TERMS OF SERVICE

The following Terms of Service (the ‘TOS’) apply to Your use of the ExpressWiFi by Surf WiFi Service (the ‘Service’) by BRCK Limited, and all related Functionality, Services and Content of the Service. Your access and/or usage of the Service means that You agree to these TOS and BRCK’s other related Service.
I. DEFINITIONS "ExpressWiFi by Surf Service" means an internet service called ExpressWiFi by Surf, which provides paid-to-consumer internet access via WiFi enabled services. “End User Data” means any data, including a user's content or information that you or third parties can retrieve from the Service or provide to BRCK through the Service. "Services" means the features and services we make available on the Service that you are able to access. “Content” means anything provided or shared on the Service by BRCK.

II. GRANT OF LICENSE

2.1 BRCK through the Service grants you a perpetual, limited, non-transferable, royalty-free license to use the Service in accordance with the terms of these Terms
2.2 This License permits you to use the Service only for your personal, non-commercial use on your Mobile Device strictly in accordance with the terms set out in these Terms; and Access Wi-Fi connectivity made available in or otherwise accessible through the Service, strictly in accordance with these Terms.
2.3 This License does not allow you to copy the Service or modify, translate, adapt or otherwise create derivative works or improvements, of the Service;
2.3.3 Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service, or any part thereof;
2.3.4 Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Service;
2.3.5 Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Service; or,
2.3.6 Upload or introduce any virus or malware to the Service
2.4 You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. BRCK reserves and shall retain each of their entire right, title and interest in and to the Service. All rights not specifically granted in these Terms are reserved by BRCK. BRCK shall own all rights in any functionality, features, modification or customization of the Service.

III. CHANGES TO THESE TERMS OF SERVICE

The Service is created to provide the best form services, and functionality to reach this end therefore BRCK shall at its own discretion be making changes to the Service as it sees fit to provide you with improved services. To efficiently enable this BRCK may, in its discretion, make changes to the Service and its related Services and Content and will endeavour to notify you through the Service of any and all changes as they are made. Your continued use of the Service after those changes are made, is taken to mean that you are expressing and acknowledging your acceptance of the changes.

V. UNLAWFUL OR PROHIBITED USE

5.1 The following acts or uses are specifically excluded or prohibited while using the Service:
  • Use in connection with any legal matter that is illegal in nature, as determined by BRCK.
  • Use in connection with any legal matter involving an alleged violent crime; or
  • Use in connection with any legal matter involving the laws of jurisdictions outside of Kenya;
  • Use in connection with any legal matter for which you are currently or prospectively represented by legal counsel.
  • Use in connection with any legal matter that, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;
  • You may not hack, “scrape” or “crawl” the Service whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information BRCK has not intentionally made available to you on its website via subscription paid or unpaid. Your use of the Service does not entitle you to resell any BRCK content without prior express written consent from BRCK.
  • 5.2 To enforce this provision, BRCK reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.

    VI. DATA COLLECTION AND USE

    This Article shall be read, interpreted and implemented in tandem with the Privacy Policy (available at https://moja.brck.com/privacy.html )
    6.1 Data Collection: You acknowledge that when you use the Service;
  • BRCK may use automatic means to collect information about your Mobile Device and about your use of the Service
  • BRCK may use automatic means to collect information about your Mobile Device and about your use of the Service.
  • You also may be required to provide certain information about yourself as a condition to using the Service or certain of its features or functionality.
  • All information BRCK collects through or in connection with the Service and your use thereof is subject to BRCK's data and privacy policy
  • By, using, and providing information to or through this Service, you consent to all use and actions taken by us with respect to your information pursuant to the Privacy Policy. You also consent to any transfer, sale, assignment, conveyance or license by BRCK of your End User Data.

  • 6.2 End User Data:

    6.3.1 In connection with the Service and by License granted by You under Article II, BRCK may collect and maintain End User Data provided by you.
    6.3.2 You shall own all End User Data.
    6.3.3 BRCK shall maintain all personal identifiable aspects of all End User Data as confidential pursuant to the Privacy Policy.
    6.3.4 All third parties authorized by BRCK which may have access to the End User Data shall be under obligations of confidentiality to maintain the End User Data as confidential pursuant to the Privacy Policy.

