1. Acceptance of Terms
1.1 These Terms and Conditions govern your access to and use of Aashirya Limited's delivery optimization services, website, mobile applications, and related services (collectively, the "Services").
1.2 By registering for an account, accessing our website, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.
1.3 We reserve the right to modify these Terms and Conditions at any time. Continued use of our Services after such modifications constitutes acceptance of the revised terms. We will provide notice of material changes through our website or via email.
2. Definitions
2.1 "Aashirya," "we," "us," or "our" refers to Aashirya Limited, a company registered in Kenya.
2.2 "Customer," "you," or "your" refers to the individual or entity using our Services.
2.3 "Services" refers to our delivery optimization platform, including software, applications, and related services.
2.4 "Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, and other materials.
2.5 "User Account" refers to your personalized access to our Services.
3. Account Registration and Security
3.1 To access our Services, you must register for an account by providing accurate, current, and complete information as prompted in the registration form.
3.2 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach.
3.3 You must be at least 18 years old to use our Services. By registering, you represent and warrant that you meet this age requirement.
3.4 We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.
4. Services Description
4.1 Aashirya provides a delivery optimization platform that offers route planning, fleet management, delivery tracking, and related services for businesses.
4.2 The Services may include software updates, maintenance, and support as described in your service plan.
4.3 We continually strive to improve our Services and may add, change, or remove features at any time without prior notice.
4.4 The Services are provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free operation.
5. Subscription and Payment Terms
5.1 Subscription fees are payable in advance according to the selected billing cycle. All fees are exclusive of taxes, which you are responsible for paying.
5.2 We offer various subscription plans with different features and limitations. The specific terms of your subscription are detailed in your service agreement.
5.3 Payment is due immediately upon invoice issuance. Late payments may result in service suspension or termination.
5.4 All fees are non-refundable except as required by law or as specifically provided in these terms.
5.5 We reserve the right to change our pricing structure upon 30 days' notice. Price changes will not affect existing subscription periods.
6. Refund Policy
6.1 General Refund Principles
Aashirya Limited operates on a subscription-based service model with clear refund eligibility criteria. All subscription fees are considered earned upon payment and are generally non-refundable, except under specific circumstances outlined in this policy. We encourage customers to thoroughly evaluate our service through available trial periods before committing to paid subscriptions.
6.2 Subscription Refund Eligibility
Refunds may be considered under the following specific circumstances:
6.2.1 Service Failure: If our Services experience continuous downtime exceeding 48 hours and such downtime is verified by our technical team as originating from our infrastructure failures.
6.2.2 Material Breach: If we materially breach these Terms and Conditions and fail to cure such breach within 30 days of written notice.
6.2.3 Duplicate Payments: In cases of accidental duplicate payments processed through our billing system.
6.2.4 Cancellation During Cooling-Off Period: Where applicable under Kenyan consumer protection laws, within the statutory cooling-off period.
6.3 Non-Refundable Items
The following items are explicitly non-refundable under any circumstances:
6.3.1 Partial months of service for monthly subscriptions
6.3.2 Unused portions of annual subscriptions after 30 days of use
6.3.3 Setup fees and one-time implementation costs
6.3.4 Custom development work already commenced
6.3.5 Services already rendered and delivered
6.3.6 Third-party integration costs and API usage fees
6.4 Refund Request Procedure
6.4.1 All refund requests must be submitted in writing to accounts@aashirya.co within 14 days of the charge date.
6.4.2 Requests must include: customer name, account details, transaction reference number, and detailed justification for the refund request.
6.4.3 Refund requests will be acknowledged within 48 hours and processed within 30 days of approval.
6.4.4 Approved refunds will be issued to the original payment method used for the transaction.
6.5 Subscription Cancellation and Proration
6.5.1 Monthly subscriptions may be cancelled at any time, but no refunds will be issued for the current billing period.
6.5.2 Annual subscriptions cancelled after 30 days will not receive refunds for remaining months.
6.5.3 Services will remain active until the end of the current billing period following cancellation.
6.6 Service Credits Alternative
6.6.1 Instead of monetary refunds, we may, at our discretion, offer service credits for future use.
6.6.2 Service credits will be applied to the customer's account and may be used toward future subscription fees.
6.6.3 Service credits expire 12 months from issuance and are non-transferable.
6.7 Force Majeure and Extraordinary Circumstances
6.7.1 No refunds will be issued for service interruptions caused by force majeure events as defined in Section 15.
6.7.2 Extraordinary circumstances including but not limited to natural disasters, political unrest, or internet infrastructure failures beyond our control do not qualify for refunds.
6.8 Billing Disputes
6.8.1 Billing disputes must be raised within 30 days of the charge date.
6.8.2 Failure to dispute charges within this period constitutes acceptance of the charges.
6.8.3 We will investigate all billing disputes and provide resolution within 14 business days.
6.9 Payment Processor Policies
6.9.1 Refund processing times may vary depending on the payment method and financial institution policies.
6.9.2 Third-party payment processor fees are non-refundable.
6.9.3 Currency conversion differences are not refundable.
6.10 Special Circumstances
6.10.1 We reserve the right to make exceptions to this refund policy on a case-by-case basis.
6.10.2 Any exceptions made do not set precedent for future requests.
6.10.3 All refund decisions made by Aashirya Limited are final.
7. User Conduct and Responsibilities
7.1 You agree to use our Services only for lawful purposes and in accordance with these Terms and Conditions.
7.2 You shall not: (a) violate any applicable laws or regulations; (b) infringe upon our intellectual property rights or the rights of others; (c) engage in any activity that interferes with or disrupts our Services; (d) attempt to gain unauthorized access to our systems; (e) use our Services to transmit any malicious code or engage in phishing activities; (f) engage in any activity that could damage, disable, overburden, or impair our infrastructure.
7.3 You are solely responsible for all content you upload, post, process, store, or transmit through our Services.
7.4 You must ensure that your use of our Services complies with all applicable data protection laws, including the Kenya Data Protection Act, 2019.
8. Intellectual Property Rights
8.1 All intellectual property rights in our Services, including software, algorithms, user interface, documentation, and content, are and shall remain our exclusive property.
8.2 We grant you a limited, non-exclusive, non-transferable, revocable license to use our Services for your internal business purposes during the subscription term.
8.3 You retain ownership of any content you submit through our Services. By submitting content, you grant us a worldwide, royalty-free license to use, reproduce, modify, and display such content solely for providing and improving our Services.
8.4 You shall not: (a) copy, modify, or create derivative works of our Services; (b) reverse engineer, decompile, or disassemble our software; (c) remove any proprietary notices or labels; (d) use our intellectual property without express written permission.
9. Data Protection and Privacy
9.1 We are committed to protecting your privacy and personal data in accordance with the Kenya Data Protection Act, 2019.
9.2 Our Privacy Policy, which is incorporated into these Terms and Conditions, describes how we collect, use, and protect your personal information.
9.3 You are responsible for ensuring that you have appropriate legal grounds for processing personal data through our Services and for complying with all applicable data protection laws.
9.4 We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security.
9.5 In the event of a data breach affecting your data, we will notify you and the relevant authorities as required by law.
10. Confidentiality
10.1 Both parties agree to maintain the confidentiality of any proprietary information received from the other party that is marked as confidential or would normally be considered confidential under the circumstances.
10.2 Confidential information shall not include information that: (a) is or becomes publicly known through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; (d) is rightfully obtained from a third party without restriction.
10.3 The obligations of confidentiality shall survive termination of these Terms and Conditions for a period of five years.
11. Third-Party Services and Content
11.1 Our Services may integrate with or provide links to third-party services, websites, or content. We do not endorse and are not responsible for any third-party content.
11.2 Your use of third-party services is subject to their respective terms and conditions. We are not liable for any loss or damage resulting from your use of third-party services.
11.3 Any exchange of data between you and any third-party provider is solely between you and such provider.
12. Service Level Agreement and Support
12.1 We will use commercially reasonable efforts to make our Services available with the uptime specified in your service level agreement.
12.2 We provide technical support during regular business hours through email, phone, and our support portal.
12.3 Scheduled maintenance may result in temporary service interruptions. We will provide advance notice of scheduled maintenance whenever possible.
12.4 Emergency maintenance may be performed without advance notice to address critical issues.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.
13.2 Our total liability to you for all claims arising out of or relating to these Terms and Conditions or your use of our Services shall not exceed the total amount paid by you to us in the six months preceding the event giving rise to the claim.
13.3 The limitations in this section apply regardless of the legal theory on which the claim is based, including contract, tort, strict liability, or any other theory.
13.4 Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.
14. Indemnification
14.1 You agree to indemnify, defend, and hold harmless Aashirya and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of our Services; (b) your violation of these Terms and Conditions; (c) your infringement of any third-party right; (d) any content you submit through our Services.
14.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
15. Termination
15.1 Either party may terminate these Terms and Conditions for cause upon 30 days' written notice of a material breach if such breach remains uncured at the expiration of such period.
15.2 We may terminate your account immediately if: (a) you violate these Terms and Conditions; (b) we are required to do so by law; (c) you cease business operations; (d) you become subject to bankruptcy or insolvency proceedings.
15.3 Upon termination, your right to use our Services will immediately cease. All provisions of these Terms and Conditions which by their nature should survive termination shall survive.
15.4 We may suspend your access to our Services immediately if we suspect unauthorized or fraudulent activity.
16. Force Majeure
16.1 Neither party shall be liable for any failure or delay in performance under these Terms and Conditions due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor, or materials.
16.2 The affected party shall notify the other party of such force majeure event and use reasonable efforts to resume performance.
17. Governing Law and Dispute Resolution
17.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
17.2 Any dispute arising out of or relating to these Terms and Conditions shall first be subject to good faith negotiations between the parties.
17.3 If the dispute cannot be resolved through negotiation, the parties agree to submit to mediation in Nairobi, Kenya, before pursuing other remedies.
17.4 Any legal action or proceeding arising under these Terms and Conditions shall be brought exclusively in the courts of Nairobi, Kenya.
18. Miscellaneous Provisions
18.1 These Terms and Conditions constitute the entire agreement between you and Aashirya regarding our Services and supersede all prior agreements.
18.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18.3 Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.
18.4 You may not assign or transfer these Terms and Conditions without our prior written consent. We may assign our rights and obligations without restriction.
18.5 All notices required under these Terms and Conditions shall be in writing and sent to the addresses provided in your account information.
18.6 The relationship between the parties is that of independent contractors. Nothing in these Terms and Conditions creates a partnership, joint venture, or agency relationship.
19. Contact Information
19.1 For questions about these Terms and Conditions, please contact us at:
Aashirya Limited
West Park Suites, Ojijo Cl, Nairobi, Kenya
Nairobi, Kenya
Email: legal@aashirya.co
Phone: +254700455466
19.2 Notices to you may be sent to the email address associated with your account.
20. Changes to Terms
20.1 We reserve the right to modify these Terms and Conditions at any time. When we make changes, we will update the "Last Updated" date at the top of this document.
20.2 Continued use of our Services after any changes constitutes acceptance of the modified terms.
20.3 Material changes to these Terms and Conditions will be communicated to you through email or prominent notice on our website.
21. Severability
21.1 If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.
22. No Third-Party Beneficiaries
22.1 These Terms and Conditions are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing herein shall be construed to give any third party any legal or equitable right, remedy, or claim under or in connection with these Terms and Conditions.
23. Electronic Communications
23.1 You consent to receive communications from us electronically, including emails, text messages, and push notifications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
24. Export Control
24.1 You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control, and any applicable laws in Kenya.
25. Language
25.1 These Terms and Conditions are prepared in the English language. In the event of any conflict between the English version and any translation, the English version shall prevail.
26. Headings
26.1 The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Effective Date: 6/19/2023
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.