TERMS AND CONDITIONS:
House of Technology Company (“House of Technology”, “We” or “Our”) is pleased to provide this site as a service to You the user (“You” or “Your”). Please note that these Terms and Conditions of Use (the “Terms of Use”) apply to the House of Technology web site located at www.hotgroup.co.ke, and all associated sites linked to www.hotgroup.co.ke by House of Technology, its subsidiaries and affiliates. The Site is the property of House of Technology and its licensors.
Before You begin using any of the Sites, We urge You to carefully read this Agreement. The services and products offered through the Sites shall be provided subject to the terms of this Agreement. By accessing any of the Sites, You agree to be bound by the terms and conditions set forth below.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Please review the following terms of use, which govern Your use of any of the Sites (the “Agreement”).
Right to Modify or Terminate the Site:
We may modify or terminate this Agreement at any time. All modifications will be posted on Our website at www.hotgroup.co.ke. We urge You to review the Agreement periodically as posted on the Site to ensure You are aware of any updates and amendments to these terms and conditions. All modifications shall become effective as of the date they are posted to Our website and Your continued access or use of any of the Sites shall be deemed to be Your conclusive acceptance of the modified Agreement. As long as you comply with these Terms of Use, House of Technology grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Copyright, trade and service mark issues:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to House of Technology, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without House of Technology’s express prior written consent.
Your Use of the Site:
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. House of Technology reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any House of Technology server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of House of Technology, including any House of Technology account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or House of Technology’s systems or networks, or any systems or networks connected to the Site or to House of Technology.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to House of Technology on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes upon the rights of House of Technology or others.
Community Guidelines & User Content:
The Sites may contain comment sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which You may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for Your use of any Interactive Areas and You use them at Your own risk. By submitting User Content to an Interactive Area, You represent that You either own or otherwise control all of the rights to the applicable User Content that are necessary for You to post or upload such User Content to the Interactive Areas of the Sites.
If You submit any User Content or participate in an Interactive Area within or in connection with the Sites, You agree to abide by the following rules of conduct:
i. You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
ii. You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
iii. You agree not to upload, post or otherwise transmit any material that contains or advocates pornography or that is otherwise obscene or offensive to the online community;
iv. You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a crime;
v. You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
vi. You agree not to upload, post or otherwise transmit, without House of Technology’s express prior written approval, User Content which contains advertising or any solicitation with respect to products or services;
vii. You agree not to impersonate any person or entity, including, but not limited to, any House of Technology employee, or falsely state or otherwise misrepresent Your affiliation with any person or entity;
viii. You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about the Site’s users or posting private information about a third party;
ix. You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
x. You agree not to interfere with or disrupt any of the Sites;
xi. You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
xii. You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right; and
xiii. Any conduct that in Our sole discretion restricts or inhibits anyone else from using or enjoying any of the Sites or the services will not be permitted. We reserve the right in Our sole discretion to remove or edit User Content posted or uploaded by You and to terminate Your access to the Sites for any reason. We are not responsible for User Content submitted to the Sites by users of the Sites.
Monitoring: We have the right, but not the obligation, to monitor User Content posted or uploaded to the Sites to determine compliance with this Agreement and any operating rules established by House of Technology and to satisfy any law, regulation or authorized government request. Although We have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Sites, We reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Sites at any time and for any reason, and You are solely responsible for creating backup copies of and replacing any User Content posted to the Sites at Your sole cost and expense.
Guarantees:
We guarantee our clients and consumers support from our staff where necessary and product functionality of all our products and services.
Copyright Complaints:
House of Technology respects the intellectual property of others. If You believe that Your work has been copied in any way that constitutes copyright infringement, please contact us through our web site or by emailing us at info@hotgroup.co.ke.
Purchases:
All payments are due upon expiration of a free trial period of two consecutive weeks. If payment is not received or payment method is declined, the client or consumer forfeits the ownership of any products or services purchased. If no payment is received, no products or services will be delivered and accessed.
A monthly subscription for all Our products and services will be effected in 30-day intervals. These products and services include; but are not limited to; Live Chat, Global Customer, Safari, MyProf Book, Creative Campus and My World Mall.
Where House of Technology fails to provide access to products and services upon effecting payment, the client or consumer may repudiate the legally binding contract by removing his/her assigned unique code from the site and is entitled to a refund of the purchase price.
House of Technology may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and House of Technology makes no commitment to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.
Withdrawal of Products or Services:
A product or service may be withdrawn, up until payment has been processed. Once payment has been processed, the client may then receive access to the product or service.
Complaints:
Any complaints about our products or services may be sent to our support team via direct calls or our live chat platform. There is no guarantee of a resolution. Each case will be looked at individually.
Accounts, Passwords and Security:
Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify House of Technology immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by House of Technology or any other user of or visitor to the Site due to someone else using your House of Technology account or password or as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s House of Technology account or password at any time without the express permission and consent of the holder of that House of Technology account or password. House of Technology cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy:
House of Technology’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms and Conditions by this reference.
Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the House of Technology Site:
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under House of Technology’s control, and House of Technology is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Language:
These Terms of Use are in the English language only, which language shall be controlling in all respects, and all versions of this Agreement in any other language shall be for accommodation only and shall not be binding.
Section Headings:
The section heading of these Terms of Use are for convenience only and have no legal or contractual effect.
Disclaimers:
HOUSE OF TECHNOLOGY DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. HOUSE OF TECHNOLOGY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. HOUSE OF TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HOUSE OF TECHNOLOGY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HOUSE OF TECHNOLOGY SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST HOUSE OF TECHNOLOGY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
House of Technology reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability:
Except where prohibited by law, in no event will House of Technology be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if House of Technology has been advised of the possibility of such damages.
House of Technology disclaims any and all liability of any kind for any unauthorized access to or use of Your personally identifiable information. By accessing the Sites, You acknowledge and agree to House of Technology’s disclaimer of any such liability. If You do not agree, You should not access or use any of the Sites.
Indemnity:
You agree to indemnify and hold House of Technology, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against House of Technology by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use:
House of Technology may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) House of Technology’s rights or property, or the rights or property of visitors to or users of the Site, including House of Technology’s clients and consumers. House of Technology reserves the right at all times to disclose any information that House of Technology deems necessary to comply with any applicable law, regulation, legal process or governmental request. We may also disclose your information when House of Technology determines that an applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that We may preserve any transmittal or communication by you with House of Technology through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or We determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of House of Technology, its employees, users of or visitors to the Site, and the public.
You agree that House of Technology may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to House of Technology, for which monetary damages would be inadequate, and you consent to House of Technology obtaining any injunctive or equitable relief that We deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies We may have at law or in equity.
You agree that House of Technology may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If House of Technology does take any legal action against you as a result of your violation of these Terms of Use, We will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to House of Technology. You agree that House of Technology will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Miscellaneous:
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation, Kenyan export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and House of Technology with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and House of Technology with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with House of Technology, We will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. House of Technology’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by House of Technology of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between House of Technology and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information:
Any feedback you provide at this site shall be deemed to be confidential.
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