ACCEPTABLE USAGE TERMS
- Introduction 1.1 By accessing the ASSL website, web pages, or any part thereof for any reason whatsoever, the User agrees to the terms and conditions as set out below and the privacy statement of ASSL when accessing the website.
- Definitions 2.1 “Website” refers to www.assl.co.ke, operated and owned by Advanced Smart Solutions Limited, herein referred to as ASSL, including any page, part, or element thereof. 2.2 “ASSL” refers to Advanced Smart Solutions Limited, a company duly registered in accordance with Kenyan Company Laws with registration number CPR/2011/48460, including its subsidiaries, shareholders, and business units. 2.3 “User” means any individual who accesses or uses the ASSL website, irrespective of whether such an individual only visits the ASSL website home page.
- Acceptable Use 3.1 This website aims to provide Users with information regarding ASSL and the services it offers. ASSL does not guarantee the accuracy or correctness of any information published herein and shall not be liable for any losses resulting therefrom. 3.2 Content from the ASSL website may not be utilized or exploited by Users for any commercial or non-private purposes without the prior written consent of ASSL, which consent ASSL may withhold at its sole and absolute discretion. 3.3 Users are prohibited from using the ASSL website for: 3.3.1 illegal purposes; 3.3.2 harmful purposes; and 3.3.3 the creation, storage, and sending of unsolicited commercial communications. 3.4 In the event that any User uses content from the ASSL website in violation of the stipulations detailed herein, ASSL: 3.4.1 reserves the right to claim damages from the User; 3.4.2 reserves the right to initiate criminal proceedings against the User; and 3.4.3 shall not be held liable, in any manner whatsoever, for any damage, loss, or liability arising from the use of such content by the User or any third party who may have obtained consent from the User. 3.5 Hyperlinks to the ASSL website from any other source should be directed to the home page of the ASSL website. Links beyond the ASSL home page may be used only with ASSL’s prior written consent. 3.6 ASSL shall not be held liable, in any manner whatsoever, for any damage, loss, or liability arising from the use of content, products, or services available from the ASSL website if such content, products, or services were accessed through a hyperlink not directed at the home page of the ASSL website. Individuals wishing to link to pages beyond the home page of the ASSL website without ASSL’s prior written consent shall do so at their own risk and shall indemnify ASSL against any loss, liability, or damage that may result from the use of such hyperlinks. ASSL’s exemption from liability for deep linking is premised on the fact that deep links circumvent these terms and conditions. 3.7 Except for bona-fide search engine operators and the use of the search facility provided on the ASSL website by Users, no entity may use or attempt to use any technology or applications (including web crawlers, robots, or web spiders) to search, collect, or copy content from the ASSL website for any purpose whatsoever, without the prior written consent of ASSL. Modification and/or reverse engineering of any content on this website are strictly prohibited. 3.8 Email addresses, names, and telephone numbers published on the ASSL website may not be added to any database intended for electronic marketing or similar purposes. No permission, explicit or implied, is granted for using information on the ASSL website to transmit unsolicited communications to ASSL, in accordance with the Kenyan Data Protection Act 2019.
- Changes to these Terms of Use 4.1 ASSL reserves the right to revise and update these Terms of Use at its discretion without prior notice to the User. Continued usage of the Website by the User following any changes to these Terms of Use shall indicate the User’s acceptance of those changes.
- Intellectual Property Rights 5.1 All content, trademarks, and data on this website, including but not limited to software, databases, text, graphics, icons, logos, hyperlinks, private information, and designs, are the property of, or licensed to, ASSL. These elements are protected from infringement by both domestic and international legislation and treaties. Intellectual property rights on this site are explicitly reserved.
- Electronic Communications 6.1 Through the use of this website or communication with ASSL through electronic means, the User acknowledges that any agreements, notices, disclosures, or other communications meet legal requirements, including those specified in the Kenyan Communications (Amendment) Act, 2019.
- Changes and Amendments 7.1 ASSL retains the sole and absolute discretion to alter or amend any criteria or information presented on this website without prior notice or justification. 7.2 ASSL reserves the right to modify and amend the information provided, as well as the terms and conditions stated on this website, without further notice.
- Privacy Policy and Lawful Processing of Personal Information 8.1 ASSL is committed to safeguarding the personal information of Users in compliance with the Kenyan Data Protection Act 2019 and other relevant global data protection laws. 8.2 ASSL may collect, store, and use the following personal information of Users: 8.2.1 Full name 8.2.2 Identity number 8.2.3 Physical and postal address 8.2.4 Contact numbers 8.2.5 Non-personal browsing habits and click patterns 8.2.6 Email address; and 8.2.7 IP address.
8.3 ASSL collects, stores, and uses the aforementioned information for the following purposes: 8.3.1 Communicating requested information to the User; 8.3.2 Providing services as requested by the User; 8.3.3 Authenticating the User; 8.3.4 Granting the User access to restricted pages on this website; and 8.3.5 Compiling non-personal statistical information about browsing habits, click patterns, and access to the ASSL website.
8.4 The detailed information above is collected either electronically using cookies or is provided voluntarily by the User. Users may control cookie use through their browser settings. For the purposes of this clause, a “cookie” refers to a small computer file created by a web browser to store User information. Cookies are used to improve the ASSL website, including through “first party cookies” for tracking User visits and “third party cookies” for traffic analysis and tracking.
8.4.1 ASSL may collect, maintain, save, compile, share, disclose, and sell any information collected from Users, subject to the following conditions: 8.4.2 ASSL shall not disclose personal information from Users without their consent; 8.4.3 ASSL shall disclose personal information without the User’s consent only through due legal process; 8.4.4 ASSL may compile, use, and share information not related to any specific individual; 8.4.5 ASSL retains all rights to non-personal statistical information collected and compiled; 8.4.6 This clause serves as notification to the User that ASSL will collect the aforementioned personal information.
8.5 Information Sharing and Disclosure 8.5.1 ASSL may share personally identifiable information about the User with other companies or individuals under the following circumstances: 8.5.1.1 With the User’s consent; 8.5.1.2 As required to comply with the law.
8.6 Consent and Use of Information 8.6.1 By using this website, the User consents to: 8.6.1.1 ASSL and its commercial partners using the User’s personal information to periodically communicate with the User. Users may unsubscribe if they do not wish to receive such communications. 8.6.1.2 ASSL using the User’s information for general and statistical purposes.
- Agreements in Accordance with the Kenyan Communications (Amendment) Act, 2019 9.1 Information and data on this website do not constitute an offer to conduct business; they serve as an invitation to do business. 9.2 Agreements are not formed solely by sending a data message to this website or its owners. Valid agreements necessitate the written acceptance of a written offer by ASSL. 9.3 An email message is considered received by ASSL only upon a response issued from ASSL. An automated response does not fulfill this requirement.
- Search Technology 10.1 The use of search technology such as “web-crawlers” or “web-spiders” to retrieve information from this website is prohibited if it leads to server slowdown or infringes on copyright.
- Links to Third-Party Sites 11.1 ASSL may furnish links to other websites solely for User convenience. Inclusion of a link does not imply ASSL’s endorsement of such sites. 11.2 Linked websites or pages are beyond ASSL’s control, and ASSL disclaims responsibility or liability for the content, use, or access of linked websites or links within linked websites.
- Security of Information 12.1 ASSL takes reasonable steps to secure User information. 12.2 Users are prohibited from sharing their username and password with others. 12.3 Unauthorized access to information on this website or delivery of unauthorized, damaging, or malicious code is strictly prohibited. 12.4 Users shall not deliver or attempt to deliver damaging code, such as computer viruses, to the ASSL website or its supporting server and computer network. 12.5 Any person delivering or attempting to deliver unauthorized, damaging, or malicious code shall face criminal liability, and civil damages will be sought for any damage or loss suffered by ASSL.
- Disclaimer and Limitation of Liability 13.1 In accordance with the Communications (Amendment) Act, 2019, ASSL is not liable for any damage, loss, or liability arising from the use or inability to use this website or its services. ASSL disclaims all implied or explicit warranties regarding the content and technology available on this website. 13.2 This website is provided on an “as is” basis to the extent allowed by law and has not been created or provided to meet individual User requirements. Users are responsible for assessing whether the service offered on this website meets their personal requirements and is compatible with their hardware and software. 13.3 Information, ideas, and opinions expressed on this site do not constitute professional advice or ASSL’s official opinions. 13.4 Neither ASSL nor any of its agents or representatives shall be liable for any damage, loss, or liability arising from the use or inability to use information and services on this website.
- Offensive Email Content 14.1 ASSL’s employees and Users are subject to policies preventing offensive email content, including obscuring identity, harassment, offensive remarks, and unlawful communication. 14.2 ASSL is not liable for emails sent by Users in breach of these provisions. Breaches can be reported to wtirus@assl.co.ke.
- Severability 15.1 If any term or condition of this website’s use is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain unaffected and enforceable.
- Applicable and Governing Law 16.1 This website is hosted, controlled, and operated from the Republic of Kenya; therefore, Kenyan Law governs its use and these terms and conditions.
- Domicilium Citandi Et Executandi 17.1 For inquiries or requests to use any part of this website, including linking, framing, or searching, contact ASSL at: Address: P.O. Box 101136 – 00101 Nairobi, Kenya. Attention: Team Lead Email: wtirus@assl.co.ke
- General 18.1 No indulgence granted by ASSL shall waive or limit ASSL’s existing or future rights unless explicitly stated in writing. These terms are designed to protect ASSL’s interests while ensuring compliance with the Kenyan Data Protection Act 2019 and other relevant global data protection laws, including GDPR for users accessing content outside Kenya.
