Service Terms & Conditions

Terms of Use for the Exbit WiFi Service

The Service

Exbit WiFi (the “Service”) is a data connectivity service provided by Exbit Connect Limited (“Exbit”). The Service provides data connectivity for compatible WiFi-enabled smartphones, tablets, laptops, and other devices (each a “Device”). Devices connect via WiFi access points (“Access Points”) to access the Exbit data communication network (“Exbit Network” or “Network”) which provides transit of data to the Exbit data center (“Local Transit”) and then onward interconnection with other third-party networks in order to access the wider Internet (“Internet Service”). Exbit may also offer you an optional extension of the Service (“Premises Service”) that provides the ability to access the Service in your home or place of business (“Premises”) using telecommunication equipment (“Router”) installed in the Premises.

The Terms and Conditions of this Service and any other rules or policies posted on the Web Site or referred to in this Agreement set forth the legally binding terms governing your use of the Service (“Agreement”).

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICE AS IT FORMS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND EXBIT. IF YOU DO NOT AGREE TO THIS AGREEMENT AND TO BE BOUND BY ALL THE TERMS AND CONDITIONS IT CONTAINS, YOU MAY NOT USE THE SERVICE.

BY CREATING AN ACCOUNT, AS DEFINED BELOW, AND/OR USING THE SERVICE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE.

Service Registration

To use the Service and become a user, you must first create a user account (“Account”) by registering for the Service on the login page of the Exbit Portal, a website provided to users of the Service, or on www.exbitconnect.co.ke (both collectively the “Web Site”) or using the Application.

When creating an Account, you must provide complete information, including but not limited to your mobile phone number and other personal information as required by Exbit (collectively “Information”). You represent and warrant that: (a) all Information that you provide is accurate; and (b) you will update the Information as necessary to maintain its accuracy. When registering, you will be asked to create a username and secure password. Your username and password are used to access your account information as well as provide you access to the Exbit Network, Access Points, and Router (if applicable). The username and password which you select shall remain the sole property of Exbit, and you will have no right or title in and to your username or password. You will be able to update and change your Account information, including your password, upon accessing the Web Site. You can also reset your password via the Web Site. You are solely responsible for maintaining the confidentiality of your username and password and will not share them with other parties. Further, you agree that you will not use the username and/or password of any other person. You agree to notify Exbit immediately if you suspect that your Information has been compromised or if you suspect any unauthorized use of the Service, your username, and/or password. Notwithstanding, you agree that you are solely responsible for any fees accrued by use of the Service attributed to your Account.

Service Usage

You will need to connect your Device wirelessly to an Access Point. Exbit may from time to time publish the location of Access Points but does not guarantee that an Access Point will be available in any specific location. It is your responsibility to ensure that your Device is compatible with the Service and Access Points. You agree that you are solely responsible for any fees associated with the use of the Service on your selected Device(s). Exbit may supply you with a software application to enable access to the Service from your Device (“Application”). If an Application is supplied, then Exbit may require that you must install the Application in order to access the Service. Further, you must install all updates of the Application within thirty (30) days after their published date, or you may lose access to or certain functionality of the Service. Exbit reserves the right, and you agree to allow Exbit to automatically download updates of the Application to your Device(s) as needed. From time to time, and in Exbit’s sole discretion, Exbit may need to temporarily suspend the Service in order to perform various updates or maintenance of the Service. Where possible, Exbit will notify you in advance of such update or maintenance using the Web Site or Application.

Any bandwidth speeds quoted in relation to the Service are for the Local Transit from an Access Point or Router (as applicable) via the Exbit Network to Exbit’s Data Centre. Local Transit may be contended between you and other users of the Service. Because of this, you may receive bandwidth speeds that differ from those advertised depending on the volume of users of the Exbit Network. In addition, the Internet Service is contended by all users of the Service. By using the Service, you agree that both the Local Transit and the Internet Service may be contended, recognize that the delivered bandwidth for Local Transit may not be the same as quoted speeds, and agree that the contention of the Local Transit and Internet Service may be different from each other. In addition, the performance of the Internet Service is dependent on factors beyond Exbit’s control, including, but not limited to, which Internet hosts you access, the distance that data has to transit across the Internet, and the performance of third-party networks. Any representation by anyone, including Exbit’s agents, to the contrary is not valid.

