FocusMobile™ Terms and Conditions of Use

Spirit and Intention

The purpose of SMSLeopard™ is to promote effective communication with mobile phone users. The core requirement guiding the use of our platform is that you will abide by local and international laws that govern communication when using SMSLeopard. The spirit of use of the platform is that it will be used for positive work and importantly that it will not be used for evil purposes.

Agreement to Terms and Conditions of Use

By using clicking on the checkbox indicating that you agree to our terms of use or by otherwise using the SMSLeopard platform, you agree that you (whether an entity or person) are entering into a legal agreement with Focus Mobile Ltd, a Kenyan corporation which owns the SMSLeopard™ trademark. This legal agreement governs your limited, non-exclusive and terminable right to use the SMSLeopard Platform and any related services. If you do not agree to the terms of this agreement, you must not click accept and cannot use the SMSLeopard™ platform. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.

Amendments to Terms and Conditions of Use

Focus Mobile Ltd may amend the terms and conditions of use from time to time. All amended terms automatically take effect on the sooner of the day You use the Service or 7 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice.

Services offered on SMSLeopard™

SMSLeopard provides users with a way to communicate with mobile phone users over an easy to use web platform. This includes sending and receiving SMS from users as well as any related services such as storing and displaying data on the system.

Age Restriction

By using SMSLeopard you agree that you are older than 18 years. If you are less than 18 years old, you require the supervision of your parent or guardian (who must be older than 18 years old) while using the system.If you do not meet this requirement you must stop using the SMSLeopard platform.

Spam Policy

Spam

Irrelevant or inappropriate messages sent on the Internet to a large number of recipients. Sending the same message indiscriminately to large numbers of recipients on the Internet.

Spamming is not cool and we do not allow it. Notwithstanding anything else in this agreement, You will not send, cause to be sent or facilitate, Spam using the Service. You must prove that the recipients of your messages have agreed to receive messages from you either by signing up or by belonging to your organization through a documented registration process or by SMS subscriptions to your account. Accounts that send out spam will be suspended or deactivated and Focus Mobile Ltd may participate in the prosecution of spammers. Spamming consists but is not limited to unsolicited commercial advertising, fund solicitation or political messaging.

Opt Out Mechanism

As a precondition of using our platform you will maintain a do not contact list where users who decide to opt out of your messaging are added and will permanently not receive any messages from you.

Non Transferable Use of the Platform

Focus Mobile Ltd offers you a non-transferable use of the platform and your registration should be intended for your own individual, enterprise and limited commercial use. You agree not to resell the software: You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Software. Directly associated with this is that you will be held responsible for the activity on your account and you are responsible for securing the password of your account on the site.

Local and International Law

By using the SMSLeopard™ platform, you agree that you are aware of any local and international laws that govern communication in your area and agree to be bound by these laws. You agree to be held responsible for any activity on your SMSLeopard™ account which contravenes these laws

Billing

Focus Mobile Ltd will charge you for messaging on SMSLeopard on a pay as you go basis. Focus Mobile Ltd will not expire unused credits on your account, and you shall be expected to maintain sufficient balance on your account by topping up as needed. The billing section of your account shall outline sufficient information on the acceptable methods of payments usable on your account. Should Focus Mobile Ltd terminate the account on accounts of breach of this agreement, any monies unused on your account shall be deemed as forfeited by you and shall not be refundable.

Refund Policy

Credits can only be refunded in cash if the top up was done within 6 months. The request has to be made on company’s letterhead, signed and stamped. Cash will be refunded up to 50% of the total balance remaining in the account (e.g. if the balance remaining is KES 10,000/ only KES 5,000/ will be refunded). Approval of the refunds is at the sole discretion of Focus Mobile Ltd. Approval of the refunds will be communicated 48 hours after the request is submitted. Refunds will be reimbursed by way of cheque to be collected from the Focus Mobile offices. In case of reimbursement using M-pesa, the transaction costs will be borne by the client. All approved requests will be settled ONLY via Cheque, M-Pesa or method of payment used to purchase SMS credits. In cases where Focus Mobile Ltd deactivates an account as a result of the client breaching the agreement, any balances in that account shall be deemed forfeited and shall not be refunded.

Intellectual Property

All right, title and interest in the Service and any content contained herein is the exclusive property of Focus Mobile Ltd, except as otherwise stated. If you copy or download any information or software from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without Focus Mobile Ltd's prior written approval. All trademarks, trade names, service marks and logos are proprietary to Focus Mobile Ltd. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Focus Mobile Ltd, is strictly prohibited.

Warranty Disclaimer

All services on SMSLeopard platform are provided on an as is basis. No warranty is implied on the reliability, promptness, or suitability of our platform for any of our services. Please note that we rely on third party providers and face many factors out of our control such as power reliability, internet connectivity, third party software and internet security. As such our services should not be solely relied on in instances where late delivery or failure to deliver messages can have adverse consequences such as medical monitors, alarm systems and any other critical use cases. Your use of the SMSLeopard™ is an admission that you accept the limitations that come with use of the SMSLeopard™ platform and have taken appropriate measures to insulate yourself against any dire consequences.

Limitation of Damages

In no event shall Focus Mobile Ltd or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if Focus Mobile Ltd or a Focus Mobile Ltd authorized representative has been notified orally or in writing of the possibility of such damage. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Focus Mobile Ltd OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED KES 10,000 or the equivalent in your local currency. Any cause of action you may have with respect to your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Focus Mobile Ltd has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from a Site over the Internet cannot be guaranteed. Accordingly, Focus Mobile Ltd is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Focus Mobile Ltd shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Responsibility to Protect Data and Password

It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying Focus Mobile Ltd of any unauthorized use of your account, or breach of your account information or password. Focus Mobile Ltd will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney's fees for your failure to safeguard user and password information and/or promptly notify Focus Mobile Ltd about unauthorized use of your account or breach of your account information or password.

Governing Law

Any claim relating to SMSLeopard SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF KENYA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE COURT LOCATED IN THE REPUBLIC OF KENYA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A COURT TRIAL. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THIS AGREEMENT, OR A PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THIS AGREEMENT, AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. A PRINTED VERSION OF THIS AGREEMENT SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS.