TRIVIA TERMS AND CONDITIONS
These are the terms and conditions for Tuni Trivia, from Guiderig Solutions Limited, a private company limited by liability registered in Kenya having it’s principle address at Ngong, Road, Nairobi, herein referred to as “we”,”us”,”our”. Kindly take a moment to read them.
Tuni Trivia is a trivia building application that allows you to create fun trivia for different use cases (the “Application”) and our website is found at tunitrivia.com and tunitrivia.fun . These Terms set out what you are allowed to do and what you are not allowed to do and other disclaimers.
By accessing, installing or using our Services, you agree to be bound by these Terms and Conditions. Upon use or purchase on any of our platforms, a contract will be made between you and us. It is pertinent to understand that you agree with your terms in relation to the use of our services.
We may modify these terms at any times, and at our sole discretion. Upon any modification, we shall notify you through email, our applications or a notice on the website.
It is important to review the updated Terms when modify, because continuing to use the service after notifying you about the modification, indicated that you agree to be bound by the new Terms.
We may at our sole discretion, change or discontinue all or any part of the Service at any time, with or without notice to you. We will not, however, make changes to any promises made in any service which you have already signed up to.
You will not be able to make changes to a Service which you have signed up to. If you do wish to make a change, please contact us and we will advice if such a change is possible and , if relevant, the cost to you of making the change.
Pricing and Payment
Tuni Trivia offers a subscription Services on a monthly, quarterly or annual plans. In order to purchase any of our Services, you will be required to provide a valid credit card, PayPal account or your mobile number. For more information on how we handle the data collected, please see: tunitrivia.com/privacy.html
On subscribing to a monthly account, you will be billed on the day you sign up and then monthly every 30th day therefrom. On subscribing to a quarterly account, you will be billed on the day you sign up and then quarterly every 90th day therefrom. On subscribing to a annual account, you will be billed on the day you sign up and thereafter every 365th day therefrom.
All prices are listed on the Website along with the details of the various Services. Each bill paid ensures your access to the Services for either 30 days (for monthly Account holders) or 90 days (for quarterly accounts) or 365 days (for annual account holders). If you do not pay your bill when it’s due you will not be able to access the Services until payment is made.
We offer a free trial account to provide you an experience before purchasing any service.
Cancellation and refunds
Where you want to cancel Service, you are able to do so through you account by downgrading the service, or cancelling the subscription. Whether you are entitled to a refund, you can do this by contacting us by email at email@example.com.
Where a refund is due to you, we will refund you by the same method used for payment. We will make any refunds do to you as soon as possible, in any event, we will endeavour to do so within 14 business days.
Access to the Services
In some circumstances, we may have to suspend the Services. This may be because of technical maintenance and other minor changes or to update the Services to reflect changes in relevant laws or regulations.
We may suspend your access to the Services if you breach any of these Terms. If this happens, you may have to pay to us reasonable compensation for the net costs we will incur as a result of your breaking the contract. We will provide you with more information on these costs should this situation arise.
The Services provided include facilities for image storage, bandwidth, funnels, subdomains and if you own the relevant license, sub-accounts. The available functions and the number of landing pages provided as part of the Service is not limited unless we have expressly told you otherwise and is restricted to a certain level depending on which account type you hold. Further functions can be purchased on a subscription basis by contacting firstname.lastname@example.org. Image storage is unlimited within reasonable use. “Reasonable” is defined at the sole defined at the sole discretion of Us. If We deem your use of the Service to unreasonable, we may restrict access or remove some of your content from the Services.
We want to hear from you! You can submit your comments, improvements or suggestion about the Service to email@example.com . You grant us non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the feedback for any purpose.
Your privacy is very important to us. In short, we’re not going to do no anything sinister with your data. You can find the full version at: https://tunitrivia.com/privacypolicy
Intellectual Property Right
With the exception of your Content, we are the owner or the licensee of all intellectual property rights in our Website and the Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of other to whom you may provide services in accordance with these Terms to content posted on the Website or Application.
You must not attempt to modify the digital content on any part of the Website or applicarion in any way, and you must not de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human -perceivable form all or any part of the content on the Website or the Application.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a license to do so.
Your use of any material on the Website or Application or to use the Services in breach of these Terms will mean that your right to use Website and Application will cease immediately and you must, at our option, return or destroy an copies of the materials you have made.
In these Terms, “Content” means text, graphics, video, images, audio, works of authorship of any kind and information or other materials that are in any way made available by you through the Service.
You are responsible for the Content you make available, including its legality, reliability and appropriateness. We claim no intellectual property rights over the material you provide tour on the Website or Application. Your site and your Content remain yours. However, by creating Content to be shared publicly on or through Our Service, you agree to allow others to view and share your Content published through the Service.