Premises Service

Exbit, at its sole discretion, may decide to offer you an optional service (“Premises Service”) that extends the Service and provides access to the Service using Devices in your home or place of business (“Premises”).

In order to use the Premises Service, you must have registered to use the Service, including creating an Account. The Premises Service is an extension of the Service, and all the terms and conditions that apply to your use of the Service shall also apply to the Premises Service. In addition, the following terms will also apply:

• You will agree to receive and use the Premises Service by completing an application form and placing an order (“Order”). The application form may be electronic and hosted on the Web Site. Following placing an order, you will be required to make payment for the installation of the Router (see below) and purchase a Premises Bundle for use of the Premises Service. You will deposit sufficient credit in your Account and make the necessary purchase(s) via the Web Site (as set out in Payments and Charges below). If you do not make the necessary payments and purchases within 1 day of placing an Order, then Exbit, at its discretion, may cancel your Order. If, after you place an Order, Exbit, at its sole discretion, concludes that it is not technically viable to install the Router in your Premises or to make the Premises Service available to your Premises, then it shall cancel the Order and refund any payment or purchases you have made in relation to the Premises Service.
• For the duration of the time which you use the Premises Service, Exbit will rent you a Router. The Router will consist of several pieces of electronic equipment, associated cabling, and software that will be installed by Exbit in your Premises. The Router will be connected to the Exbit Network. When in your Premises, your Devices shall connect to the Service through the Router. At all times, the Router will remain the property of Exbit, and your use of the Router does not confer any right of title to the Router. Should you no longer use the Premises Service (as defined below), then you should return the Router to Exbit or use reasonable efforts to allow Exbit or its appointed agents to recover the Router, including, but not limited to, allowing Exbit and its agents access to your Premises.
• You shall, at your own expense, to facilitate the installation and use of the Router at your Premises:
  • Obtain all necessary consents, wayleaves, rights of way, including consents for any necessary alterations to buildings where your Premises are located;
  • Provide a suitable environment, accommodation, and foundations, including all necessary trunking, conduits, and cable trays in accordance with the relevant installation standards;
  • Take up or remove any fitted or fixed floor coverings, ceiling tiles, suspended ceilings, and partition covers as Exbit advises are necessary, and carry out afterwards any making good or decorator’s work required;
  • Provide any electricity and connection points required by Exbit; and
  • Carry out all other preliminary works, including as are communicated to you by Exbit as required to be in place prior to any installation of the Router and its connection to the Exbit Network.
• Exbit will notify you of when it intends to install the Router. If you are not able to provide access to the Premises at that time, you should notify Exbit, and Exbit will provide an alternative installation time. If Exbit is unable to gain access to the Premises at the notified time, Exbit will notify you and attempt to gain access two further times. If, after the third attempt, Exbit is unable to gain access, Exbit may, at its discretion, refuse to install the Router, and any purchases in relation to the Premises Service will not be refunded.
• Exbit may provide you with assistance to facilitate the operation of the Router and the connection of your Devices to the same. You shall be deemed to have consented to accept any such assistance upon giving Exbit access to your Premises. Exbit shall provide such assistance in a professional and workmanlike manner; however, at no time shall Exbit be liable to you or any third party for damages, costs, expenses, or losses howsoever they may occur in the process of providing such assistance.
• To enable Exbit to carry out its obligations under this Agreement or to recover any Router from the Premises, you shall provide Exbit employees and anyone acting on Exbit’s behalf access to your Premises. Exbit will normally only require access with your prior agreement or at your request but may, from time to time, request access at other times if Exbit reasonably believes that your installation is interfering with the Exbit Network as a whole or parts of the Exbit Network, or in order to recover Exbit Equipment subject to the terms of this Agreement.
• Exbit employees and anyone acting on Exbit’s behalf will observe your reasonable site access regulations as advised by you during the site visit.
