For purposes of these terms and conditions, “iPay” shall mean iPay Ltd and “User” shall mean the individual using this website and/or its services.
iPay provides the information contained on this website and any pages comprising the website (“website”) to you subject to the terms and conditions of use set out herein (“terms and conditions”).
By accessing, using and/or downloading any information from the website, you are deemed to have accepted and agreed to the terms and conditions. If you do not accept and agree to the terms and conditions, do not access, use or download any information from the website.
iPay may at any time modify the terms and conditions without notice to you and your continued access or use of the website will be subject to the terms and conditions in force at the time of such access or use. Accordingly, you should review the terms and conditions periodically as your continued access or use of the website shall be deemed to be your acceptance of the amended terms and conditions.
Whilst every effort is made to update the information contained on this website on a regular basis, iPay makes no representations or warranties, whether express, implied in law or residual, as to the completeness or reliability of information, opinions, data and/or content contained on the website and shall not be bound in any manner by any information contained on the website.
The contents of the website do not constitute an invitation to invest in the shares of iPay. iPay reserves the right at any time to change the content or discontinue without notice, any aspect or feature of the website. No opinions, research information, data or content contained on the website (and whether posted by iPay or a third party) should be construed as advice and same are offered for information purposes only.
3.1 Third-party content
Some content on the Website is provided, or posted, by third parties. iPay is not responsible for the accuracy, propriety, lawfulness or truthfulness of third party content, and shall not be liable to any User in connection with such User’s use thereof. Users may gain access to websites operated by third parties via links on the iPay Website. Please read all related Terms and Conditions prior to using any such website. iPay has no control over third party websites, does not monitor such sites, and is not responsible for any content, products or services offered on such websites.
iPay reserves the right to cooperate fully with governmental authorities in the investigation of any suspected criminal or civil wrongdoing. Further, iPay may disclose the User’s identity and contact information, if requested by a government or law enforcement body or as a result of a subpoena/summons or other legal action. iPay shall not be liable for damages or results thereof. Each User agrees not to bring any action or claim against iPay for such disclosure.
Users agree not to undertake any scheme to undermine the integrity of, or gain unauthorized access to, the computer systems or networks used by iPay or its partners.
iPay reserves the right to limit, modify or deny access to the Website and its features and/or to change any of the features without prior notice. Each User acknowledges that their inability to use the Website, wholly or in part, for whatever reason, may have adverse effects to them.
iPay is not liable to any User (or third party) for any loss or damage resulting from the User’s inability to use the Website for whatever reason. iPay is not liable for loss or damage resulting from delays, errors, omissions, communication or transmission errors, or any damages (direct, indirect, consequential or otherwise) arising from the use of, or inability to use, the Website or any of its features.
External links may be provided for your convenience, but they are beyond the control of iPay and no representation is made as to their content. Use of or reliance on any external links is at your own risk. No hypertext links may be created from any website controlled by you (whether directly or indirectly) to the website without the express prior written permission of iPay.
Copyright and all intellectual property rights in and to all materials, texts, drawings and data made available on the website (collectively “materials”) are owned by iPay alternatively, iPay is the lawful user thereof and same are protected by international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights.
The trademarks, names, logos and service marks (collectively “trademarks”) displayed on the website are the registered and unregistered trademarks of iPay. Nothing contained on the website should be construed as granting any licence or right to use any trademark without the prior written permission of iPay.
iPay makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website.
iPay shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and/or use of the website and any information contained on the website and you waive any and all claims which you may have against iPay in respect of any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever, which may be suffered by you or your dependents as a result of or which may be attributable directly or indirectly to the aforesaid.
These limitations of liability shall apply regardless of the form of action, whether in contract, tort, delict, strict liability or otherwise, and regardless of whether either party has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, iPay shall not be liable for any indirect, contingent or consequential loss (including but not limited to loss of business or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance on the website or any information offered on or via the website.
10.1 These terms and conditions constitute the sole record of the agreement between you and iPay in relation to the subject matter hereof. Neither you nor iPay shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and iPay in respect of the subject matter hereof.
10.2 iPay shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms and conditions to any third party without notice to you.
10.3 All provisions of these terms and conditions are, notwithstanding the manner in which they have been linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever shall, in such jurisdiction only and only to the extent that it is so unenforceable, be disregarded and the remaining provisions of these terms and conditions shall remain of full force and effect.
10.4 These terms and conditions shall be governed by and construed in accordance with the laws of Kenya without giving effect to any
principles of conflict of law. You hereby consent to exclusive jurisdiction of the Kenyan courts in respect of any disputes arising in connection with these terms and conditions or any matter related to or in connection therewith.