    6.4 BRCK Data:

    6.4.1 With the exception of End User Data, all other Data collected by BRCK is the sole property of BRCK.
    6.4.2 BRCK has the right to use, collect, store, create, aggregate, mine, analyze, modify, commercialize, assign, convey, sell, lease, license or transfer BRCK Data in any form, for any purpose and in any manner as described in Article IV.
    6.4.3 Any BRCK Data provided to you shall be subject to limitations and restrictions imposed by BRCK’s Privacy and Data Policy and other commercial Agreements to which BRCK may be a party.

    VII. GEOGRAPHIC RESTRICTIONS

    The Service and access to Wi-Fi connectivity are provided for access and use only by persons located in locations where the ExpressWiFi by Surf hotspots have been installed. You acknowledge that you may not be able to access the services while in other locations.

    VIII. UPDATES

    BRCK may from time to time in its sole discretion develop and provide updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that BRCK has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all updates will be deemed part of the Service and be subject to all terms and conditions of these Terms.

    IX. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    9.1 The Service is provided to you "as is, as available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, BRCK, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
    9.2 Without limitation to the foregoing, BRCK provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
    9.3 Without limiting the foregoing, neither BRCK nor any BRCK Advertiser makes any representation or warranty of any kind, express or implied:
    (i) as to the operation or availability of theService, or the information, content, the Service, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or emails sent from or on behalf of BRCK are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
    9.4 If Kenya does not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
    9.5 BRCK is not liable for the acts or omissions of its contractors, vendors and service providers

    X. INDEMNITY AND RELEASE

    You agree to release, indemnify and hold BRCK and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable legal fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

    XI. TERM AND TERMINATION

    11.1 These terms are is Effective once you login into the Service or acknowledge your acceptance of the terms and conditions and will continue in effect until you logout of the Service as set forth in herein.
    11.2 BRCK may terminate these Terms at any time without notice if it ceases to support the Service and provision of the Service, which BRCK may do in its sole discretion. In addition, BRCK may immediately terminate these Terms with or without any notice if you violate any of the terms and conditions of these Terms.
    11.3 Upon termination:
  • All rights granted to you under these Terms will also terminate;
  • Your access to the Service and your account will be terminated.
  • Termination will not limit any of BRCK's rights or remedies at law or in equity.

  • XII. LIMITATION OF LIABILITY

    121 To the fullest extent permitted by applicable law, in no event will BRCK or its affiliates, or any of its or their respective licensors or service providers, have any liability arising from or related to your use of or inability to use the Service for:
    a) Personal injury, property damage, lost profits, cost of substitute goods or services, loss or corruption data, loss of goodwill, business interruption, computer failure or malfunction or any other consequential, incidental, indirect, exemplary, special or punitive damages; b) Direct damages in tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or BRCK was advised of the possibility of such damages. some Jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to you.
    12.2 BRCK does not guarantee the continuous, uninterrupted or secure access to the Service, or any related services. The operation of the Service may be interfered with by numerous factors outside the control of BRCK.
    12.3 Under no circumstances shall BRCK be liable for any damages that result from the use of or inability to use the Service, including but not limited to reliance by you on any information obtained from the Service or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to BRCK records, programs, or services. user hereby acknowledges that this paragraph shall apply to all content, data, and information submitted through Service and you to the services available through the Service.

    XIII. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless BRCK and its officers, directors, employees, agents, affiliates, service providers, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, arising from or relating to your use or misuse of the Service or your breach of these Terms.

    XIV. GOVERNING LAW

    these Terms is governed by and construed in accordance with the Laws of Kenya without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the Kenyan courts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

    XV. LIMITATION OF TIME TO FILE CLAIMS

    Any cause of action or claim you may have arising out of or relating to these Terms or the application must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

    XVI. ENTIRE AGREEMENT

    These Terms constitutes the entire Agreement between you and BRCK with respect to the Service and the use of it and supersede all prior or contemporaneous understandings and Agreements, whether written or oral, with respect thereto. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern. If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

    XVII. SEVERABILITY

    Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

    XVIII. MODIFICATIONS

    We may revise these Terms from time to time, and will always post the most current version on the Service. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. If you have any questions or suggestions about our Data and Privacy Policy, do not hesitate to contact us on at info@brck.com