Terms And Conditons
These Terms of Service the(the Agreement) govern your use of the website and/or any other services provided by Matrevic Investments Ltd.
By accessing, using or registering as a visitor or user of any of the Services, you (Customer) conclude to a legally binding agreement with the Company based on the terms of this Agreement.
As such, you agree that you have read, understood, and accepted and agreed to be bound by
the Agreement and all terms, policies and guidelines incorporated into the Agreement by reference
(including the Privacy Policy and the Data Processing Agreement which can be found below or in the privacy policy page in our website).
If you do not agree with the terms of this Agreement, you do not
have permission to use any of the Services. The Company may update this Agreement from time to time and
Customers will have 30 days to reject the updated terms by providing written notice to the Company.
If the Customer continues to use or receive the Service following such period, the updated Agreement will be deemed accepted.
Rights for Use. The Service includes the right to use the services offered by Matrevic Investments .The Company grants you access as part of the Service and any program updates provided as part of the Service.
Accounts Security.
Access to or use of certain portions and features of the Service may require you to
create an Account and the Customer states that all information provided is current, accurate, complete, and not misleading. Customers further state that he or she will maintain and update all information provided by it to ensure accuracy on a prompt, timely basis.
The Customer is entirely responsible for maintaining the confidentiality and security of his/her account(s), including their password. Accounts are not transferable. The Customer agrees to promptly notify the Company if he/she becomes aware of suspicion of any unauthorized use of its accounts, including any unauthorized access or attempted access. The Customer is responsible for all activities that occur under their account(s). Further, the Customer is the primary account
holder and is responsible for all charges made by additional users added to their accounts.
In accessing or using the Service, the customer will not:
Resell, lease, encumber, sublicense,distribute, publish, transmit, transfer, assign or provide such access or use to any third party in any medium whatsoever
Devise specifications from, reverse engineer, reverse compile, disassemble or create derivative works based on the Service
Apply systems to extract or modify information in the Service using technology or method such as those commonly referred to as “web scraping, data scraping or screen scraping
Knowingly input or post through or to the Service any content that is illegal, threatening, harmful, lewd, offensive, or defamatory or that infringes the intellectual property rights, privacy rights or rights of publicity of others
Store data on the Service that is regulated by the HIPAA Privacy Rules or the PCI Data Standards.
Input or transmit through or to the Service any virus,worm, Trojan Horse, or other mechanism that could damage or impair the operation of the Service or grant unauthorized access thereto
Use or access the Service for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes or
causes, assist, allow or permit any third party (including an end-user) to do any of the foregoing;
use the Service to compete with Company in any way; or
permit any third party to use or access the Service other than your direct employees or contractors who are acting on your behalf.
The customer agrees that the Company may install software updates, error corrections, and software upgrades to the Service as the Company deems necessary from time to time. All such updates, error corrections and upgrades will be considered part of the Service for purposes of this Agreement.
Applicable Laws.Customer’s access to and use of the Service is subject to all applicable international and local laws and regulations. Customers may not use the Service for any personal information or Customer Content in violation or to violate any law, rule or regulation. Ensuring Customer’s use of the Service is compliant with applicable laws is the responsibility of the Customer.
Prohibited Products/ Services Matrevic Invoices does not allow the merchant to use our payment gateway to offer products or services that are considered prohibited by law or contravene the intellectual prperty rights of third parties. The Transaction processor will not support the following products and services 1. Adult content and pornography 2. Alcohol and Drug products 3. Firearms or Ammunition 4. Hazardous materials, Combustibles, Corrosives 5. Online betting and gambling 6. Money laundering 7. Instances, where in our discretion, the Merchant is using deceptive or misleading marketing prices or selling products or services with unsabstantiated claims. Suspension of Service.The company has the right to immediately suspend the Service:
In order to prevent damage to or degradation of the Service or unauthorized or non-compliant use For operational reasons such as repair, maintenance, improvement or because of any Emergency.
If, following notice from Company, Customer has failed to pay any amounts due and owing. In the case of (a) or (b)
Company will give Customer prior notice if reasonable and will ensure that the Service is restored as soon as possible after the event given rise to suspension has been resolved to Company’s reasonable satisfaction.
Data Licenses.Customer Content as between the Company and Customer, all title and intellectual property rights in and to all electronic data or information submitted to and stored in the Service that is owned by the Customer.
The Customer acknowledges and agrees that in connection with the provision of the Service, the Company may store and maintain Customer Content for a period of time consistent with Company’s standard business processes for the Service.
Following expiration or termination of the Agreement of a Customer account, if applicable, the Company may deactivate the applicable Customer account(s) and delete any data therein.
Customer grants Company the right to host, use, process, display and transmit Customer Content to provide the Service pursuant to and in accordance to this Agreement and the applicable Order Form.
The Customer has sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of Customer Content, and for obtaining all rights related to Customer Content required by the Company to perform the Service.
Aggregated Data.Customer agrees that, subject to Company’s confidentiality obligations in this Agreement, the Company may
capture data regarding the use of the Service by Customer and its end user collect metrics and data included in Customer Content, and aggregate and analyze any metrics and data collected pursuant to subsections (a) and/or (b) of this sentence (collectively, the Aggregated Data).
The Customer agrees that Company may use, reproduce, distribute and prepare derivative works from the Customer Content, solely as incorporated into Aggregated Data, provided that under no circumstances will Company use the Aggregated Data in a way that identifies Customer or its users as the source of the data.
Third-Party Services.Third-party technology and services may be linked or integrate with the Service. You should contact the service administrator or webmaster for a Third-Party Service(s) if you have concerns regarding such Third-Party Services.
We are not responsible for and have no control over the content of any Third-Party Services and do not make any representations regarding the content or accuracy of any materials on such Third-Party Services.
Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that the Company is not liable for any loss or claim that you may have against any such third party.
You represent and warrant that you agree to and will not violate the applicable terms and conditions of any Third-Party Services. The company is not responsible for the accuracy, availability or reliability of any information, content, products, data, opinions, advice or statements made available in connection with the Third party services.
As such, company will not be liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Third-party services, except as expressly permitted in this Agreement or as otherwise agreed by Company in writing.
The Customer is prohibited from linking to the Service, framing of all or any portion of the Service, and the extraction of data from the Service. Company reserves the right to disable any unauthorized links or frames.
Intellectual Property.Proprietary Rights. Company’s intellectual property, including, without limitation the Service, its trademarks and copyrights and excluding any Customer Content contained therein, and any modification thereof and will remain the exclusive property of the Company and its licensors.
No licenses or rights are granted to Customers except for the limited rights expressly granted in this Agreement.
Feedback.Customer agrees that advice, feedback, criticism, or comments provided to Company related to the Service are given to Company and may be used by Company freely and without restriction and will not enable Customers to claim any interest, ownership or royalty in Company’s intellectual property.
Payment.You agree to pay Company the subscriptions fees, and any other applicable fees, for the subscription you selected as specified on the Company’s site during the subscription plan process.
All subscriptions fees will be automatically billed to your credit card, charge card or other payment method. Customer hereby authorizes all such charges. Fees are charged in advance on a monthly or annual basis depending on the type of subscription plan you select when purchasing a subscription.
In the event you fail to pay any amount when due, the Company may immediately suspend or terminate this Agreement and your access to the Service. If overdue payments are not received, in addition to all other remedies that maybe available: The Company may charge, and Customer agrees to pay, a late charge equal to the greater of one and one-half percent (1.5%) per month or the maximum amount allowed by law,calculated daily and compounded monthly, on any amount that is not the subject of a good faith dispute that is unpaid on the due date, and on any other outstanding balance; and Customers shall reimburse the Company for all reasonable costs incurred by the Company in collecting any late payments or interest, including attorneys’ fees, court costs and collection agency fees.
All fees are non-cancelable and non-refundable for the entire Term. There will be no refunds or credits for partial use of the Service, upgrade/downgrade refunds nor refunds for months unused with an active account.
Customer is responsible for all Fees of any Renewals relating to your Account until such time as your Account or these terms are terminated as specified herein.
Term and Termination.Term.
This Agreement will be effective as of the stated date of the subscription plan order (Effective Date) and remain in effect until: the term of the subscription plan expires or terminated by the Company as permitted by this Agreement.
Termination.The Company may terminate this Agreement, and/or any subscription plan, at any time,with or without cause. Effects of Termination—Upon the expiration or termination of this Agreement for any reason:
Customer will immediately cease using the Service upon request, each party will return or destroy all Confidential Information of the other party, provided, that each party may retain one copy of the Confidential information of the other party as necessary to comply with applicable law or its records retention or archival policies or practices (and such retained Confidential Information will remain subject to the non-disclosure obligations in this Agreement) and any unpaid, undisputed amounts due through termination will become immediately due and payable.
Survival.Any provisions of this Agreement that expressly, or by implication, are intended to survive its termination or expiration will survive and continue to bind the parties, including without limitation provisions relating to confidentiality, representations and warranties, indemnification, limitations on liability, intellectual property, and Customer’s payment obligations under this Agreement.
Confidential Information.Confidential Information means any information disclosed by one party to the other whether orally or in writing that is designated as confidential or that reasonably should be understood by the receiving party to be confidential, notwithstanding the failure of the disclosing party to designate it as such.
Confidential Information may include information that is proprietary to a third party and is disclosed by one party to another pursuant to this Agreement. The Service, all features and functions thereof and related pricing and product plans will be the Confidential Information of the Company.
Non-Disclosure.Each party agrees to maintain the confidentiality of the other party’s Confidential Information with the same security and measures it uses to protect its own Confidential Information of a similar nature (but in no event less than reasonable security and measures) and not to use such Confidential Information except as necessary to perform its obligations or exercise its rights under this Agreement.
The receiving party may disclose Confidential Information of the disclosing party to those employees, officers, directors, agents, affiliates, consultants, users, and suppliers who need to know such Confidential Information for the purpose of carrying out the activities contemplated by this Agreement and who have agreed to confidentiality provisions that are no less restrictive than the requirements herein.
Such parties will be responsible for any improper use or disclosure of the disclosing party’s Confidential Information by any such parties. Except as expressly permitted by this Section, the receiving party will not disclose or facilitate the disclosure of Confidential Information of the disclosing party to any third party. The restrictions in this Section shall continue until such time as the information is covered by an exclusion set forth below.
Exclusions.The receiving party will have no obligation under this Section with respect to information provided by the disclosing party that: is or becomes generally available to the public other than as a result of a breach of this Agreement by the receiving party Is or becomes available to the receiving party from a source other than the disclosing party, provided that such source is not known to the receiving party to be bound by an obligation of confidentiality to the disclosing party with respect to such information, was in the receiving party’s possession prior to disclosure by the disclosing party, or is independently developed by the receiving party without reference to the Confidential Information.
Further either party may disclose Confidential Information: as required by any court or other governmental body or as otherwise required by law, or as necessary for the enforcement of this Agreement or its rights hereunder.
Disclaimers.Company does not warrant that the service will be performed error-free or uninterrupted, that company will Correct all errors or that the service will meet customer's requirements or expectations.
Company is not responsible for any issues related to the performance, operations or security of the service that arise from the customer content or Third-party applications or services.
The Company expressly disclaims (To the greatest extent permissible under applicable law) all other warranties express implied, statutory or otherwise relating to the subject Matter of this agreement, including without limitation, any warranties of merchantability, title or fitness for a particular purpose.
Limitation of Liability.In no event will company or its affiliates be liable for any indirect, consequential, incidental, special, punitive or exemplary damages of any kind of nature arising out of this agreement or the service including without limitation, any cost to cover procurement of substitute goods or services (which the parties agree will not be considered direct damages), or any loss of revenue, profits, sales, data, data use Goodwill or reputation.Company's maximum liability arising out of or related to the service or this agreement will be limited to the amount of fees customer has paid to company in the one month prior to the event(s) giving rise to such liability.
The limitations set forth in this section apply regardless of the legal theory on which a claim is brought, even if the company has been notified of the possibility of damage or if such damage could have been reasonably foreseen and notwithstanding any failure of essential purpose of any exclusive remedy provided in this agreement.
Exclusions.As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. The laws of Kenya may apply to certain products and services provided.
Indemnification.Customer agrees to defend and indemnify Company and its affiliates from and against any legal action, demand, suit, or proceeding brought against the Company or its affiliates by a third party arising out of or related to Customer’s breach or alleged breach of this Agreement or Customer’s use of the Service.
Publicity.Customer hereby consents to Company identifying Customer as a customer by name and logo in Company’s promotional materials, subject to Customer’s right to revoke such consent in writing at any time. Upon such revocation, the Company will have 30 days to process the Customer's request.
Assignment.Customers may not assign or transfer this Agreement or any of its rights or obligations hereunder in whole or in part without the prior written consent of the Company.
Subject to the foregoing, this Agreement will ensure to the benefit of, be binding upon, and be enforceable against each of the parties hereto and their respective successors and assigns.
NoticesAny notice required under this Agreement will be provided to the other party in writing. If Customer wishes to provide notice to Company, Customer will send notice via email to: info@matrevicinvestments.com.
Company will send notices to one or more contact(s) on file for Customers. Notices from Company, other than for a breach of this Agreement may be provided within the Service. Attorney’s FeesIn the event any proceeding or lawsuit is brought in connection with this Agreement, the prevailing party in such proceeding will be entitled to receive its reasonable costs, expert witness and attorneys’ fees.
Relationship of the Parties.This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.
No Third Party Beneficiaries.This Agreement is being entered into for the sole benefit of the parties hereto, and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever.
Equitable Remedies.Each party acknowledges and agrees that: a breach or threatened breach by such party may give rise to irreparable harm to the other party for which monetary damages may not be an adequate remedy; and
If a breach or threatened breach by such party occurs, the other party will in addition to any and all other rights and remedies that may be available to such other party at law, equity or otherwise in respect of breach, be entitled to seek equitable relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security.
Force Majeure.Neither party will be liable under this Agreement for any failure or delay in the performance of its obligations (except for the payment of money) on account of strikes, shortages, riots, insurrections, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond the reasonable control of such a party.
Limitation of Claims.No legal proceedings, regardless of form, arising under or relating to this Agreement may be brought by Customer more than six months after it first has actual knowledge of the facts giving rise to the cause of action.
Export Compliance.Customers must comply with Kenyan, foreign and international laws and regulations, including without limitation, the Kenya Export Administration Regulations and the Kenya office of Foreign Asset Control regulations, and other anti-boycott and import regulations.
Such export laws govern use of the Service including technical data and any Service deliverables provided under this Agreement and Customer agrees to comply with all such laws and regulations (including deemed export and deemed re-export regulations).
The Customer is responsible for ensuring that no data, information, software programs and/or materials resulting from the Service (or direct product thereof) will be exported directly or indirectly in violation of these laws.
Customer will indemnify the Company for any violation by Customer of any applicable export controls or economic sanctions laws and regulations.
Governing Law, Jurisdiction and Venue.This Agreement will be governed by and construed in all respects in accordance with the laws of Kenya, without regard to its conflicts of laws principles.
Severability, Waiver and Amendment.If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable or invalid, such provision will be changed and interpreted as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
No waiver of any term or right in this Agreement will be effective unless made in writing and signed by an authorized representative of the waiving party.
Any waiver or failure to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Except to the extent, otherwise expressly provided in this Agreement may only be amended in writing signed by both parties hereto.
PrivacyAny personal information collected in the course of Customer’s use of the Service will be governed by the Company’s Privacy Policy, which is available at: Privacy policy
Terms for Additional ServicesThe use of certain Additional Services are subject to and governed by additional terms of service (i.e. the Specific Additional Service Terms, noted in the recitals at the beginning of this agreement).
If you use any of the services listed immediately below, the linked Specific Additional Service Terms apply. In the event such additional or specific terms are inconsistent with the Specific Additional Service Terms will control.
Payments by Matrevic InvoicesIf you do Payments using Matrevic Invoice services through our website, or API, these terms apply.
If you connect your bank account to Matrevic Invoices for payments, you are bound by this agreement with our bank connection provider.