Terms of Use

These terms govern your access to and use of Kasneb Revisions, operated by Naicents Ltd.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Naicents Ltd, a company registered in Kenya and trading as Kasneb Revisions ("Company", "we", "us", or "our"), concerning your access to and use of the https://naicents.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site"). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

The Site is operated from Kenya and is intended primarily for students preparing for professional examinations administered in Kenya. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least eighteen (18) years of age, the age of majority in Kenya under the Age of Majority Act (Cap. 33, Laws of Kenya). Users who are under 18 must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are under 18, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

RELATIONSHIP WITH KASNEB

Kasneb Revisions is an independent examination revision platform. We are not affiliated with, endorsed by, sponsored by, or otherwise connected to kasneb (the Kenya Accountants and Secretaries National Examinations Board) or any other examinations body. "KASNEB", "CPA", "ATD", "CS", "CIFA" and related names and marks are the property of their respective owners and are used on the Site solely to describe the examinations for which our revision materials are intended. Nothing on the Site should be understood as official communication from, or on behalf of, kasneb. Registration for the actual examinations, syllabus changes, examination timetables, and official results are governed exclusively by kasneb, and you are responsible for confirming all such matters directly with kasneb.

Use of the Site does not guarantee that you will pass any examination. Our materials are revision aids only, and your results depend on your own preparation and performance.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, model answers, worked solutions, explanations, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by the Copyright Act (Cap. 130, Laws of Kenya), the Trade Marks Act (Cap. 506, Laws of Kenya), international copyright laws, and international conventions. The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site and have paid the applicable fees, you are granted a limited, personal, non-transferable, non-exclusive license to access and use the Site and the Content solely for your own private examination revision. This license does not permit you to share, resell, print for distribution, or otherwise make the Content available to any other person, including through study groups, WhatsApp groups, Telegram channels, photocopying, screenshots, or screen recording. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18, or if under 18, you have received parental or guardian permission to use the Site; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation, including the laws of Kenya.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION AND ACCOUNTS

You must register for an account to use the practice features of the Site. You may register with an email address and password or by signing in with a Google account. You agree to keep your login credentials confidential and you are responsible for all use of your account. Your account is personal to you: you may not share your login credentials with any other person, allow any other person to use your account, or use another person's account. We may limit the number of active sessions or devices per account and may sign out sessions that exceed those limits. We reserve the right to remove, reclaim, or change a username or display name you select if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.

PURCHASES AND PAYMENTS

Access to practice materials on the Site requires payment. We offer paid plans covering one or more examination courses, as displayed on the Site at the time of purchase. All prices are stated in Kenya Shillings (KES) and, unless otherwise indicated, are inclusive of applicable taxes.

Payments are processed by Paystack, a third-party payment processor, and may be made through M-Pesa or such other payment methods as are offered at checkout. We do not collect or store your M-Pesa PIN, card number, or other sensitive payment credentials on our servers; these are handled by the payment processor and the relevant mobile money or card network. By making a payment you also agree to the terms and privacy policy of the payment processor and of your mobile money or card provider.

Access to purchased materials is granted once your payment is confirmed. Each purchase is valid for the access period stated on the applicable plan at the time of purchase (for example, eight (8) months from the date of purchase), after which access expires unless renewed. Purchased access is tied to your account and may not be transferred, resold, or shared. We reserve the right to change prices and plans at any time; changes do not affect access you have already paid for.

You agree to provide current, complete, and accurate purchase information for all purchases made via the Site. If we reasonably believe a payment is fraudulent, reversed, or made in violation of these Terms of Use (including payments made through stolen mobile money accounts or cards), we may suspend or terminate the associated access and account.

REFUND POLICY

Because our practice materials are digital content that can be consumed immediately after purchase, refunds are subject to the following conditions:

A full refund can be requested within seven (7) days of purchase, provided you have started no more than two (2) practice attempts under the purchase.

A refund of fifty percent (50%) can be requested within seven (7) days of purchase if you have started more than two (2) but fewer than five (5) practice attempts under the purchase.

No refund is available once you have started five (5) or more practice attempts, or after seven (7) days from the date of purchase, whichever comes first.

For the purposes of this policy, a "practice attempt" includes any attempt started in any mode offered on the Site (including Timed, Review, Random, and Topical modes), whether or not it is completed. Repeating a previously attempted paper counts as an additional attempt.

Approved refunds will be processed to the original payment method (for example, the M-Pesa number used at checkout) within fourteen (14) business days, less any transaction charges imposed by the payment processor where the law permits. Once a refund is successfully processed, your access to the refunded materials is terminated immediately.

Nothing in this policy limits any rights you may have under the Consumer Protection Act, 2012 (Kenya) that cannot be excluded or limited by agreement.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Systematically retrieve questions, answers, explanations, or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, question bank, or directory without written permission from us.

Share your account or login credentials with, or resell or otherwise provide access to the Content to, any other person.

Copy, photograph, screenshot, screen record, print, or otherwise reproduce the Content for distribution to others, whether for payment or free of charge.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content, enforce session or device limits, or enforce limitations on the use of the Site and/or the Content contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations, including the Computer Misuse and Cybercrimes Act, 2018 (Kenya).

Use the Site to advertise or offer to sell goods and services.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

Engage in any automated use of the system, such as using scripts, bots, data mining tools, robots, scrapers, or similar data gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of another user.

Sell or otherwise transfer your profile or your purchased access.

Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, including the requirement to pay for access.

Copy or adapt the Site's software, or decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

Use the Site as part of any effort to compete with us, including building a competing question bank or revision service, or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

SUBMISSIONS AND FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, error reports, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND SERVICES

The Site relies on certain third-party services to operate, including Google (for optional sign-in), Paystack and Safaricom M-Pesa (for payments), and cloud hosting and database providers. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their acts or omissions.

The Site may also contain links to other websites ("Third-Party Websites") as well as content belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any account or any portion of the Site; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY AND DATA PROTECTION

We care about data privacy and security, and we process personal data in accordance with the Data Protection Act, 2019 (Kenya) and the regulations made under it. Please review our Privacy Policy, which is incorporated into these Terms of Use. By using the Site, you agree to be bound by our Privacy Policy.

The Site and its supporting services (including authentication, database, and payment infrastructure) may be hosted or processed on servers located outside Kenya. By using the Site, you consent to the transfer and processing of your personal data outside Kenya as described in our Privacy Policy, subject to the safeguards required by the Data Protection Act, 2019. You have the rights conferred on data subjects by that Act, including the right to access, correct, and request deletion of your personal data, and the right to lodge a complaint with the Office of the Data Protection Commissioner (ODPC) of Kenya.

We do not knowingly collect personal data from children without the consent required by law. If we become aware that a child's personal data has been collected without the requisite parental or guardian consent, we will delete that information as quickly as is reasonably practical.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. ACCOUNT SHARING AND UNAUTHORIZED REDISTRIBUTION OF CONTENT ARE GROUNDS FOR IMMEDIATE TERMINATION WITHOUT REFUND.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site, including any downtime occurring close to an examination sitting. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Kenya. Subject to the Dispute Resolution section below, you and Naicents Ltd irrevocably consent that the courts of Kenya shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms of Use.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any Dispute arising out of or in connection with these Terms of Use, including any question regarding their existence, validity, or termination, which is not resolved through informal negotiations shall be referred to and finally resolved by arbitration in accordance with the Arbitration Act, 1995 (Kenya) and the Arbitration Rules of the Nairobi Centre for International Arbitration (NCIA), which Rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator appointed in accordance with the NCIA Rules. The seat, or legal place, of arbitration shall be Nairobi, Kenya. The language of the proceedings shall be English. The governing law of these Terms of Use shall be the substantive law of Kenya.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction in Kenya, and the Parties agree to submit to the personal jurisdiction of that court. Nothing in this section prevents either Party from pursuing a claim in a Kenyan small claims court where the claim qualifies under the Small Claims Court Act, 2016.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including in questions, model answers, explanations, descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT, INCLUDING THE CORRECTNESS OF ANY MODEL ANSWERS OR EXPLANATIONS, THE CORRESPONDENCE OF ANY MATERIAL TO THE CURRENT KASNEB SYLLABUS, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE DO NOT WARRANT THAT USE OF THE SITE WILL RESULT IN ANY PARTICULAR EXAMINATION OUTCOME. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, EXAMINATION FEES, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. SOME LAWS, INCLUDING THE CONSUMER PROTECTION ACT, 2012 (KENYA), DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable advocates' fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site, including your practice attempts, answers, and progress records. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data, except to the extent such waiver is not permitted under the Data Protection Act, 2019 or other applicable law.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. In accordance with the Kenya Information and Communications Act (Cap. 411A) and other applicable Kenyan law recognizing electronic records and electronic signatures, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means, to the extent such waiver is permitted by law.

CONSUMER PROTECTION

If you are a consumer within the meaning of the Consumer Protection Act, 2012 (Kenya), nothing in these Terms of Use excludes or limits any rights you have under that Act that cannot lawfully be excluded or limited. If a complaint with us is not satisfactorily resolved, you may contact the Competition Authority of Kenya or pursue any other remedy available to you under Kenyan law.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including power or network outages, mobile money service interruptions, or acts of government. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

Naicents Ltd (trading as Kasneb Revisions)

JKUAT Towers

Nairobi 00200, Kenya

Phone: 0727 311 611

Email: hello@rubansi.com