Welcome to harakaCRM. These Terms of Use (“Terms”) govern your access to and use of harakaCRM’s website, products, services, and applications (collectively, “Services”). By accessing or using our Services, you agree to comply with these Terms and our Privacy Policy. If you do not agree, please do not use our Services.


1. Acceptance of Terms

By creating an account, accessing, or using harakaCRM, you confirm that you accept these Terms and agree to abide by them. harakaCRM may modify these Terms at any time, and continued use of the Services after modifications constitute acceptance of the new terms.


2. Eligibility

Our Services are intended for use by individuals who are 18 years of age or older and have the legal capacity to enter into contracts. By using our Services, you confirm that you meet these eligibility requirements.


3. Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to update it as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or use of your account.


4. Permitted Use

You may use our Services solely for lawful purposes, in accordance with these Terms, and not for any prohibited activities, including but not limited to:

  • Impersonating any person or entity, or misrepresenting your affiliation.
  • Interfering with the functionality of our Services or attempting unauthorized access.
  • Using our Services to transmit or upload harmful, illegal, or infringing content.
  • Engaging in fraudulent or deceptive practices.

5. Prohibited Content

Users must not upload or share content that is offensive, harmful, or violates others’ rights, including but not limited to:

  • Hate speech, violence, or harassment.
  • Intellectual property infringement.
  • Any content that violates privacy, publicity, or data protection laws.

6. Intellectual Property Rights

All intellectual property rights in and to the Services, including trademarks, logos, and content, are owned by or licensed to harakaCRM. You may not reproduce, distribute, create derivative works from, publicly display, or perform any part of the Services without our prior written consent.


7. User-Generated Content

By uploading or sharing content on harakaCRM, you grant us a non-exclusive, royalty-free, worldwide license to use, display, distribute, and modify your content for the purpose of providing our Services. You are responsible for ensuring that you have the necessary rights to share any content you upload.


8. Third-Party Links and Integrations

Our Services may contain links to third-party websites, applications, or services not controlled by harakaCRM. We are not responsible for third-party content or services and encourage you to review their terms and privacy policies.


9. Data Privacy and Security

Our use of personal data is governed by our Privacy Policy. We prioritize data security and employ industry-standard measures to protect your information. However, no method of transmission over the internet or electronic storage is fully secure, and we cannot guarantee absolute security.


10. Service Availability and Changes

We aim to provide uninterrupted access to our Services but cannot guarantee it will be available at all times. harakaCRM reserves the right to modify, suspend, or discontinue any part of our Services, temporarily or permanently, without notice.


11. Termination and Suspension

harakaCRM reserves the right to terminate or suspend your access to our Services at our discretion, without notice, for any breach of these Terms or suspected fraudulent activity. Upon termination, your right to use the Services will cease, but your obligations under these Terms will remain.


12. Disclaimers and Limitation of Liability

Disclaimers
Our Services are provided “as is” without warranties of any kind, express or implied. harakaCRM disclaims any warranties regarding the accuracy, reliability, or completeness of the content and does not guarantee that the Services will be error-free or uninterrupted.

Limitation of Liability
To the fullest extent permitted by law, harakaCRM shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of or inability to use our Services. This limitation applies to damages caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, or any other cause.


13. Indemnification

You agree to indemnify and hold harmless harakaCRM, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of our Services, breach of these Terms, or violation of any law or the rights of a third party.


14. Governing Law and Dispute Resolution

These Terms are governed by the laws of Kenya. In the event of a dispute, you agree to resolve it through binding arbitration in accordance with the Arbitration Act of Kenya, waiving the right to pursue any claim through court proceedings, except as required to enforce an arbitration decision.


15. Changes to Terms

We reserve the right to update or modify these Terms at any time, with any changes taking effect immediately upon posting. We encourage users to review these Terms regularly to stay informed of any updates.


16. Contact Information

For any questions or concerns about these Terms, please contact us at:

harakaCRM Support Team
Email: [email protected]


Last Updated: Friday, 8th November 2024