Effective Date: 01st January, 2024

 

1. Introduction

Welcome to SMPLY PAY, a payment processing platform owned and operated by Tideflash Software Solutions Limited. By using SMPLY PAY, you agree to these legal terms and conditions. If you do not agree with any part of these terms, you may not use the platform.

 

These Terms of Service constitute a binding legal agreement between you ("User" or "You") and Tideflash Software Solutions Limited ("Company", "We", "Us", or "Our")

2. Acceptance of Terms

By accessing or using SMPLY PAY, you represent that you have read, understood, and agree to be bound by these Terms of Service. You may use the service only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

 

3. Changes to the Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you via email or through a notification on the platform. Your continued use of the platform after such modifications constitutes your acceptance of the new terms.

 

4. Use of SMPLY PAY

SMPLY PAY is a software solution for processing payments, including handling online payments, managing transactions, and providing payment reports. By using SMPLY PAY, you agree to the following:

  • You will use the platform only for lawful purposes and in accordance with the terms provided herein
  • You will use the platform only for lawful purposes and in accordance with the terms provided herein
  • You will not engage in fraudulent, deceptive, or illegal activities while using SMPLY PAY

5. User Account and Security

  • Account Creation: To access certain features of SMPLY PAY, you may need to create an account. You must provide accurate and complete information during registration and keep your account details up to date.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username, email and password. You agree to notify us immediately if you suspect any unauthorized access to your account. We are not responsible for any loss or damage arising from your failure to protect your account.

6. Fees and Payment Terms

  • Subscription Fees: Depending on the level of service you choose, subscription fees may apply. You agree to pay all fees as specified during your account registration or service selection process.
  • Payment Methods: Payments for fees can be made via credit card or other accepted payment methods. You authorise us to charge the designated payment method for the applicable fees.
  • Refunds: Refunds for payments made through SMPLY PAY are subject to our Refund Policy, which can be found on the platform or requested from our support team.

7. Transaction Limits and Restrictions

  • SMPLY PAY may impose limits on the amount of money that can be processed through the platform, as well as restrictions based on geographic location, currency, or other factors. We reserve the right to refuse any transaction or limit the functionality of the platform in certain regions.

8. Data Security and Privacy

Your use of SMPLY PAY is subject to our Privacy Policy, which outlines how we collect, use and protect your personal data. You agree that any data you provide while using the platform will be handled in accordance with our Privacy Policy. Additionally:

  • We implement security measures to protect the integrity of transactions processed through SMPLY PAY.
  • You are responsible for securing any personal or financial data related to your customers or transactions that you store within the platform.

     

9.  Intellectual Property

 

All content, software, and technology on SMPLY PAY, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, are the exclusive property of Tideflash Software Solutions Limited or its licensors and are protected by international copyright, trademark, and other intellectual property laws.

 

You are granted a limited, non-transferable licenses to access and use SMPLY PAY for your internal business purposes, subject to these terms. You may not copy, modify, distribute, sell or lease any part of the platform without our express written consent.

 

10. Third-Party Services and Links

 

SMPLY PAY may integrate with third-party services or contain links to external websites or services. These third-party services are not under our control, and we are not responsible for their content, privacy practices, or performance. You acknowledge that your use of any third-party services is at your own risk and subject to the terms and policies of the respective providers.

 

11. Limitation and Liability

To the fullest extent permitted by law, Tideflash Software Solutions Limited, its officers, directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, revenue, or data, arising out of or in connection with your use of SMPLY PAY, even if we have been advised of the possibility of such damages.

 

Our total liability to you for any claim arising out of or relating to these terms or your use of SMPLY PAY will not exceed the amount paid by you for the service in the 12 months preceding the claim.

 

12. Disclaimer of Warranties

SMPLY PAY is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the functionality, performance, or availability of the platform. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

 

We do not guarantee that SMPLY PAY will  be error-free, uninterrupted, or secure. You assume full responsibility for any risks arising from your use of the platform.

 

13. Termination and Suspension

We reserve the right to terminate or suspend your access to SMPLY PAY at any time, with or without cause, including but not limited to any violations of these terms. Upon termination, your access to any data stored in the platform may be restricted or deleted. You are responsible for maintaining backup copies of your data.

 

14. Governing Law and Dispute Resolution

These terms and your use of SMPLY PAY will be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

 

In the event of any dispute arising from these terms or your use of SMPLY PAY, the parties agree to attempt to resolve the dispute through mediation. If mediation fails, the dispute will be submitted to the exclusive jurisdiction of the courts in Nairobi, Kenya.

 

15. Indemnification

You agree to indemnify, defend, and hold harmless Tideflash Software Solutions Limited, its officers, directors, employees, and affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising out of or related to your use of SMPLY PAY, your violation of these terms, or any infringement by you of any intellectual property or other rights of any third party.

 

16. Force Majeure

Tideflash Software Solutions Limited will not be liable for any delay or failure to perform its obligations under these terms due to causes beyond its reasonable control, including acts of God, war, strikes, natural disasters, and internet or telecommunication failures.

 

17. Severability

If any provision of these terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect.

 

18. Entire Agreement

These terms, together with our Privacy Policy, constitute the entire agreement between you and Tideflash Software Solutions Limited regarding your use of SMPLY PAY and supersede any prior agreements or understandings.