BESOCIAL User Terms and Conditions
BY ACCESSING OR USING THIS PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE (“TERMS OF USE” OR “TOU”), PRIVACY POLICY AND SUCH OTHER AGREEMENTS, AS MAY BE ADOPTED BY US FROM TIME TO TIME. PLEASE READ THESE AGREEMENTS CAREFULLY BEFORE ENTERING INTO A TRANSACTION ON THIS PLATFORM.
“AFFILIATES” AS USED HEREIN MEANS, WITH RESPECT TO COMPANY, AN ENTITY THAT DIRECTLY OR INDIRECTLY CONTROLS, IS CONTROLLED BY OR IS UNDER COMMON CONTROL WITH COMPANY. “CONTROL” FOR THE PURPOSES OF THIS DEFINITION, MEANS DIRECT OR INDIRECT OWNERSHIP OR CONTROL OF MORE THAN 50% OF THE VOTING INTEREST OF AN ENTITY.
“BUYER/S”, “YOU”, “YOUR” OR “USER/S” MEANS A LEGAL PERSON WHO IS GIVEN ACCESS TO USE THE PLATFORM IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN.
“COMPANY, US, OUR OR WE” AS USED HEREIN MEANS NRG MEDIA LTDAND ITS AFFILIATES.
“PROFILE” MEANS THE INDIVIDUALLY IDENTIFIABLE PROFILE OF USER CREATED AT THE TIME OF REGISTERING ON THE BESOCIAL PLATFORM;
“BESOCIAL PLATFORM” OR “PLATFORM” MEANS AND REFERS TO THIS INTERNET BASED E-COMMERCE MARKETPLACE PLATFORM CALLED ‘BESOCIAL’, WHICH, ENABLES BUYERS AND SELLERS TO TRANSACT ON THE PLATFORM, AND ALSO ENABLES USERS TO EXPLORE, DISCOVER, WATCH, UPLOAD AND SHARE VIDEOS AND OTHER CONTENT INCLUDING USER GENERATED CONTENT COVERING INTERESTING STORIES, HOMEMADE VIDEOS, EVENTS, TALENT CONTESTS, GAMES, ETC. ENABLES PARTNERS TO DISPLAY ADVERTISEMENTS, PROMOTIONAL OFFERS
ANY INFORMATION, MATERIALS AND CONTENT CONTRIBUTED TO THE BESOCIAL PLATFORM IS FOR PUBLIC CONSUMPTION (EXCEPT FOR PRIVATE CHAT MESSAGES) ARE DEEMED NON-CONFIDENTIAL. WE ENCOURAGE YOU TO EXERCISE CAUTION AND NOT SHARE AND/OR CONTRIBUTE SUCH INFORMATION, CONTENT AND MATERIALS THAT ARE PRIVATE AND/OR CONFIDENTIAL IN NATURE.
THE BESOCIAL PLATFORM MAY EITHER BE (I) PRE-LOADED WITHIN YOUR MOBILE, TABLET, WEARABLE AND/OR ANY OTHER SMART DEVICE USED (“DEVICE”); (II) INTEGRATED WITH AN APPLICATION OR WIDGET ON YOUR DEVICE; (III) DOWNLOADED AND INSTALLED BY YOU FROM A THIRD-PARTY APPLICATION STORE; (IV) VIEWED ON THE WEBSITE (www.besocial.tv ).
PLEASE CAREFULLY READ THESE TERMS BEFORE DOWNLOADING, SUBSCRIBING TO, ACCESSING OR USING THE BESOCIAL PLATFORM.
GENERAL
By installing, subscribing to, accessing or using the BESOCIAL Platform, You agree to these Terms. If You do not agree to these Terms, You may elect to uninstall or unsubscribe or disable certain features from the BESOCIAL Platform and in which case all or some of its features will not be made available to You. The BESOCIAL Platform may also fail to operate and provide You with optimum experience.
You will have to comply with any software, Device licences and/or terms of use for the use of the third-party application store/platform from which You downloaded BESOCIAL Platform or the application/ Device in which BESOCIAL Platform is bundled/pre-loaded, as applicable.
