred (including for the avoidance of doubt, any relevant payment processing fees) have been repaid.

 

Delivery

All services shall be issued instantly upon APLIN receiving to its satisfaction confirmation of receipt of payment from the chosen gateway processor.

APLIN' professional services typically take 1-2 business days to be completed, but this is not a guaranteed completion time, and at peak times, they may take longer.

 

Cancellations & Refund Policy

Leased Software Licences may be cancelled at any time. No notice period is required, and cancellation shall be effective from the date the cancellation request is made or processed. Requests for cancellation should be submitted from APLIN' members area.

Any monies paid for Leased Software Licence renewals prior to a cancellation request being submitted are non-refundable. The same applies to any Services; once a Service has been started, any fees paid in respect of that Service shall be non-refundable.

APLIN reserves the right to cancel Services and access to the Service at any time. If a customer breaks the terms of the Terms of Service, a refund will not be available.

 

Service Transfer Policy

APLIN licenses, of any origin, may not be re-sold or transferred. Addons may be transferred between licenses within your own client account but not re-sold or transferred to other accounts.

 

Support

Support will only be provided for paid Products/Services if your account is in good standing. If there are outstanding payment issues relating to your account, or you are using a free product, support will not be provided.

We reserve the right to refuse user support for any reason, such as, but not limited to, abusive or offensive communication directed towards our staff.

 

Support Data

In order to provide the Services to you, APLIN may collect information from you including but not limited to: (a) IP addresses, usernames and passwords necessary to login to APLIN, FTP, cPanel and the Licensed Product root directory; (b) the usernames and passwords necessary to login into any affected accounts including FTP accounts, cPanel accounts, MySQL accounts and other accounts; and (c) other information that you voluntarily supply or that APLIN requests in order to resolve your Incident ((a) through (c) collectively, “Support Data”).  APLIN will use commercially reasonable efforts to preserve the security of the Support Data by using reasonable physical and electronic security measures (except to the extent APLIN is required or permitted to disclose, access or use such information by Applicable Law), but APLIN cannot guarantee the security of such data.  To the extent that Applicable Law requires that you obtain any consents, permissions or licenses from third parties (including Third Party Users) or to give any notices or disclaimers to third parties (including Third Party Users) prior your disclosure of Support Data to APLIN, you agree to comply with such Applicable Laws prior your disclosure of Support Data to APLIN.

 

Links to Third Party Sites

This Site may contain links to third-party websites posted to the Site by APLIN.  APLIN does not control such third-party sites or the content of such sites.  APLIN does not endorse and is not responsible for such third-party sites or content.  Use your best judgment when navigating away from the Site.

 

Disclaimer of Warranty

APLIN DOES NOT WARRANT THAT THE SITE, PRODUCTS/SERVICES, APLIN CONTENT WILL OPERATE ERROR-FREE OR THAT THE SITE, PRODUCTS/SERVICES, APLIN CONTENT ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.  IF YOUR USE OF THE SITE, PRODUCTS/SERVICES, CPANEL CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, APLIN IS NOT RESPONSIBLE FOR THOSE COSTS.  THE SITE, PRODUCTS/SERVICES, APLIN CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  APLIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.  APLIN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE, PRODUCTS/SERVICES, APLIN CONTENT.

 

Disclaimer of Consequential Damages

UNDER NO CIRCUMSTANCES SHALL APLIN BE LIABLE FOR DIRECT, INDIRECT,  INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF APLIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY  ASPECT OF YOUR USE OF SITE, PRODUCTS/SERVICES, APLIN CONTENT, WHETHER THE  DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, PRODUCTS/SERVICES, APLIN CONTENT, FROM  INABILITY TO USE THE SITE, PRODUCTS/SERVICES, APLIN CONTENT OR THE INTERRUPTION,  SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, PRODUCTS/SERVICES, APLIN CONTENT.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, PRODUCTS/SERVICES, APLIN CONTENT OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, PRODUCTS/SERVICES, APLIN CONTENT OR ANY LINKS ON THE SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

 

Indemnification

You shall indemnify, defend and hold harmless APLIN and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns (and its directors, officers, staff, employees and agents and their respective successors, heirs and assigns) (collectively, the “APLIN Parties”) against any liability, damage, loss or expense (including reasonable attorneys’ fees and expenses of litigation) incurred by or imposed upon the APLIN Parties or any one of them in connection with any claims, suits, actions, demands or judgments (“Claims”) related directly or indirectly to or arising out of (a) your use of the Site or Services; (b) your breach of this Agreement or any representations and warranties made by you in this Agreement; and (c) your violation of any third-party rights.

 

Termination

You may terminate this Agreement with or without cause at any time by providing notice to APLIN using the notice provisions of this Agreement; provided, however, that APLIN may preserve your account information to the extent required or permitted by Law.  APLIN may terminate this Agreement or terminate, suspend or disable your access to the Site or Products/Services at any time for any reason with or without notice.  If APLIN elects to provide you notice of such termination, we may use any notification method set forth in the Notices section of this Agreement.

 

Price Change

APLIN reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by APLIN through the user billing tool or through other methods of communication, including notices sent or posted by APLIN.

 

Trademarks

The APLIN website and Products contain references to many companies that the APLIN Products is integrated with for payments & other related services. APLIN and the APLIN logo are trademarks of APLIN MEDIA LIMITED. All rights reserved. All other trademarks are the property of their respective owners.

 

No reliance on information

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although APLIN make reasonable efforts to update the information on the Website, APLIN makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

 

Limitation of APLIN' liability

Nothing in these terms of use excludes or limits APLIN' liability for death or personal injury arising from APLIN' negligence, or APLIN' fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, APLIN exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

APLIN will not be liable to any user of the Website for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

 

APLIN is not responsible for websites APLIN links to

APLIN assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. APLIN will not be liable for any loss or damage that may arise from your use of them.

 

Viruses, Hacking or Account Breach

APLIN does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

APLIN will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. APLIN will report any such breach to the relevant law enforcement authorities and APLIN will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

A fee of not less than 65USD/Hour shall be levied for accounts in breach who's compromise affects the general running of APLIN services.

 

Linking to the Website

You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage APLIN' reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on APLIN' part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site.

APLIN reserve the right to withdraw linking permission without notice.

 

General clauses

No failure or delay by APLIN in exercising any of its rights under these Terms of Service shall be deemed to be a waiver of that right.

No person who is not a party to these Terms of Service has any right to rely upon or enforce any of the Terms of Service.

Each of the paragraphs of these Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

 

Notices & Contact Information

If you have questions or concerns about any of the terms in this agreement, or about how your information is handled, please direct your inquiry to APLIN as set forth below.

APLIN MEDIA Limited
Attn: General Counsel

P.O.Box 62148 - 00200
Nairobi,Kenya
E-Mail: support(at)aplin.africa

 

Applicable law and jurisdiction

Please note that these Terms of Service, its subject matter and its formation, are governed by Kenyan law. You and APLIN both agree to that the courts of Kenya will have exclusive jurisdiction.

 

Last Updated 25th April 2018