Guiderig Solutiosn does not claim any ownership rights in any content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your own Content However, you grant Us a non-exclusive, non-transferable, non-sublicensable, worldwide license to use any Content submitted by you in relation to the Services, including the promotion and advertisement of Our Services.
You represent and warrant that you Content and information collection and marketing practices conform to legal requirements, including those of TCPA/CAN-SPAM, and that:
Guiderig Solutions does not permit the sale of the Tuni Trivia accounts or sub-accounts without our prior agreement.
Determining what is a breach of these terms will be under our sole discretion, but as a rule of thumb, if your client things they are buying services from you, your actions are within these terms of service. If your client thinks they are buying Tuni, your actions are breaking these terms of Service.
In the eent that we determine you have used the Website or the Application in any way other than as described in the Services, we will immediately terminate your Account and your acces to the Services and we may seek legal action to recover any losses that would have been caused.
Guiderig Solutions Content
Subject to your compliance with these Terms, Guiderig Solutions grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access to view Our content (“Guiderig Solutions Content”) solely in connection with your permitted use of the Service.
For the purpose of these Terms, Guiderig Solutions Content shall include all text, graphics, images, templates, arrangements, audio, video, works of authorship by Us or Our affiliates of any kind that is included within the Service. While you have an active account with Us, you may edit and modify templates for your own use. However, immediately upon termination, discontinuation or cancellation of your Account, you may no longer use, copy, borrow, modify or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At not time is any User permitted to: (i) transfer, sublicense, sell, lease, lend, rent or otherwise distribute Guiderig Solutions Content or the Services to any third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or Guiderig Solutions Content in any lawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Guiderig Solutions Content.
Guiderig Solutions Limited cares about copyright law, and expects you to care about it too. Our policy to terminate in appropriate circumstances the Accounts of Users who repeatedly infringe the rights of copyright holders.
The Copyright Act provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the Kenyan copyright law. If you believe in goof faith that Content infringes your copyright, you (or your agent) may send Us a notice requesting that the Content be removed or access to it blocked.
The notification must be sent to:
Guiderig Solutions Kenya
Attn: Guiderig Legal
We provide the above contact information for the purposes of Copyright notices only, and reserve the right to only respond to correspondence that is relevant for this purpose.
Links and Advertisements of Third-Party Sites
The Website or Application may contain links to or advertisement of third-party websites (that are not affiliated with you or other Users) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
In using our Services, you agree that you will defend, indemnify and hold harmless Guiderig Solutions, or its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to lawyers’ fees), to the extent allowed by applicable law, that arise from or are caused by:
This is important because we need to protect our business against these losses. If any contract between you and us is terminated, this section will continue to apply and we still be able to enforce this indemnity against you.
The Service and Content are provided “AS IS”, without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability or any Content.
Limitation of Liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence or our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
We expect the Application and the Website will work just as we intent however, we are aware that issues sometimes occur. Please not that we will not be held liable for any loss, damage or inconvenience you might suffer as a result of the Application not being available, being defective or not working in the way you had expected and you agree that you will have no right to take action against us unsless this is expressly set out in any relevant law.
If the Services damage a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have been avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Neither Guiderig Solutions nor any other party involved in creating, producing, or delivering the Services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, mobile damage or system failure or the cost of substitute services arising out of or in connection with these Terms or from the use of or inability to use the Services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Guiderig Solutions has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You acknowledge that, although we have taken steps to advise users in these Terms the restrictions that apply to them, we have no control over the content which users may post on the Website or in the Application. You agree that you will not hold us liable for any illegal, offensive, defamatory content or for any loss you may suffer because of content posted by another Application.
Wherever we are found to be liable to you for any loss you suffer in connection with the Services, our total liability in connection with these Terms will not in any event exceed the lesser or the amounts you have paid to Guiderig Solutions during the 12 months prior to the cause of action, and 12,000 Ksh.
If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
These Terms are the entire and exclusive understanding and agreement between Guiderig Solutions Limited and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.
Any notices or other communication provided by Guiderig Solutions under these Terms, including those regarding modifications to these Terms, will be given by Us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipts will be deemed the date on which such notice is transmitted.
Guiderig Solutions failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Guiderig Solutions. Except as expressly set forth in these Terms, the exercise by either party if any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Other important Terms
We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end any contract within 30 days of s telling you about it and we will refund you any payment you have made in advance for Services not provided. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if there is a reasonable business case for doing so.
These Terms and any contract are between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
These Terms are governed by the Kenyan law and you can bring legal proceedings in respect of the Services in the Kenyan courts.
**************** If you have any questions regarding these Terms, please e-mail us at firstname.lastname@example.org ************