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Terms & Conditions

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The following terms and conditions (the "terms and conditions") are a legal agreement between the Member "you") and Old Mutual trading as Old Mutual General Insurance Kenya Limited ("we", "our", "us"), a company with a registered office at Old Mutual Tower Upperhill, Kenya and registered number C.17074.

These terms and conditions together with our Privacy Notice (See Clause 15 below) set out the terms on which you may make use of our Application (as defined below). Please read these terms and conditions and Privacy Notice carefully before you start to use our Application.

By downloading or using our Application, you agree that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our Application.

1. Definitions and Interpretation

1.1 "Application" means the Application published by us for use on mobile telephones and smartphones, tablet computers and other devices through which you can review your benefits, generate your Rewards and track your Points.
1.2 "Intellectual Property Rights" means (i) patents, pending patent applications, designs, trade marks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and (iii) applications, extensions and renewals in relation to any such rights.
1.3 “Partner” means any business, merchant, service provider or organization with whom we have an agreement such that Users may redeem points for discounts or other rewards.
1.4 “Points” means the virtual credits, loyalty units or rewards issued to Users in the Application for wellness related activities, which can be redeemed under the conditions specified by us and Partners.
1.5 “Rewards” means the weekly or monthly rewards earned as a result of you getting active in accordance with the requirements set out in the Application.

1.6 “Services” means the features made available to Users via the Application, including wellness tracking, earning Points, redeeming rewards with Partners, etc.
1.7 “Thrive Points” means the virtual credits, loyalty units or rewards issued to Users in the Application for wellness related activities, which can be redeemed under the conditions specified by us and Partners.
1.8 “User” or “you” or “your” means any natural person who uses or accesses the Application.

2. These terms

2.1 These Terms & Conditions (“Terms”) govern your use and access to Old Mutual Thrive app and /or its subsidiary(ies), and/or affiliates (hereinafter collectively referred to as “we”, “us” or “our”, “Data Controllers”, “Data Controllers Entities”) services, including our website(s) our application(s), our application programming interfaces (APIs), our notifications and any information or content appearing therein (collectively our “Application”).
2.2 In consideration of you agreeing to abide by these terms and conditions, we will provide the Application to you in accordance with these terms and conditions.
2.3 By using our Application, you agree to these terms and conditions regardless of whether you are paying user or a non-paying visitor. If you are using our Application as a representative of an entity, you are agreeing to these terms and conditions on behalf of that entity.
2.4 You agree to comply with any third-party terms applicable to the downloading of our Application and in relation to the use of your device.
2.5 Refer to Appendix 1 of this document for more information on how to contact us.

3. Changes of terms

3.1 We may vary these terms and conditions from time to time by posting the updated terms on our Application. If we make material changes, we will notify you of the changes before they become effective. Your continued use of the Application and our services after the changes come into effect shall mean that you agree to be bound by the revised terms and conditions.

4. Access to our Application

4.1 We are constantly changing and improving our Application and the products and services we provide. We may from time to time change or discount any of the products or services we offer or add or remove functionalities or features. Access to our Application is permitted on a temporary basis and we reserve the right to amend suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice, where reasonably possible. We will not be liable if for any reason our Application is unavailable at any time or for any period.
4.2 We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You acknowledge that these beta services may not be as reliable as other products or services we offer.
4.3 We reserve the right to limit your use of our Application and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or any misusing our Application or any services we provide.
4.4 We try our best to ensure that our Application is always available, but we do not guarantee that the operation of or access to our Application will be uninterrupted or continuous. Our Application may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
4.5 You are responsible for making all arrangements necessary for you to have access to our Application.
4.6 You are responsible for configuring your information technology, computer programmes and Application or system to access our Application. We do not guarantee that our Application will be free from bugs or viruses.