These Terms incorporate by reference BESOCIAL (“Privacy Policy”) as set out at https://www.besocial.tv/privacy. By using BESOCIAL Platform, You agree to be bound by the Privacy Policy.
These Terms apply to all users of the BESOCIAL Platform, including users who view and access the Content and also users who are contributors of the Materials. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials You may view on, access through the BESOCIAL Platform. This includes message boards, chat, and other original content. “Materials” includes the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials and content that You may contribute in any manner to the BESOCIAL Platform. This includes Your contributions to the message boards and chat.
ACCESS TO THE BESOCIAL PLATFORM
You may access and use the Platform only if You are 18 (eighteen) years of age or older. Company reserves the right to terminate Your registration and / or refuse to provide You access to the Platform if it is brought to the Company’s notice or if it is discovered that You are a minor, insolvent or in any manner barred from entering into a contract. If You are under 18 years of age, then please purchase products or use the BESOCIAL Platform through your legal guardian in accordance with the applicable laws. The BESOCIAL Platform is not intended for minors under the age of 18 years.
When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records or otherwise from Us periodically to the electronic or residential address provided to us at the time of registration, and as and when required. The Company may communicate with You by email or by such other mode of communication, electronic or otherwise.
The Company will undertake reasonable efforts to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the inherent nature of the internet, this cannot be guaranteed. The Platform may also be occasionally suspended or restricted to carry out repairs, maintenance, or the introduction of new facilities, upgrades or services at any time without prior notice. Notwithstanding anything to the contrary, the Company reserves the right to refuse access to the Platform to new users or to terminate access granted to existing Users at any time.
We make no representation that Content and/or Materials on the BESOCIAL Platform are appropriate or available for use in locations outside Kenya or that the BESOCIAL Platform complies with any country’s privacy laws. Accessing the BESOCIAL Platform or Materials from territories where the Content is deemed illegal, is prohibited. If You access the BESOCIAL Platform, You do so on Your own initiative and are responsible for compliance with local laws.
YOUR PROFILE AND YOUR INFORMATION
Users are required to register on the Platform by submitting the requisite documents and information (including (including without limitation phone number, name, age, gender, KYC Documents, financial details, and subsequently creating a Profile. Upon successful registration, Buyers will be issued a username and password which are linked to Your Profile. These are non-transferable. Please keep this information confidential as You are responsible for all acts or omissions committed on the Platform using Your username or password and for all the information / content posted under Your Profile. Buyers are prohibited from selling, trading, or otherwise transferring their Profiles to other persons. Representatives of the Company may assist the Buyers with creating their account and registering them on the Platform.
By creating a Profile, You confirm that the information in Your Profile is accurate, genuine and will be regularly updated and You shall immediately notify Us of any unauthorized use of Your Profile or any other breach of these Terms of Use or security known to You.
By creating a Profile, You will be responsible for maintaining the confidentiality and security of Your Profile, and are fully responsible for all activities that are carried out through Your Profile. You agree to (a) immediately notify the Company of any unauthorized use of Your Profile or any other breach of security, and (b) ensure that You exit from Your Profile at the end of each session. the Company cannot and will not be liable for any loss or damage arising from Your failure to comply with these requirements.
Further We do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the BESOCIAL Platform. You are solely responsible for the activity that occurs on Your account whether or not You have authorized such activities or actions and shall, at all times, keep the Company indemnified in this regard and You must keep Your account password, if any, secure. You must notify Company immediately of any breach of security or unauthorized use of Your account. You may not use Your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the BESOCIAL Platform may be available to You or other authorized users of the BESOCIAL Platform. You shall not interfere with anyone else’s use and enjoyment of the BESOCIAL Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.
The Company does not pre-screen Your Profile information or User Content. However, the Company at its discretion and in accordance with applicable law may monitor any content or information posted by You and may remove any User Content from the Platform if the Company determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where the Company removes User Content from the Platform, the Company will make reasonable efforts to inform the User who had posted such User Content. Such actions do not in any manner, negate or dilute the Company’s position as an intermediary or impose any liability on the Company with respect to User Content.