• Exbit shall use reasonable endeavors to meet any agreed delivery dates for the supply and installation of the Router and provision of the Premises Service. Time will, however, not be of the essence with regard to such supply, and Exbit will not be liable for any costs and expenses incurred by you or any third party as a consequence of such delay.
• Exbit may, without your consent, employ the services of a subcontractor to install, maintain, or uninstall the Router and undertake any works thereto.
• Exbit provides you with the Router to assure compatibility with the Exbit Network. You must not in any way interfere, alter, or modify the Router or any embedded software supplied as part of the Router nor allow anyone (other than an authorized Exbit representative) to do so.
• Exbit may provide you with a Router of varying capabilities based on your order, your location, and the technical requirements to provide the Premises Service in your Premises.
• If you decide or are required to vacate your Premises at any time, you should notify Exbit and give Exbit access to the Premises in order to recover the Router.
• You agree to be fully responsible for the good care of the Router during the term of this Agreement and to immediately notify and cooperate for the uninstallation and recovery of the equipment by an authorized Exbit agent upon stopping use of the Premises Service or the termination of this Agreement as provided herein, including allowing Exbit access, without delay, to your Premises to uninstall and recover the Router.
• You are responsible for the care and safety of the Router and must not add to, modify, reverse engineer, decompile, or in any way interfere with the Router or any embedded software supplied as part of the Router nor allow anyone (other than an authorized Exbit representative) to do so.
• The Router may, at Exbit’s discretion, also function as an Access Point enabling others to access the Service. The WiFi signal to provide this capability will be discrete from the methods that you use to connect your Devices to the Service via the Router. By using the Premises Service, you consent to Exbit using the Router to also function as an Access Point.
• You are responsible for ensuring that any Devices connected to the Router or otherwise used to access the Service must be technically compatible with the Router and the Premises Service and shall be connected and used in accordance with such reasonable instructions, safety, and security procedures as may be advised by Exbit from time to time.
• The Premises Service is for your personal use. You will not use the Router in order to provide access to the Exbit Network or Internet Service to third parties. You will not resell access to the Exbit Network or Internet Service using the Router.
• You shall be liable to Exbit for any loss of or damage to the Router, except where such loss or damage is due to fair wear and tear or is caused by Exbit, or anyone acting on Exbit’s instructions.
• You recognize that you have no right, title, or interest in the software contained in the Router.
• Exbit accepts no liability for any loss suffered by you or any third party as a result of your misuse of the Router or for any accidental damage.
• You shall immediately notify Exbit of any fault, damage, loss, or theft of any Router, and you shall be responsible for its replacement costs at the prevailing retail costs of the equipment. Such replaced Router shall remain the property of Exbit.
• Without prejudice, Exbit shall only be responsible for the replacement of the Router in the case of manufacturer’s defects covered by Warranty. Exbit shall use reasonable endeavors to extend to you the benefit of any warranty as may be provided to Exbit (subject to any limitations and restrictions thereon) by the manufacturers of such Equipment, provided that any expense reasonably incurred by Exbit in extending such benefit shall be levied to your account and payable by you.
• Save for the above, all conditions or warranties in relation to the Router are excluded to the fullest extent provided by law, including but not limited to any warranties and conditions expressed or implied by statute. Any warranty in relation to the Router will be deemed null and void should any damage or failure be as a result of failure to protect the Equipment by use of appropriate uninterruptible power supply or power surge systems, or as a result of any misuse of or tampering or interference with the Router or Exbit Network by you.
• You must have an active Premises Service Bundle in order to use the Router to access the Premises Service. If you have not had an active Bundle for a period of 7 days or more, Exbit may deem you to have stopped using the Premises Service and, at its discretion, will begin the process of recovering the Router. If Exbit is unable to recover the Router, it may, at its discretion, charge you a fee equivalent to the retail price of the Router.

