Kava Terms and Conditions
- These Terms and Conditions were written by our company lawyers.
We’ve read thro them a few times and still don’t get it,
but they assure us it’s all good. However, should you read
through them and, like us, you get lost, no worries. Just pick up
the phone and ask us whatever question you have. We promise to
answer you. In plain English.
Terms & Conditions
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INTRODUCTION
The following terms and conditions (“Terms and Conditions”) apply to your access and use of this website and the services provided herein by Kava and/or on its behalf. These Terms and Conditions are also meant to regulate your access to our services through your mobile device via Unstructured Supplementary Service Data (USSD) protocol. For the avoidance of doubt, the word ‘website’ in this Terms and Condition may also refer to the interactive mobile communication provided via the USSD protocol. The Kava website and USSD protocol are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Kava website constitutes your agreement to all such terms, conditions, and notices. Please read these Terms and Conditions carefully. If you register with our website we will ask you to expressly agree to these terms of use. If you do not accept these Terms and Conditions, please discontinue your access to this website and/or use of the services immediately. All products and services of the website are subject to the applicable terms and conditions governing the products and/or services. The Terms and Conditions are to be read together with the applicable terms and conditions of sale associated with the products and/or services you may purchase and/or the applicable Insurance Policy.
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TERMS OF SALE
All products and services up for sale is merely an invitation to treat and is not an offer capable of acceptance. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. In order to contract with Kava you must be over 18 years of age and legally capable of entering into a contract. When you place an order or request for a quotation or estimate on behalf of another person or persons, you are deemed to have the authority to do so on behalf of the person or persons. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of any credit or debit card that may be used to place your order and that there are sufficient funds to cover the cost of the goods or services and FURTHER THAT you are the authorized/and or registered user of any mobile number that may be used to make payments via mobile money services. Kava provides products and services either itself or acting as agents. In circumstances where the Kava represents the Principal as agents only, Kava accepts no liability for any loss, damage, injury, illness, or harm which you may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations. Where a contract is made with a third party Kava is not acting as either agent or principal and the contract is made be-tween yourself and that third party and will be subject to the third party’s terms of sale. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order, or our representatives may call you to con-firm your order. This communication will only be an acknowledgement and will not constitute acceptance of your offer. Once your offer has been accepted, we will expressly tell you so. We shall then complete your transaction via email or telephone, as the case maybe.
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ACCESSING OUR SERVICES
In order for you to access our services and/or products, we will require you to provide us with information pertaining to yourself including but not limited to your name, postal address, e-mail address, date of birth, age, marital status, number of dependants, medical history, pre-existing medical conditions, and other personal information as may be requested by Kava. You agree to provide true, accurate, current and complete information when requested for such information. If there shall be any misdescription, misrepresentation or non-disclosure of a material fact from the information you supply, the insurance product you purchase shall be rendered null and void. Kava hereby reserves the right to request additional information from you.
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ACCOUNT SECURITY
In order to access our products, you will be required to create an account by choosing a login name/user name and a password. In such circumstances, The login name you chose for this website must not be obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights of any third party; and If we consider in our sole and absolute discretion that the user name selected by you is inappropriate, we reserve the right to reject and prevent your use of such user name at any time with or without notice to you. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. Kava reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. You shall immediately notify Kava if it comes to your knowledge that your password has been compromised or there has been unauthorized use of your account. Kava shall not be liable for any damage or loss of any kind suffered by you as a result of unauthorized use of your login name and password. You shall provide and maintain true, accurate, current and complete information about yourself when registering for your account.
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LINKS TO THIRD PARTY SITES
The Kava website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kava and Kava is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kava is not responsible for webcasting or any other form of transmission received from any Linked Site. By creating a link to a third party website, Kava does not endorse or recommend any products or services offered or information contained at that website and these links are provided only as a convenience.
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UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Kava website, you warrant to Kava that you will not use the Kava website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Kava website in any manner, which could damage, disable, overburden, or impair the Kava website or interfere with any other party’s use and enjoyment of the Kava website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kava websites.
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LICENSE AND WEBSITE ACCESS
Kava grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
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ELECTRONIC COMMUNICATIONS
When you visit the website or send e-mails to Kava , you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail and/or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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9. TRADEMARKS
- All trademarks, service marks, and logos displayed on this website are owned and/or licensed by Kava and/or their respective third party proprietors as identified on the website.