Some of the Profile data may be considered personal information under data privacy laws applicable in relevant jurisdictions. Further, for BESOCIAL Platform to provide optimum end user experience, We may also collect and/or obtain certain other end user information (including without limitation phone Device-related information, IP address, location data etc.). You consent to such end user information and the Profile data being collected, used and processed in accordance with the provisions of the Privacy Policy. By providing the Profile data You also consent and agree to Company’s use of the Profile data to contact You (including via calls, SMS, e-mail, Whatsapp, Telegram or other such means of communications) for improving Our services and for supporting users to improve and maximise their experience of the BESOCIAL Platform including in relation to the contributions and provision of Materials for the BESOCIAL Platform. The Privacy Policy explains how We collect, use and share Your data when You use BESOCIAL Platform. BESOCIAL Platform provides You the ability to disable certain features or opt out of targeted advertising. To change these settings, please visit the settings page of Your Device as stated above. For opting out of targeted advertising You may use the limit ad tracking feature by Google Ads or similar features in Your Device.
Further, You authorize Us to:
collect, use, share, process and store all information provided by You and Your access information including the IP address, IMEI number and MAC address of the computer / device from where the Platform was accessed;
either directly, or through third parties, verify and confirm information in Your Profile;
contact You using the information in Your Profile and provide promotional materials that may be of interest to You;
use any and all of the information provided by You to create Your Profile; and
modify, limit or delete Your Profile as may be required.
If You are participating in any gaming, talent hunt or other contests on the BESOCIAL Platform, Your participation will be subject to the contest specific terms as we will notify You about from time to time. We may ask you to provide additional data and information for the purposes of communicating regarding the contests and disbursing rewards (including without limit postal address, PAN and bank account details for disbursing rewards) and may also share the same with Our rewards / logistics partners limited to the specific purpose.
To the extent You are permitted to use the BESOCIAL Platform to publish/ market/sell any of Your or third-party products, We reserve the right to take down or remove any Content or Materials at Our discretion without any liability whatsoever and You are solely responsible for ensuring that the product meets BESOCIAL guidelines.
ACKNOWLEDGEMENTS
You agree and acknowledge that:
The BESOCIAL Platform includes third party Content, advertising information or promotional material (collectively “Third Party Content”) and it is hereby clarified that Company is not responsible or liable for any Third Party Content, the intellectual property and other proprietary rights in the Third Party Content. Company is not responsible for the accuracy of any Content which may be accessed by You or the Materials. Your use of the BESOCIAL Platform, the Ad-Content, Materials and the Content, including Your election to view, contribute, interact with or action upon the same is at Your sole risk and discretion
The BESOCIAL Platform may also contain links to other websites, which are not operated by the Platform, and the Platform has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
You will need to make Your own independent judgment regarding Your (i) direct interaction with any third-party landing pages/ websites/ applications where Company redirects You; or (ii) Your participation in promotions or interaction with Third Party Content of any advertisers, content providers, e-commerce partners, reward partners or payment facilitators even if you elect to engage with any such content such as games, promotions, advertisement, product purchase on the BESOCIAL Platform. We assume no liability for the same and Your correspondence or business dealings with, or participation in promotions/content of advertisers, content providers, e-commerce partners, reward partners or payment facilitators found on BESOCIAL Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between You and such third party. We urge You to refer and review the terms of use, warranties and license agreements of such third-party promotions, content partners, streaming partners, e-commerce partners, sponsors, advertisers, websites, applications and other landing pages that You interact with.