Exbit Rewards

Exbit, at its sole discretion, may decide to offer you an optional service (“Exbit Rewards”) that provides you with free Credit Vouchers (“Rewards”) in exchange for you performing certain actions (“Reward Actions”) designed to promote the use of the Service.

In order to use the Exbit Rewards, you must have registered to use the Service, including creating an Account. The Exbit Rewards is an extension of the Service, and all the terms and conditions that apply to your use of the Service shall also apply to the Exbit Rewards. By performing any Reward Action or accepting a Reward, you confirm that you want to use the Exbit Rewards service and accept that the following additional terms will also apply:

• A list of Reward Actions and associated Rewards will be made available via the Web Site or Application.
• Exbit will deem, at its sole discretion, whether you have successfully completed any Reward Action and whether you should receive the associated Reward.
• Exbit may modify, add, or remove any Reward Action and the associated Rewards at any time and with no notice to you.
• Exbit may, at its sole discretion, decide to withdraw your access to Exbit Rewards at any time.
• Exbit may, at its sole discretion, decide to withdraw the Exbit Rewards service at any time.
• Exbit may offer you different Rewards for performing Reward Actions from other users of Exbit Rewards.
• Exbit may require that you download, install, and maintain the Application on your Device(s) in order to use Exbit Rewards, perform Reward Actions, and receive Rewards.
• The Credit Vouchers that you receive as Rewards can be used to purchase Bundles (see Payments and Charges) at the prevailing rate. If you do not use a Credit Voucher issued as part of a Reward to purchase a Bundle within 30 days of issuance, then Exbit, at its discretion, may cancel the Credit Voucher, and you agree to forfeit any benefit that you may have received from the voucher.

Service License

Subject to the terms of this Agreement and during the term of this Agreement, Exbit hereby grants you a non-exclusive, non-transferable, terminable right to install the Application (if so supplied) and use the Service on up to five (5) Devices for your own personal use. You acknowledge that the Application, Router, Premises Service, Service, Exbit Rewards, Web Site, and its related software contain the valuable secrets of Exbit, and you agree not to cause or permit the reverse engineering, translation, disassembly, or decompilation of, or otherwise attempt to derive the source code of, the Service and its software, whether in whole or in part. You will not use, reproduce, modify, prepare derivative works of, distribute, sublicense, loan, sell, or otherwise transfer the Service and its software in any manner or for any purpose except as expressly permitted herein. Exbit will retain all title, copyright, and other proprietary and intellectual property rights in and to the Service, Web Site, and its software, and any other technology, services, or materials that Exbit may provide to you hereunder or in conjunction with the Service. All rights in and to the foregoing not expressly granted to you in this Agreement are reserved by Exbit. In particular, but without limiting the generality of the foregoing, no right to or license in the source code for the Service and its software is granted hereunder. You will not obfuscate, alter, or remove any copyright, trademark, or other proprietary notice or legend on or in the Service and its software. Further, you agree that you will not: (1) resell any part of the Service; (2) share your Service connection with anyone unless permitted under your price plan or expressly permitted by this Agreement; or (3) access the Service simultaneously through the use of multiple Devices unless otherwise permitted under your price plan or expressly permitted by this Agreement.

Term and Termination

This Agreement shall commence once Exbit has validated your Information and created an Account and shall remain in full legal force and effect unless and until either party cancels or terminates the Agreement according to the terms herein. Exbit may terminate the Agreement or suspend your Account if: (1) it believes, in its sole discretion, that you are in breach of this Agreement, including breach of any payment obligation; (2) if an Account has been inactive for twelve (12) consecutive months; (3) if Exbit decides to stop providing the Service; or (4) for Exbit’s convenience. You will be sent an SMS to the mobile phone number stored on your Account upon termination of the Agreement or suspension of Service. You agree to discontinue your use of the Service and remove any Application from your Devices immediately upon notification of termination. Return any Router that is in your possession to Exbit. Any termination of the Agreement or your Account may mean the permanent deletion of your Account Information, and you agree that Exbit shall have no liability for any such termination. You may terminate this Agreement and Account, at any time, by sending an email requesting termination to termination@exbitconnect.co.ke. You agree that you will be responsible for all fees incurred on your Account prior to Exbit’s actual termination of the Agreement.