5. Your account and password

5.1 In registering on our Application, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password and keep the password secure and confidential.
5.2 You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.
5.3 We have the right to disable any password, whether chosen by you, or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms and conditions.
5.4 You are responsible for all actions or activities that happen by, through or under your account.
5.5 You are responsible for controlling the access to and security settings of any device on which you install the Application.
5.6 By downloading our Application you warrant that:

5.6.1. you will utilise the Application solely to review and utilise your benefits, generate your Rewards and track your Points;
5.6.2. you are legally capable of entering into binding contracts;
5.6.3. you are at least 18 years old; and
5.6.4. you will abide by these terms and conditions in particular the prohibited uses at clause 6 and Acceptable Use Policy, which is set out at the end of these terms .

6. Use of the Application

6.1 You must comply with the Acceptable Use Policy and all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Application.
6.2 Subject to these terms and conditions,we grant you a non- exclusive, royalty-free, non-assignable, non-transferrable, non-sub licensable, non-exclusive and revocable license, solely for your personal use and solely for the duration of this agreement between us to install one copy of the Application onto a single device. If you own more than once device then you must download a separate copy of the Application to that device. This license is for the sole purpose of enabling you to use and enjoy the benefits of our Application as provided by us and in the manner permitted by these terms and conditions.
6.3 The license to use our Application will terminate if you do not comply with these terms and conditions or other additional terms and conditions imposed by us from time to time.

6.4 You must not copy, modify, distribute, sell, lease, loan or trade any access to the Application or any data or information on it.

7. Your rights

7.1 You retain your rights to any information or content you submit, post or display on or through the Application (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, nonexclusive, royalty-free licence (with the right to sub license) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to applicable provisions in our Privacy Policy.
You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties.
7.2 We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted submitted or posted by other users or visitors.
7.3 You warrant that your consent is not and will not infringe rights of any third party and that you have all the necessary rights, power and authority to satisfy your obligations with regard to your consent under these terms and conditions.

8. Our rights

8.1 All intellectual property rights subsisting in the Application or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Application in any way, or create any derivative works with respect to any such content or component.

8.2 Nothing in these terms and conditions will be construed as conferring any licence of our Intellectual Property Rights except those licences expressly granted in these terms and conditions.

8.2.1. Except as set out in this clause 8 you must not use, copy, store, download, sell, reproduce, redistribute, disclose, publish, rent, lease or lend the Application during or after the term of this agreement
8.2.2. You agree not to modify the Application, remove any copyright, trademark or other Intellectual Property Rights from the Application or allow a third party to do so.
8.2.3. You must not remove any copyright, trademark or other Intellectual Property Rights legend from the Application.
8.2.4. You agree not to make use of any of our trademarks or other Intellectual Property Rights in any manner unless we have given you express written permission to do so.
8.2.5. You agree not to copy, duplicate, reverse engineer, reverse compile, disassemble, record or otherwise reproduce all or any part of the Application.
8.2.6. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.2.7. You must not use any part of our Application or materials on it for commercial purposes without obtaining a license to do so from us and our licensors.

8.2.8. If you print off, copy or download any part of our Application in breach of these terms and conditions, your right to use our Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8.3 We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Application. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Application.

8.4 Our name “Old Mutual”, “Old Mutual Thrive” and our marks and logos are our trademarks (be they registered or unregistered) and may not be used without our express prior written consent.

9. Point and Rewards

9.1 Participation in the Points and Rewards Program is subject to additional terms and conditions, which are outlined in the Old Mutual Thrive Reward Program Terms (“Reward Terms”). These Reward Terms are incorporated by reference into these Terms & Conditions and form part of your agreement with us.
9.2 The full Reward Program Terms are available at: …………………………………. and may be updated from time to time. It is your responsibility to review and comply with those terms when participating in the Points and Rewards Program.
9.3 In the event of a conflict between these Terms & Conditions and the Reward Program Terms in relation to the Points and Rewards Program Terms, the Reward Program Terms will prevail.

10. Feedback

10.1 We value and welcome feedback on our Application. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Application or any products or services we offer, without any payment to you.
10.2 You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

11. Limitation on liabilities

11.1 The Application is provided free of charge and therefore is provided to you on your own behalf without any guarantees, conditions or warranties as to its accuracy (whether express or implied). Some countries or jurisdictions may not allow one or more of the disclaimers in this clause, in which case the relevant disclaimer concerned will not apply to you. In particular:

11.1.1 we provide the Application and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Application is at your own risk;
11.1.2 we give no assurance, representation or warranty of any kind (whether express or implied) about the Application and any products or services we provide;
11.1.3 we do not guarantee that the information or content you find on the Application is always accurate, truthful, complete and up-to-date;
11.1.4 we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
11.1.5 we are not responsible for any delay or disruption in our Application or any defect, viruses, bugs or errors;
11.1.6 we are not responsible for the conduct of or any content or information submitted or posted by any user of the Application (whether online or offline);
11.1.7 we are not responsible for any decisions you make based on the use of our Application and / or the information, recommendations, products or services on our Application, including but not limited to whether or not you choose to seek professional medical care or treatment;
11.1.8 we are not responsible for any representations or warranties made by any third party with regard to our services; and
11.1.9 we are not responsible for any decisions made or actions taken by any third party as a result of your use of the Application, including the denial of any benefit or incentive, whether or not these decisions or actions are taken as a result of an error or omission in, or disruption of, the Application.

11.2 To the fullest extent permitted by law, we, other members of our group of companies affiliates, directors, officers, employees, agents, representatives, licensors and other third parties connected to us hereby expressly exclude liability for:

11.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
11.2.2 loss of profits;
11.2.3 any direct, indirect, incidental, special, exemplary, consequential or any damage incurred by you in connection with our Application or in connection with the use, inability to use, or results of the use of our Application, products, services, any websites linked to it and any materials posted on it, including, without limitation any liability for:-

(a) loss of income or revenue (whether direct or indirect);

(b) loss of business (whether direct or indirect);

(d) loss of anticipated savings (whether direct or indirect);

(e) loss of data (whether direct or indirect), except where we have materially breached any relevant data protection laws or regulations which apply to us;

(f) loss of goodwill (whether direct or indirect);

(g) wasted management or office time (whether direct or indirect);

(h) loss of reputation; and

(i) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of, or damage to, your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

11.3.    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
11.4. Your sole right and remedy in the event of any defect in the Application or its operation, to the exclusion of all other remedies, will be to terminate the licences described in these terms and conditions and to delete the Application from your device.
11.5.    We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Application or providing the products or services we offer.
11.6.    If you are using the Application as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
11.7. Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Application.

12. Use our Application at your own risk

12.1 While we provide information about certain health (including mental health) and fitness related topics, our Application does not seek to provide any professional medical diagnosis or treatment advice. If you rely on any of the contents of our Application, you do so at your own risk.
12.2 Our goal is to provide helpful and accurate information on the Application, but we make no endorsement, representation, or warranty of any kind about any contents of our Application. The accuracy of the data collected and presented through our Application is not intended to match that of medical devices or scientific measurement devices.
12.3 The services we provide are not intended to diagnose, treat, cure, or prevent any disease, disorder, or illness. If you have a medical or heart condition, consult your doctor or relevant professional before using our Application, engaging in an exercise program, or changing your diet. If you experience a medical emergency, consult with a medical professional. We are not responsible for any health problems that may result from training programs, exercises, consultations, products, or events you learn about or participate in through the Application. If you engage in any exercise program you receive or learn about through the Application, you agree that you do so at your own risk and are voluntarily participating in these activities.
12.4 Our Application will provide you a risk score of your statistical risk for diabetes based on the information provided by you. We make no endorsement, representation, or warranty of any kind about such information provided to you and our services is not intended to diagnose, treat, cure, or prevent any disease including diabetes. You are recommended to seek professional medical, diagnosis or treatment advice for further guidance and tests.
12.5 Our Application will provide you with a score of your mental wellness, based on the information provided by you. We make no endorsement, representation, or warranty of any kind about such information provided to you and our services are not intended to diagnose, treat, cure, or prevent any disorder or disease including depression. You are recommended to seek professional medical, diagnosis or treatment advice for further guidance and tests.
12.6 THE CONTENTS OF OUR APPLICATION, INCLUDING BUT NOT LIMITED TO THE INFORMATION, RECOMMENDATIONS, PRODUCTS OR SERVICES, IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, DIAGNOSIS OR TREATMENT ADVICE. IF YOU REQUIRE SUCH ADVICE OR SERVICES, YOU SHOULD CONSULT A QUALIFIED MEDICAL PROFESSIONAL.

13. Indemnity

13.1 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Application and/or (iii) any misrepresentation made by you.
13.2 You also agree to fully co-operate with us in the defense or settlement of any claim in relation to or arising out of our Application or these terms.

14. Third Party Services

14.1 Our Application from time to time may recommend, provide you access to, or enable third party software, products, services or website links (collectively, “Third Party Services”). In addition to these terms of use, you also agree to be bound by the additional service-specific terms applicable to services that are provided by these Third-Party Services.
14.2 Any use by you of Third-Party Services offered through our Application is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third-Party Services before using them.
14.3 We do not provide any warranties with respect to Third Party Services. You acknowledge that we have no control over Third Party Services and shall not be responsible or liable to anyone for such Third-Party Services. The availability of Third-Party Services on our Application, or the integration or enabling of such Third-Party Services on our Application does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by us.
14.4 If you install or enable a Third Party Service for use with our Application, you grant us permission to allow the applicable Third Party Service provider to access your data and to take any other actions as required by the Third Party Service to be used with our Application, and any exchange of data or other interaction between you and the Third Party Service provider is solely between you and such Third Party Service provider. We are not responsible for any disclosure, modification or deletion of your data, or for any corresponding losses or damages you may suffer, as a result of access by a Third-Party Service or a Third-Party Service provider to your data.
14.5 Under no circumstances shall we be liable for any direct, indirect, incidental, special, exemplary, consequential, punitive or other damages whatsoever that result due to your use of Third-Party Services or your contractual relationship with any Third-Party Services provider. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
14.6 You agree to indemnify and hold Our Entities harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from any claim or demand, arising out of your use of a Third-Party Service.
14.7 Your warrant that your consent is not and will not infringe rights of any third party and that you have all the necessary rights, power and authority to satisfy your obligations with regard to your consent under these terms and conditions.

15. Data Privacy

15.1 Personal Information refers to identifiable information such as your name, email, phone number, or health-related activity data as defined by applicable data protection laws in your country i.e. Kenya – Data Protection Act, 2019; Uganda- Data Protection and privacy Act, 2019 and Rwanda - Law No 058/2021 of 13/10/2021-Data Protection and Privacy Law.
15.2 By enrolling on the Application, you consent to the collection and processing of your Personal Information for the purpose of operating the Service. Aktivo Labs acts as the Data Processor on behalf of Old Mutual.
15.3 We are committed to respecting and protecting your privacy in line with our, Privacy Policy, www.oldmutual.co.ke/thrive/thrive-privacy-policy

16. Termination

16.1 These terms will continue to apply until terminated by either you or us as follows:

16.1.1 You may stop using the Application at any time by deactivating your account.

16.2 We reserve the right to suspend or terminate your access to our Application, if we reasonably believe:

16.2.1 you are in serious or repeated breach of these terms which you fail to remedy (if remediable) within fourteen (14) days after notifying you to do so;
16.2.2 you are using the Application in a manner that would cause a real risk of harm or loss to us, other users, or the public;
16.2.3 we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes;
16.2.4 if you breach the terms of the Acceptable Use Policy; or
16.2.5 our provision of the Application to you is no longer possible or commercially viable.

16.3 When a breach of these terms and conditions has occurred, we may take such action as we deem appropriate including terminating this agreement and/or any insurance plan or other product you hold with us. If this agreement is terminated for any reason you will delete our Application from your device and we have the right to block your access to the Application.
16.4 Failure to comply with these terms and conditions constitutes a material breach of these terms and conditions upon which you are permitted to use our Application, and may result in our taking all or any of the following actions:-

16.4.1. immediate, temporary or permanent withdrawal of your right to use our Application;
16.4.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Application;
16.4.3. issue of a warning to you;
16.4.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
16.4.5. further legal action against you;

16.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

16.6 In any of the above cases, we will notify you by email address associated with your account or the next time you attempt to access your account, unless we are prohibited from notifying you by law.