You are responsible for providing, at Your own expense, all equipment and resources necessary to use the BESOCIAL Platform and services, including a computer, software, modem, and internet access (including payment of all fees associated with such access). Mobile internet transmissions are never completely private or secure and the transmission of Content, Materials and Your use of the BESOCIAL Platform maybe affected, interrupted or disrupted for reasons beyond Company’s reasonable control. Any message or information You send using BESOCIAL Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
LICENSE AND CONTENT RESTRICTIONS
LICENSE RESTRICTIONS:
Except as expressly set out in these Terms, You agree:
not to copy the BESOCIAL Platform (including its specific design, user interface) except where such copying is incidental to normal use of BESOCIAL Platform, or where it is necessary for the purpose of back-up or operational security;
not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the BESOCIAL Platform;
not to make alterations to, or modifications of, the whole or any part of BESOCIAL Platform, or permit the BESOCIAL Platform or any part of it to be combined with, or become incorporated in, any other programs including any root software;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the BESOCIAL Platform or attempt to do any such thing except to the extent permitted by applicable law solely because it is essential for the purpose of achieving inter-operability of BESOCIAL Platform with another software program, and provided that the information obtained by You during such activities:
1. is used only for the purpose of achieving inter-operability of BESOCIAL Platform with another software program;
2. is not disclosed or communicated without Our prior written consent to any third party;
3. is not used to create any software that is substantially similar to the BESOCIAL Platform.
not to provide or otherwise make available the BESOCIAL Platform in whole or in part (including object and source code), in any form to any person without prior written consent from us;
to comply with all technology control or export laws and regulations that apply to the technologies used or supported by BESOCIAL Platform in Your use of the BESOCIAL Platform.
to not use the BESOCIAL Platform in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into BESOCIAL Platform or any operating system and shall at all times remain compliant with laws applicable to Your use of BESOCIAL Platform;
to not infringe Our intellectual property rights or those of any third party or any license terms in relation to Your use of BESOCIAL Platform or any service associated (to the extent that such use is not licensed by these Terms);
not use the BESOCIAL Platform in a way that could damage, disable, overburden, impair or compromise Our systems or security or interfere with other users; and
not collect or harvest any information or data obtained from any BESOCIAL Platform or Our systems or attempt to decipher any transmissions to or from the servers running any service for the BESOCIAL Platform including attempt to sale, resale, broker, re-broker, reverse-engineer or make derivative works of such data.
CONTENT USE RESTRICTIONS:
The Content is provided to You ‘AS IS’. All rights not expressly conferred by Us to You hereunder are specifically reserved solely to Us, our content partners and third party providers of the Third-Party Content. You may access Content for Your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms. You may not
use Content in an obscene, pornographic, defamatory, disparaging, infringing or other unlawful manner or in violation of any applicable laws, proprietary or privacy rights;
Unless expressly permitted pursuant to BESOCIAL Platform, use the Content for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose;
share, re-distribute, reproduce, download, sub-license, publish, copy, create derivative works, offer for sale or use the Content and/or Ad-Content displayed on BESOCIAL Platform (unless You are specifically permitted to share or copy by way of a ‘Share’ or ‘Copy’ button); and/or
re-order, re-purpose, modify, edit, obscure or truncate in anyway the Content, Ad-Content or BESOCIAL Platform.
You understand that when using the BESOCIAL Platform, You will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Company with respect thereto.
YOUR MATERIALS, CONDUCT AND RESPONSIBILITY
You shall be solely responsible for Your Materials and the consequences of submitting and publishing Your Materials on the BESOCIAL Platform. You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish Materials that You submit; and You license to Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the BESOCIAL Platform pursuant to these Terms. You may remove Your Materials from the BESOCIAL Platform at any time. You must remove Your Materials if You no longer have the rights required by these Terms.
If you are uploading and providing Your Materials, which may be considered as advertised, marketed, sponsored, paid promotions, etc., You are required to clearly indicate such Materials appropriately and include appropriate disclaimers and disclosures as required under applicable laws (including Infotech Laws), relevant industry body guidelines, and any other guidelines applicable to the sponsoring brands, products and services You are promoting, advertising or marketing.
By posting information on the BESOCIAL Platform or otherwise using any communications service, comments board, or other interactive service that may be available to You on or through the BESOCIAL Platform, You agree that You will not upload, share, post, or otherwise distribute or facilitate distribution of any Materials that breach the Content Guidelines including without limit:
is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another user’s privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company’s content guidelines, rules or policies;
harms minor in anyway or is grossly harmful, blasphemous; hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling;
victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis
belongs to another person and to which the user does not have any right to and/or infringes on any right of publicity, moral right, or other proprietary right of any party;
constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
impersonates any person or entity, including any of Our employees or representatives or deceives or misleads the addressee about the origin of such Content and/or messages or communicates any information which is grossly offensive or menacing in nature;
threatens the unity, integrity, defence, security or sovereignty of any nation, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation
You acknowledge that We neither endorse nor assume any liability for the Contents of any Material uploaded or submitted by third party users of the BESOCIAL Platform. We have no obligation to pre-screen, monitor, or edit the Content posted by users of communications services, comments boards, , or other interactive services that may be available on or through the BESOCIAL Platform. However, We may elect to pre-screen, monitor or edit any Content to the extent required to be in compliance with applicable laws and Company’s policies and guidelines. Additionally, We and Our agents have the right at Our sole discretion to remove any Materials that, in Our judgment, does not comply with these Terms and any other rules of user conduct for Our BESOCIAL Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that We are not responsible for any failure or delay in removing such Materials. You hereby consent to any such removal deemed appropriate by Us, and, You waive any claim against Us arising out of such removal of Materials and agree to indemnify and hold Us harmless from any and all claims asserted based upon such removal. See “Unauthorised Use of Materials/Content” below for a description of the procedures to be followed in the event that any party believes that Materials posted on the BESOCIAL Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.
If Company reasonably believes that any Material is in breach of these Terms, applicable laws, or any legal or contractual obligations of Company, or may cause harm to Company, its users, or third parties, it may remove or take down that Materials at its discretion, without any liability whatsoever.
You agree that We may, at any time and at Our sole discretion, terminate Your membership, account, or other affiliation with Our BESOCIAL Platform without prior serving any notice to You for violating any of the above Terms and associated provisions. Upon such termination, You agree that We may remove any and all Material or Content that You may have posted to Our BESOCIAL Platform. In addition, You acknowledge that We do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.
You understand that Company does not guarantee any confidentiality with respect to any Materials You submit. Subject to Our Privacy Policy, We treat all information, communication or Material that You transmit to the BESOCIAL Platform or to Us, whether by electronic mail, post, or other means, for any reason, as non-confidential and non-proprietary. By submitting any information to Us, You are placing the information in the public domain and hence, the information is deemed non-confidential.
For clarity, You retain all of Your ownership rights in Your Content. However, by submitting Content to Company, You hereby grant Company a worldwide, perpetual, non-exclusive, royalty-free, commercial use, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, re-brand, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the BESOCIAL Platform, Company’s (and its successors’ and Affiliates’) and/or its third-party partner’s and/or collaborator’s business including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels including without limitation on Company’s owned and/or operated content platforms, sites, and/or applications (collectively “Company Properties”). You also hereby grant each user of the Company Properties a non-exclusive license to access Your Content through the Company Properties, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Company Properties and under these Terms.
Subject to applicable laws including as per the Infotech Laws, at Our sole discretion, We may employ automated monitoring devices or techniques to protect Our users from mass unsolicited communications (also known as “spam”, other types of electronic communications that We deem inconsistent with Our business purposes, and/or content that is breaching our Content Guidelines and these Terms. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited content/ communications between parties. Regardless, You agree that We are not responsible for any legitimate Content, Materials and communication that is blocked, or for any unsolicited Content, Materials and communication that is not blocked. Company will not be responsible for any information shared between the users. Company will retain Your Materials, information and communications (including Your Registration Data, information collected pursuant to Your use of the BESOCIAL Platform, photos, videos and files) for internal quality monitoring purposes, content moderation and take down, or otherwise as required under applicable laws including the Infotech Laws.
USE OF PLATFORM
You agree and acknowledge that Company and the Platform is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be a strictly bipartite contract between you and the sellers/ merchants on the Platform.
You may not use any products available on the Platform for any illegal or unauthorized purpose;
Any fraudulent use of this Platform or applicable payment method to purchase the products from the Platform, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform and/ or the Platform or for any other unlawful act or omission in breach of these Terms;
That images and pictorial representations on the Platform may be enhanced for advertising purposes;
That You shall be responsible for checking the Content, product description and other related information; and
Your contract is with sellers/ merchants on the Platform and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
PROHIBITED USES:
We have built systems wherein we restrict merchants from offering to sell any prohibited items on the Platform. However, You understand and acknowledge that as a buyer it is also Your responsibility to ensure that at no point You purchase the following products on the Platform in the unlikely event that they are listed by the merchant:
Adult products and pornographic materials (including child pornography) in any form (print, audio/video, multimedia messages, images, photographs, etc.);
Alcohol;
Animals and wildlife products – examples include live animals, mounted specimens, and ivory;
Artifacts;
Counterfeit goods and services infringing the IP (as defined below);
Crude oil;
Electronic surveillance equipment prohibited by law;
Embargoed goods from prohibited countries;
Endangered species of animals and plants, whether alive or dead;
Event tickets which are exempted from resale by law;
Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns;
Any financial services;
Food and healthcare items without holding requisite permits;
Grey market products;
Government related items/ equipment (like wireless equipment with frequency used by the police, uniforms of Government officials including but not limited to the use by the police/ the Kenyan army, etc.)
Government issued documents like passports etc.;
Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants;
Human remains and body parts;
IP in any form (including but not limited to music, movies, books, designs) for which the Merchant do not hold the distribution rights;
Invoices and receipts (including blank and pre-filled);
Liquefied petroleum gas cylinder;
Lottery tickets;
Mailing lists and personal information;
Maps and literature where Kenyna external boundaries have been shown incorrectly;
Medicines, drugs and drug paraphernalia that require a registered medical practitioner’s prescription;
Narcotic drugs and psychotropic substances as defined under the Narcotic Drugs and Psychotropic Substances Act, 1985;
Offensive material which is likely to offend the sentiments of people whether on the grounds of religion, race, caste, sex or place of birth, race, ethnicity, or culture;
Radioactive materials;
Reptile skins;
Sex determination Kit as under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994;
Stocks and securities;
Real estate;
Radioactive materials;
Stolen property;
Tobacco;
Any other sanctioned or prohibited items or services as per applicable laws; and
Any other item deemed unfit by Company.
PRODUCTS
The Platform operates as a market place and merely provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Platform (“Products”). The Platform merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Platform reserves the right to terminate the services offered at any time to the Users without any notice
All Products exhibited on the Platform are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Platform disclaims any liabilities arising out of any discrepancies to this end. We do not warrant that the quality of any Products, information, or other material purchased or obtained by You from the Platform will meet Your expectations, or that any errors in the services will be corrected. The merchants will be solely responsible for the same.
the Platform hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any products, Services, information, or other material purchased or obtained by you through the Platform is not endorsed or supported by BESOCIAL and is the sole liability of the respective Seller. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
We reserve the right, but not the obligation, to limit the provision of the Platform and/or Platform to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Platform is void where prohibited.
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax (“GST”), duties and cesses as applicable – unless stated otherwise. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses etc.
We reserve the right at any time to modify or discontinue the services, the Platform and /or any part or content thereof without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the services, the Platform.
PAYMENT
Prices for Products are described on our Platform and are incorporated into these Terms by reference. All prices are in Kenyan Shillings( KES) .Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Platform.
The Platform does not charge any registration/membership or browsing fee. However, the Platform reserves the absolute right to alter the fee policy from time to time. In the event, the Platform alters its services, it may introduce new fees for such altered services. All such fees that the Platform may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Platform. All such fees charged by the Platform shall be in Kenyan Shillings. The Users continued use of the Platform shall be deemed as an acceptance of the amended terms and conditions.
the Platform may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Central Bank of Kenya for collection, refund and remittance and to facilitate payment between Users and Sellers. The Platform shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Platform and the Sellers.
While availing any of the payment method/s available on the Platform, the Platform will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
Any payment issues arising out of the transaction, or
Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
Decline of transaction for any other reason(s)
Not with standing anything contained herein, the Platform reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Platform is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
Every User hereby agrees to provide accurate information, such as credit/debit information for purchasing Products on the Platform. Every User further warrants that he/she shall not use payment information or instrument that is not lawfully owned by the User. The Platform shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. The Platform disclaims all liabilities arising out of loss of any information pertaining to the Confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these Terms, the terms and conditions of the bank or other financial institution shall also be applicable to every User. The Platform disclaims any liability arising out of declining of payment by such bank or financial institution.
The Platform may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Platform reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
The Platform is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Platform or Service Providers).
in delivery of a Product is expected, the Platform may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
The Platform shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Platform and/or the Seller.
However, in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Platform along with the Product.
In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers.
If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
Please note that dispatch estimates are just estimates. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
The Platform shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
PARTNER PLATFORMS
You hereby authorise and grant to Company all worldwide, perpetual rights necessary to use, reproduce, distribute, prepare derivative works of, display, modify (without changing the integrity of the Content), re-brand, publish, adapt, make available online or electronically transmit, and perform the Content on other partner platforms of Company. For clarity, such partner platforms may include third party owned platforms with whom Company may contractually secure the rights of the users hereunder and once the Content is transmitted to, shared with, provided to and given to any such third party, the Content shall be governed with the terms of use and privacy policy of such third party.
Company reserves the right to allow the usage, publication and distribution of Your Content on other partner platforms subject to the Content meeting the content guidelines and/ or technical specifications of such other partner platforms.
INTELLECTUAL PROPERTY:
Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Platform.
All IPR on the Platform exclusively belong to either the Platform or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Platform, a third party supplier or Seller during or pursuant to its use of the Platform for any purposes whatsoever.
All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of and/or its affiliates as the owner of such domain name.
The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
Every User hereby grants the Platform a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. BESOCIAL shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Platform or the thirty party owner of such Intellectual Property Right.
OPTIONAL TOOLS
We may provide You with access to third-party tools which We neither monitor nor have any control over nor do We provide any input. You acknowledge and agree that we provide access to such tools on an “as is basis” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the Platform is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Platform (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
UNAUTHORIZED USE OF MATERIALS/CONTENT
We view the removal or “take down” of Content from the BESOCIAL Platform as a significant step. Consequently, if You believe Your copyright has been infringed by a posting on the BESOCIAL Platform, We ask that You send us a written notification in the manner provided below. To be effective and to support immediate removal of the allegedly infringing Material or Content, Your notification to us needs to include the following:
Detailed identification of Your copyrighted or otherwise protected work that You believe has been infringed.
Identification of the specific Content or Material on the BESOCIAL Platform that You claim is infringing Your copyrighted or otherwise protected work identified in item #(a) above.
Your contact information (email address preferred).
Contact information for the owner/administrator of the allegedly infringing webpage or other Content (email address preferred).
You must also include the following statements in Your written notification:“I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
You must then sign Your written notification.
Finally, send the completed written notification to support@besocial.tv
TRADEMARKS AND COPYRIGHTS
Company, the Company logo and other Company trademarks, service marks, graphics, and logos used in connection with the BESOCIAL Platform are trademarks or registered trademarks of Company and/or its Affiliates in various jurisdictions. You are not granted any right or license with respect to any of the aforesaid trademarks and any use of such trademarks. Further, all copyright in and to the BESOCIAL Platform and/or to the extent stipulated herein, the Content is the copyright of Company and/or its licensors and Content providers. All such copyright and marks are protected under applicable copyright, trademark, and other domestic and international proprietary rights laws. Any violation of copyright and other proprietary laws may result in severe civil and criminal penalties, including monetary damages.
