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:::NetBackups - BETA ::: Terms & Conditions
TERMS & CONDITIONS
Welcome to the NetBackups website.

By using our website (www.netbackups.co.ke) (the "Website"), you are regarded as having accepted the following General Terms and Conditions ("Terms"), which include our Privacy Policy, so please read and understand these Terms carefully.
You the Client and website visitor is here on referred to as “End User”.

Intellectual property

This Site is owned and operated by Interactive Technology Ltd (also referred to in these Terms as "we" and "us") and the information and materials appearing on the Website (the "Content") and all software used on the Website and all Content included on it (including, without limitation, Website design, text, graphics) is the property of Interactive Technology Ltd and is protected by international copyright laws.

None of the Content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder, except that you may download one copy of extracts from the Website on any single computer for personal, non-commercial, home use only, provided that all copyright and proprietary notices are kept intact.

You are prohibited from modifying any of the Content or using any of the Content for any purpose other than as set out in these Terms (including, without limitation, on any other website or computer network). Requests to republish any of the Content should be addressed to Interactive Technology Ltd, P. O. Box 47864 – 00100 GPO, Nairobi, Kenya.

Material you submit

By communicating with this Website, you confirm that you:

• have all necessary legal rights, including, without limitation, intellectual property rights, to the material and information you transmit or send to this Website;

• take full responsibility for any material you transmit or send to this Website;

• will not transmit or send to this Website any unlawful, confidential, defamatory, obscene, threatening, sexually or racially offensive, abusive, harmful or otherwise objectionable material; and

• subject to the Website's Privacy Policy, you authorize NetBackups, so far as the law permits, to use any such information and/or materials as it sees fit, in any territory, in any media, in perpetuity.

Disclaimer of Warranty

INTERACTIVE TECHNOLOGY LTD PROVIDE THIS WEBSITE IN GOOD FAITH AND DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN RELATION TO ANY PART, OR ALL, OF THIS WEBSITE OR ITS CONTENT, WE HEREBY EXCLUDE ALL WARRANTIES AND REPRESENTATIONS TO THE EXTENT PERMITTED BY LAW.

THE SOFTWARE APPLICATION AND ALL SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. USE OF THE SOFTWARE APPLICATION AND ALL SERVICES IS AT END USER’S OWN RISK. CHOICES WILD UK LTD AND ITS RESELLERS DO NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL MEET THE END USER’S REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRRUPTED OR ERROR FREE OR SECURE OR ACCURATE OR COMPLETE OR CURRENT. WITHOUT LIMITATION, TO THE FULLEST EXTENT ALLOWABLE BY LAW, THIS DISCLAIMER EXTENDS TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE GIVE NO GUARANTEE THAT THE ACTIVITIES AND OFFERS MADE AVAILABLE ON THIS WEBSITE WILL ALWAYS FUNCTION AS INTENDED OR THAT THIS WEBSITE WILL BE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT MAY BE HARMFUL OR DESTRUCTIVE.

Limitation of Liability

INTERACTIVE TECHNOLOGY LTD’S AGGREGATE LIABILITY AND THAT OF ITS RESELLERS AND THIRD PARTY SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO DAMAGES NOT TO EXCEED THE TOTAL OF PRIOR PAYMENTS MADE BY END USER FOR THE SERVICES IN THE MONTH PRIOR TO THE ACT OR OMISSION GIVING RISE TO THE LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL INTERACTIVE TECHNOLOGY LTD, ITS RESELLERS AND/OR ITS THIRD PARTY SUPPLIERS BE LIABLE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF INTERACTIVE TECHNOLOGY LTD HAS BEEN ADVISED OF THE POSSIBILITY THEREOF INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS REVENUE, OTHER ECONOMIC LOSS OR ANY LOSS OF DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE APPLICATION OR THE SERVICES OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES.

TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY, HOWEVER IT MAY ARISE, IN CONNECTION WITH ANY LOSS AND/OR DAMAGE THAT MAY OCCUR IN RELATION TO, USE OF, OR INABILITY TO USE, OR ACTION TAKEN OR REFRAINED FROM BEING TAKEN AS A RESULT OF USING, ALL OR ANY PART OF THIS WEBSITE OR ITS CONTENT, OR ANY WEBSITE TO WHICH THIS WEBSITE IS LINKED.

Payment of Fees

In consideration of the Services provided to END USER by Interactive Technology Ltd and END USER’s use of the Software Product, END USER agrees to pay Interactive Technology Ltd by authorized credit card the then applicable fees ("Fees"), together with all applicable taxes. END USER has thirty (30) days from the date that any discrepancy appears in END USER’s statement or any invoice to notify Interactive Technology Ltd in order to receive an adjustment or credit, after which time, all Fees will be deemed correct. END USER may cancel END USER’s subscription to the SERVICES prior to the renewal period by providing Interactive Technology Ltd with Seven (7) days written notice by e-mail or letter.

Changes to these conditions of use

We reserve the right to add or change these Terms and our Privacy Policy and agree to ensure that a note of the date and clause number of any such amendments will be included as part of these Terms. Any changes will be posted to the Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to access the Website after that time.

Severance

If any of these Terms is held by a court of law in any territory to be invalid, illegal or otherwise unenforceable, then, to the extent that it is held to be so, and with regard to the relevant territory only, that provision shall be severed and deleted from these Terms, provided that the remaining provisions of these Terms shall remain binding and enforceable and the severed provision shall also remain so in all other territories.

Governing law

These Terms & Conditions shall be governed by, and construed in accordance with Kenyan law and any disputes that may arise under or in relation to these Terms & Conditions shall be subject to the jurisdiction of the courts of Kenya.