16.7 Upon termination of your access, these terms will also terminate except for Clauses 11 to 22.

17. Assignment

17.1 You may not sub-license, assign or transfer in any way any of your rights, liabilities and/or obligations under these terms and conditions on a temporary or permanent basis to any third party without our prior written consent. We may transfer our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided

18. Severability

If any provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions will remain unaffected and in force.

19. Waiver

No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

20. Entire Agreement

20.1 These terms constitute the entire agreement between any User and Us in relation to the use of or any transactions on the Application. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Application.
20.2 You acknowledge that, in entering into these terms and conditions, you do not rely on, or will have any remedies in respect of, any representation or warranty or any statement, representation, (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
20.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract
20.4 Nothing in this clause limits or excludes any liability for fraud.

21. Contact

21.1 If you have any questions, feedback or support regarding the Application, these terms and conditions or the Acceptable Use Policy, please contact us through the following: OldMutualThrive@oldmutual.co.ke

22. Governing law and jurisdiction

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Kenya.

The Kenyan courts will have exclusive jurisdiction over any claim or dispute arising from, or related to, the Application.

Acceptable Use Policy of Old Mutual Thrive App (the “Application”)

As part of the terms of use, you agree not to misuse the Application or help anyone else to do so. For example, you agree not to do any of the following in connection with the Application:

i. use our Application for unlawful or unauthorised purposes;
ii. use our Application in any way that breaches any applicable local, national or international law or regulation
iii. re-sell or attempt to benefit in a commercial fashion from any data, content or Information available on the Application;
iv. probe, scan, or test the vulnerability of any system or network;
v. breach or otherwise circumvent any security or authentication measures or service use limits;
vi. access, tamper with, or use non-public areas or parts of the Application;
vii. interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Application, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Application;
viii. reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Application or any related technology that is not open source;
ix. access, search, or create accounts for the Application by any means (automated or otherwise) other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk) or attempt to do so;
x. send unsolicited or unauthorized communications, promotions or advertisements, or spam;
xi. forge any TCP/IP packet header or any part of the header information in any email;
xii. send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
xiii. conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorization;
xiv. abuse referrals or promotions;
xv. post, publish, upload, display, distribute, or share materials that are unlawful, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
xvi. submit purposefully inaccurate information, commit fraud, or falsify information;
xvii. violate the letter or spirit of our terms of use;
xviii. violate applicable laws or regulations in any way; or
xix. violate the privacy or infringe the rights of other users
xx. in any way which contravenes the virus and hacking provisions below:

a. You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
b. You must not attempt to gain unauthorised access to, interfere with, damage or disrupt our Application, the server, equipment or network on which our Application is stored, any software used in the provision of our Application or any server, computer or database connected to our Application. You must not attack our Application via a denial of service attack or a distributed denial of service attack.
c. By breaching this clause , you would commit a criminal offence under the Computer Misuse and Cyber Crimes Act in force or as may be amended over time, or any other legislative instrument or law which supersedes this law, in either Kenya, Uganda or Rwanda We will report any such breach to the relevant law enforcement authorities and we will co operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.
d. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Application or to your downloading of any material posted on it, or on any website linked to it.
e. You must not reproduce duplicate, copy or re-sell any part of our Application in contravention of the provisions of these terms and conditions.

Moderation and Reporting Abuse:

The Application reserves the right to monitor, review, and moderate content shared by users to ensure compliance with this Acceptable Use Policy. Any content found to be in violation may be removed without notice, and appropriate action may be taken against the responsible account.
If you encounter content that violates this policy, you are encouraged to report the abuse through the provided reporting mechanisms or by contacting us directly. We will investigate all reports promptly and take necessary action.

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