Payments and Charges

Access to the Service requires pre-payment. You are able to pre-pay for use by making purchases of credit vouchers (“Credit Vouchers”) at Exbit-authorized retailers, making payment using mobile wallets, or other methods made available by Exbit from time to time. Once you have purchased a credit voucher, you must credit this to your Account using the Web Site. Vouchers acquired using mobile wallets will be automatically credited to your Account. Using credit in your account, you may purchase bundles (“Bundles”). The Bundles available to you if you subscribe to the Premises Service (“Premises Services Bundles”) or Exbit Rewards (“Reward Bundles”) may be different than if you do not. A Bundle consists of a combined purchase of several products and services, including, but not limited to, (a) Access for your Devices to the Exbit Network using the Access Points, (b) Local Transit of data across the Exbit Network, (c) access to the Internet Service, (d) optionally, in the case of Premises Services Bundles, installation and rental of a Router. A Bundle will give you access to the Service for a specific time period (“Time Bundle”) or for a specific amount of Local Transit data (“Data Bundles”). Details of the currently available Bundles, their pricing, and any changes to the same will be published via the Web Site. When you purchase a bundle, you will be charged for the purchase, and the corresponding price for that bundle will be deducted from the credit associated with your Account. Invoices issued at the time of purchase of a Bundle will include an itemized list of the various services and products that are included in the bundle.

The Service provides a mechanism that will automatically purchase Bundles so long as you have sufficient credit in your Account. Under this mechanism, when you add credit to your account, the most expensive Bundle that you can afford with the total credit available in your account will be automatically purchased. By using the Service, you give your permission for bundles to be automatically purchased on your behalf.

Once you purchase a Bundle, it will immediately be activated. This will enable you to access the Internet. Once you have used all of the data or time from the Bundle you have purchased, you will no longer be able to access the Internet until you purchase a further bundle. If you do not fully use all of the data or time associated with a Bundle within 360 days of purchase, you will forfeit the remaining data or time. If you do not access the Service for 1 year, you will forfeit any credit associated with your Account. You are entitled to transfer credit from your Account to the Account of another customer of the Service using the Web Site. If you make a transfer, the corresponding credit will be deducted from your Account and added to the other customer’s account. You are responsible for ensuring that you transfer credit to the correct account. Any credit transferred in error or by mistake is non-refundable. You are able to view the current amount of credit associated with your account and a history of transactions using the Web Site.

Exbit, at its sole discretion, from time to time may elect to stop selling certain bundles (“Retired Bundles”). In such circumstances, Exbit may, at its sole discretion, choose to cancel any remaining data or time left from any Retired Bundles you have purchased and to either credit all or a pro-rata amount of credit used to purchase the Retired Bundles, or issue you with new Bundles of an equivalent or greater value (“Swap Bundles”). Exbit will notify you of its intention to Swap Bundles via SMS with at least 5 days prior notice. If you do not wish to have your Retired Bundles swapped for new Bundles or credit issuance, but instead wish to have a cash refund, you should contact Exbit before the date of the intended swap or credit issuance at refund@exbitconnect.co.ke, stating your username and the mobile phone number associated with your account.

Complaints and Billing Disputes

You are responsible for monitoring the balances of credit and data stored against your Account. If you believe you have been charged in error or if credit you have applied to your Account is in error, you must notify Exbit at help@exbitconnect.co.ke within six (6) months of purchase of a data bundle or addition of credit to your Account. This email should include details of the transaction and the error you believe has occurred. If Exbit believes, at its sole discretion, that an error has been made, then the corresponding amount of data or credit will be refunded to your Account. You agree that you have waived any right to dispute erroneous charges if not claimed within six (6) months of the transaction.