LIMITED WARRANTY AND DISCLAIMER
Any implied warranties including those prescribed by statute are expressly disclaimed.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BESOCIAL PLATFORM INCLUDING WITHOUT LIMITAITON THE PRODUCTS DELIVERED TO YOU THROUGH THE SERVICE IS PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. COMPANY, COMPANY’S LICENSORS, AND DEVICE PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY, COMPANY’S LICENSORS, AFFILIATES AND DEVICE PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE BESOCIAL PLATFORM; WILL MEET YOUR REQUIREMENTS; THAT THE BESOCIAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE BESOCIAL PLATFORM WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SERVICE OR THAT ANY ERRORS IN THE BESOCIAL PLATFORM WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY COMPANY, ITS AFFILIATES COMPANY’S LICENSORS AND DEVICE PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
BESOCIAL IS AN INTERMEDIARY PLATFORM IN ACCORDANCE WITH THE INFOTECH LAWS. WE ALLOW USERS TO ACESS AND USE CONTENT AND CONTRIBUTE MATERIALS, WHILE EXERCISING DILIGENCE TO THE EXTENT REQUIRED UNDER THE APPLICABLE INFOTECH LAWS. WE DO NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ACTIONS, OUTCOME, INFORMATION IN CONNECTION WITH THIS BESOCIAL PLATFORM OR THE CONTENT OR MATERIALS, NOR DO WE WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID, DISPLAYED, PROMOTED OR PROVIDED FOR IN THIS BESOCIAL PLATFORM, THE USER IS RESPONSIBLE FOR HIS/ HER OWN DECISIONS AND ACTIONS UNDERTAKEN INCLUDING WHILE PROVIDING ANY MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL COMPANY, ITS AFFILIATES AND/OR ITS AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS BE LIABLE FOR ANY INJURY, LOSS OF PROFITS, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, ACCESS, USE OR MALFUNCTION OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, DAMAGES TO PROPERTY, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES, PROPERTY DAMAGES OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT COMPANY, ITS AFFILIATES AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY’S, ITS AFFILIATES’ AND/OR ITS LICENSORS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED AN AMOUNT EQUIVALENT TO KENYAN SHILLINGS ONE HUNDRED. THESE LIMITATIONS OF LIABILITY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Nothing in these Terms shall limit or exclude Our liability for:
death or personal injury resulting from Our gross negligence.
fraud or fraudulent misrepresentation; and
any other liability that cannot be excluded or limited by applicable laws.;
TERMINATION
These Terms will terminate automatically if You fail to or Company suspects that You have failed to comply with its terms and conditions. In such event, Your BESOCIAL Platform may be disabled and You must cease using the BESOCIAL Platform, the Content and other Materials comprising the BESOCIAL Platform. Company reserves the right, without liability, to change, suspend, remove, disable or terminate access to the BESOCIAL Platform, Content and other Materials comprising the BESOCIAL Platform or certain areas or features of the BESOCIAL Platform, at any time for any reason (including without limitation to protect Our interests, on account of investigation for a suspected violation of these Terms or as a result of Us finding that a violation of these Terms has occurred), with or without notice. Company further reserves the right to change, modify, update, impose limits, deny or create different access to the use of the BESOCIAL Platform, the Content and Materials comprising the BESOCIAL platform and/or its features, or any part thereof, without prior notice provided however that Company will comply with all applicable privacy laws in implementing such changes.
INDEMNITY
You hereby agree to defend, indemnify and hold harmless Company, its Affiliates, licensors, third party partners, officers, directors, employees and agents, from and against any and all claims, damages, actions, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the BESOCIAL Platform, Content and any Materials comprising the BESOCIAL Platform; (ii) Your Materials contributed to the BESOCIAL Platform (iii) Your violation of any term of these Terms; (iv) Your violation of any terms and conditions, policies etc. accepted by You; and (v) Your violation of any third party rights.
This defense and indemnification obligation will survive these Terms and Your use of the BESOCIAL Platform.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by any act or event beyond Our reasonable control, including pandemics, epidemics, war, strikes, industrial action, lock outs, government lockdowns/ shutdowns, accidents, fire, blockade, terrorism or threat of terrorism, natural catastrophes, failure of public or private telecommunications networks ( “Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms: (a) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control; (b) We will use Our reasonable endeavours to find a solution by which Our obligations under these Terms may be performed despite the Event Outside Our Control.