- Unless the prior written consent of the Kava and/or the relevant third party proprietor(s) of any of the trademarks, service marks or logos appearing on the website has been obtained, no license or right is granted to any party accessing this website to use, download, reproduce, copy or modify such trademarks, service marks or logos. Similarly, unless the prior written consent of the Kava and/or the relevant proprietor(s) has been obtained, no such trademarks, service marks or logos may be used as a link or to mark any link to the website or any other site owned and/or controlled by.
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EXCLUSION OF LIABILITY
Kava herein shall in no event be liable for any loss or damage howsoever arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss profits or savings arising in connection with your access or use or the inability to access or use this website (or any third party link to or from the website), reliance on the information contained on the website, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise. This exclusion clause shall take effect to the fullest extent permitted by law.
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INDEMNITY
You hereby irrevocably agree to indemnify and keep indemnified Kava from all liabilities, claims, losses and expenses, including but not limited to any legal fees that may be incurred by Kava in connection with or arising from (1) your use or misuse of this website and the services provided herein, or (2) your breach of these Terms and Conditions howsoever occasioned, or (3) any intellectual property right or proprietary right infringement claim made by a third party against Kava in connection with your use of this website.
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LAW AND JURISDICTION
These terms and conditions are governed by and are to be construed in accordance with the laws of Kenya. By accessing this website and/or using the services provided herein, you hereby consent to the exclusive jurisdiction of the courts of Kenya in all disputes arising out of or relating to the use of this website.
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TERMINATION
Kava reserves the right to terminate and/or suspend your access to this website and/or your use of this website at any time, for any reason. In particular, and without limitation, Kava may terminate and/or suspend your access should you violate any of these Terms and Conditions, or violate the rights of Kava , of any other user(s), or of any third party(ies).
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WAIVER
The failure of Kava to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
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MODIFICATION
Kava reserves the right to change/vary the information, material, functions and content provided in this with or without notice to the users. Your continued access or use of the website and/or the services provided herein subsequent to any such change will be deemed as your acceptance to those changes.
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SEVERABILITY
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition.
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PRIVACY
- The interactive features on this website require users to provide us with personal information such as their name, postal address, e-mail address, date of birth, age, marital status and other personal information as may be requested. By using our website, you consent to the collection and use of such information. We only use this contact information to send the requested information to the user or to process the relevant information in accordance with the user request. The information will not be shared with or sold to a third party without your consent.
- We may also use the information we collect to occasionally notify you about important changes to our website, our new services and special offers or promotions we think you’ll find interesting via Email or SMS. Please notify us by email, should you do not wish to receive such information.
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EXCLUSION OF LIABILTY
Kava does not make any express or implied warranties, representations or endorsements including but not limited to any warranties of title, non-infringement, merchantability, usefulness, operation, completeness, accuracy, satisfactory quality, reliability, fitness for a particular purpose in respect of the website, the material, information and/or functions therein and expressly disclaims liability for errors and omissions in such materials, information and/or functions. Without derogation of the above and/or the terms and conditions of the applicable agreements governing all the products and services of the website, reasonable measures will be taken by Kava to ensure the accuracy and validity of all information relating to transactions and products and services of the website.
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DISCLAIMER
- Whilst we do our utmost to ensure to ensure that our services and products are available to you at all times, we cannot guarantee a continuous fault free service. We do not warrant that the site or services provided will meet all and any of your requirements. In particular, we do not warrant that the website (in whole or in part) or services, or any other means used to provide the services, including but not limited to the USSD protocol will always be available, accessible, uninterrupted, timely, secure and error free. We therefore shall not be liable for any delay or failure to provide any services; neither shall we be liable for any loss suffered by you as a result of this delay or failure.
- No oral advice or written information given by Provider or its employees shall be used as a warranty nor shall the customer rely on any such information or advice.
- Kava makes no warranty that the contents of the website are free from infection by viruses or any other malicious works which has contaminating or destructive properties or that no viruses or other contaminating or destructive properties will be transmitted to your computer or that no damage will occur to your computer system
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Contact us
If you have any questions regarding privacy while using the Website, or have questions about our practices, please contact us via email at kava@kava.africa