Acceptable Use

You agree that you will not use the Service in a manner contrary to the Exbit Acceptable Use Policy located on the Web Site and incorporated herein by reference (“Acceptable Use Policy”). Exbit reserves the right to investigate any breach and/or suspected breach of the Acceptable Use Policy. Exbit may suspend or terminate provision of the Service if, in its sole discretion, it suspects that you have violated the Acceptable Use Policy. If your access to the Service is suspended or terminated, you will be notified of the suspension and the reasons for suspension by SMS to the mobile telephone number stored on your account.

Privacy

You agree to the terms of the Exbit Privacy Policy located on the Web Site and incorporated herein by reference (“Privacy Policy”). You accept that certain uses of the data gathered by Exbit because of your use of the Service are necessary to enable provision of the Service to you and, accordingly, if you withdraw your consent for Exbit to use your data as is detailed in its Privacy Policy, the supply of the Service to you may be terminated.

Warranty and Disclaimers

By its very nature, the Internet contains offensive and/or harmful material, in some cases under descriptions that have been mislabeled or are otherwise deceptive. Exbit shall not be responsible for any damages suffered by you and/or any person because of obtaining Internet access. Exbit exercises no control whatsoever over the content of the information passing through its systems.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND EXBIT DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. ANY STATEMENTS MADE IN ANY WRITTEN OR ELECTRONIC DOCUMENTS, OR BY ANY EXBIT EMPLOYEES, REPRESENTATIVES, OR AGENTS, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND. EXBIT DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING, OR DESTRUCTIVE PROPERTIES. EXBIT CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE. SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE EXBIT WIFI NETWORK, WHICH IS SUBJECT TO CHANGE. YOU ACKNOWLEDGE THAT THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR MAINTENANCE, EQUIPMENT MODIFICATIONS, OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF EXBIT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXBIT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR INTERRUPTED COMMUNICATIONS, LOST DATA, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE. NOTWITHSTANDING, EXBIT’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM YOUR USE OF THE SERVICE SHALL BE LIMITED TO THE TOTAL AMOUNT OF PAYMENTS MADE BY YOU ON YOUR ACCOUNT FOR THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW FOR A LIMITATION OF LIABILITY AS CONTEMPLATED HEREIN, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend, and hold harmless Exbit and its officers, directors, employees, agents, successors, and assigns from and against any loss, liability, or claim, including claims for reasonable attorney’s fees, brought by any third party and arising from (a) your infringement of any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy through use of the Service; (b) your violation of any applicable law, statute, ordinance, or regulation when using the Service; (c) violation of Exbit’s Acceptable Use Policy; or (d) material breach of this Agreement.

Amendments

Exbit may, in its sole discretion, make amendments to the terms and conditions of this Agreement. The latest version of these Terms of Use will be contained on the Web Site, you agree to be bound by any such revisions, and therefore you should periodically visit the Web Site to examine the then-current Agreement by which you are bound.

Assignment

You may not assign the Agreement, the use of the Service, or your rights and obligations under this Agreement without the prior written consent of Exbit. Any such assignment shall be void.

Survival

The following sections shall survive the termination of this Agreement: Indemnity; Limitation of Liability; Warranty and Disclaimers; Jurisdiction; Privacy; Payments and Charges; and Acceptable Use.

Severability

If any provision of the Agreement is held to be invalid, illegal, or unenforceable by any court or other competent tribunal, then the remaining provisions of the Agreement shall remain in full force and effect.

Choice of Jurisdiction

Choice of jurisdiction is Kenya, and the Laws of Kenya shall govern the construction and enforceability of the Agreement. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with regard to the Service provided hereunder. All prior agreements, proposals, representations, and other understandings, whether oral or written, are superseded in their entirety by this Agreement.

No Waiver

No alteration or modification of this Agreement will be valid unless made in writing and signed by Exbit. In the event of a conflict between the Agreement and any terms and conditions or statements contained in any document related to the Service, the terms of this Agreement will control.

Legal Notices

Communications made through the Web Site or Service will not constitute legal notice to Exbit or any of its officers, employees, agents, affiliates, partners, or representatives.

You should send written legal notices to: