Terms of Service
1. Your Acceptance
Throughout this Agreement, the words “TechPINITE,” “us,” “we,” and “our,” refer to our company, TechPINITE, Inc., as is appropriate in the context of the use of the words.
2. User Accounts and Sign-up
Portions of the Platform may require you to create a login or sign-up for an account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, TechPINITE may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify TechPINITE immediately of any unauthorized use of your account or any other breach of security. TechPINITE will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TechPINITE or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Companies may register via the Platform but may only have one user account. If you are registering on behalf of your company, you represent and warrant that you are authorized by your company to create an account on your company’s behalf. TechPINITE has the sole discretion in granting or denying any accounts.
4. Access to the Platform
After properly registering on the Platform, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our Platform as permitted by us. As a user, you do not receive any ownership interest in the Platform; you merely receive the right to use and access the Platform as provided by us. All rights not explicitly granted are reserved for TechPINITE. You agree to abide by the following restrictions listed below:
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of the Platform.
- You may not share your license with any other parties unless permitted by us in writing.
- You may not violate any laws, rules or procedures.
- You may not violate any of our additional policies.
- You may not use our Platform except through specific channels provided by us.
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform unless provided by us.
- Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed TechPINITE or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.
5. User Content
Your ability to submit or transmit any information through the Platform, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Platform will be owned by you. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. TechPINITE does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant the TechPINITE, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
6. Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
7. Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the TechPINITE Platform made using your account. You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Platform to stalk, harass, bully or harm another individual;
- You agree that you will not hold TechPINITE responsible for your use of the Platform;
- You may not post any User Content that is violent, distasteful, contains sexual nudity or sex acts, or is otherwise not up to community standards;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to TechPINITE;
- You agree not to interfere with or disrupt the Platform;
- You agree to not violate any federal or state laws while using the Platform; and
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions or if we believe that any of your actions may harm TechPINITE’s Platform or business interests your privileges to use our Platform may at our sole discretion be terminated, revoked, or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but TechPINITE reserves the right to suspend or terminate any account at any time without notice or explanation.
8. Seller Services Disclaimer
TechPINITE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THATTechPINITE MAY PROVIDE INFORMATION ABOUT A SELLER, BASED ON LOCATION, FEATURES OR RELEVANCY. HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND TechPINITE PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY TechPINITE. All Seller Services are sold on an “as is” basis. User releases TechPINITE from any liability associated with user’s use of the Platform or purchase of any Seller Services.
TechPINITE is not a party to any contracts between users and Sellers. Additionally, TechPINITE does not control or direct the Seller or the Seller Services, including but not limited to delivery date, performance, or quality. TechPINITE does not introduce users to Sellers. TechPINITE merely makes the Platform available to enable Sellers to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of Sellers for themselves. Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone and they do not reflect the opinions of TechPINITE. TechPINITE does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Seller Services provided by Seller.
In order to purchase any Seller Services user may be required to pay a fee as listed on the Platform by the Seller. Seller shall receive all such fees minus any fees deducted by TechPINITE. If you wish to purchase anything from our Platform you agree that we may charge your payment method on file and you agree to pay the fee listed on the Platform. Your credit card information or other payment method will be processed and stored by our payment gateway providers. Although you may have a balance in your account please be aware that TechPINITE does not provide banking or escrow services and you may not use TechPINITE for such purposes.
10. Order Confirmation
The Seller Services are not confirmed until user receives an order confirmation (the “Order”) from the Seller. All Orders are subject to additional terms and conditions of the Seller as listed by the Seller. Seller may list dates and timelines for the Seller Services to be provided for each Order or other relevant information. TechPINITE is not responsible for any Orders or the delivery of any Seller Services.
At TechPINITE we want you to be satisfied with any Seller Services offered via the Platform. All Orders made by a user shall only be refunded if such Order has not been fulfilled by a Seller. Before any Order can be refunded for any Seller Services, the user must first attempt to contact the Seller. If the Seller fails to respond or does not deliver the Order as promised to the user, the user may then initiate a refund request by contacting TechPINITE. Please be aware that refunds can only be given for unfulfilled orders and no refunds will be issued for any other reason. All refunds are issued at the sole discretion of TechPINITE. If you wish to request a refund or have an issue with any account billing, please contact us a firstname.lastname@example.org.
Users and Sellers acknowledge and agree that in order for TechPINITE to make the Platform available, it must receive fees for all Seller Services and Orders transacted. In consideration for making the Platform available for users and Sellers, you agree that for a period of 24 months from the time you identify or are identified by any party through the Platform , you must use the Platform as your exclusive method to request, make, and receive all payments for any Seller Services or Orders directly or indirectly provided to or received from that party or arising out of your relationship with that party. Users may only opt out of the non-circumvention by paying an opt out fee of $1000 dollars or 15% of the total Orders purchased from a Seller in the past calendar year, whichever is greater. You agree to notify TechPINITE immediately if another person improperly contacts you or suggests making or receiving payments outside of the Platform.
13. Seller and User Disputes
In the event of a dispute between Seller and user, Seller and user agree to attempt to settle the dispute amicably and in good faith by contacting each other and attempting resolve such a dispute. If such dispute cannot be settled, Seller or user may contact TechPINITE. TechPINITE, at its discretion, may assist in settling the dispute. In the event that TechPINITE assists in any dispute resolution, Seller and user agree to accept such resolution as resolved, binding, and final. This section does not obligate TechPINITE to settle disputes between any users and any Sellers and all users agree that TechPINITE is not a party to any such disputes.
You may cancel your account at any time via your TechPINITE dashboard or contacting us at email@example.com. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled and any Seller Services or Orders not concluded may be terminated. Upon termination you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. We may terminate your membership if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any other of our Platform policies; (3) if your account has remained inactive for an extended period of time; or (4) if we believe that any of your actions may harm TechPINITE, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to your use of the Platform. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. In the event we do not collect the relevant taxes owed by you, you agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your payments.
We attempt to protect our Sellers from chargebacks by employing different fraud detection methods. In the event of a chargeback we will notify the Seller immediately and the Order shall be immediately cancelled. If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. Please be aware that Sellers will not be compensated for any lost profits or time due to a chargeback by user. In the event that we believe that a user has submitted a fraudulent chargeback, we will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
17. Idea Submission
TechPINITE or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to TechPINITE. The sole purpose of this policy is to avoid potential misunderstandings or disputes when TechPINITE’s products might seem similar to ideas you submitted to TechPINITE. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of TechPINITE, without any compensation to you; (2) TechPINITE may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for TechPINITE to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
18. Intellectual Property
The name “TechPINITE,” the design of the TechPINITE Platform along with TechPINITE created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to TechPINITE. The Marks are subject to copyright and other intellectual property rights under laws and international conventions. TechPINITE reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
19. Representations and Warranties
THE PLATFORM AND ALL SELLER SERVICES SOLD IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHERTechPINITE, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; (C) ANY SELLER SERVICES AVAILBLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO TechPINITE OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
TechPINITE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. TechPINITE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. TechPINITE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND TechPINITE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
20. Limitation of Liability
IN NO EVENT SHALL TechPINITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR FROM ANY SELLER SERVICES OR ORDERS, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by TechPINITE’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein may not be applicable to residents of Countries or States. With respect to this, TechPINITE shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
You agree to defend, indemnify and hold harmless TechPINITE, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the TechPINITE Platform;
- your violation of any term of this Agreement; and
- any claim that your use of the Platform harmed another user or third party.
This defense and indemnification obligation will survive this Agreement and your use of the TechPINITE Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
22. Age Compliance
TechPINITE and its Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
23. Intellectual Property and Copyrights
If you believe that any User Content or other content found on the TechPINITE Platform has infringed on your copyrights or other intellectual property rights, please consult the TechPINITE Copyright and Intellectual Property Policy (“Policy”). The Policy contains information regarding the notification procedures required by us to remove any infringing material or content from our Platform. You must agree to abide by the Policy before using or accessing the Platform.
24. Choice of Law
This Agreement shall be governed by the laws in force in Kenya. The offer and acceptance of this contract is deemed to have occurred in Nairobi, Kenya.
You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration in Nairobi County, Kenya. Arbitration under this Agreement shall be conducted pursuant to the applicable rules (“Rules”) then prevailing at the Kenyan Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Nairobi County, Kenya.
26. Class Action
You and TechPINITE agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
27. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with TechPINITE are deemed to conflict with each other’s operation, you agree that TechPINITE shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
32. Additional Agreements
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
34. Electronic Communications
The communications between you and TechPINITE use electronic means, whether you visit the Platform or sendTechPINITE e-mails, or whether TechPINITE posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TechPINITE in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that TechPINITE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Updated on March 07, 2019