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TERMS AND CONDITIONS

BY USING AND/OR ACCESSING OUR PLATFORMS OR SERVICES, YOU AGREE TO BE BOUND BY OUR TERMS.

These terms and conditions together with our Privacy Policy and User Rules (collectively, the “Terms”) will form a written contract between you and LAPMONK.COM (herein referred to as “LAPMONK.COM”, “we”, “us” and “our”) and will govern our relationship and your use of our Platforms and/or Services. When we refer to “Platforms” we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us. “Services” refer to any products, goods, services or functionality offered, owned or operated by LAPMONK CO (K) LTD & LAPMONK.COM via our Platforms.

ARBITRATION NOTICE

You agree that disputes arising under these Terms Of Service will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LAPMONK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR COURT OF LAW TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.

ABOUT OUR TERMS AND CONDITIONS

You can either be an anonymous visitor, registered user, or subscriber to our Platforms; it may differ depending on the Platform you’re using. A registered user is a user that has registered on our Platforms and may get access to free content and free features. A subscriber is a user that has subscribed and paid a subscription fee and will get access to all content and paid features. An anonymous user of our Platforms is neither a registered user nor subscriber. In these Terms “users” refers to anonymous users, registered user and subscriber.

The general use of our Services, Platforms and any content on our Platforms is governed by our Terms. “Content” refers to any information, data, files, text, software, music, sound, photographs, graphics, images, video, messages, comments, hyperlinks or tags and other material appearing on our Platforms or Services and all applicable copyrights, trademarks, patents, logos or other intellectual property rights displayed on our Platforms or Services.

We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms and/or Services after we published changes to the Terms, you agree to be bound by the changed Terms. Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.

SERVICE OVERVIEW

LAPMONK is a professional services and digital media firm that offers integrated solutions. We empower you to discover enchanting possibilities that leave you inspired. LAPMONK offers Digital Media content (LAPMONK Journal), Business Consulting, Technology Consulting, Design Consulting, Research Consulting, Workplace solutions such as LAPMONK Scribe, LAPMONK Social, LAPMONK QR Code, LAPMONK Consult, LAPMONK Digiwork and LAPMONK Delux. Our emphasis is on providing you with the very best possible service, leading you through training and delivering forward thinking approaches. We bring expertise and experience you may be lacking, or complementary skills to help you grow your business enterprise.

MODIFICATION OF SERVICES

LAPMONK reserves the right to modify or discontinue all or any portion of Services or Products at any time (including by limiting or discontinuing certain features of the Service or Product), temporarily or permanently, without notice to you. LAPMONK will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Service fees are not refundable. You should retain copies of any User Content you Post to our platforms or services so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

GENERAL TERMS OF USE

  1. We are not liable for any damages if you decide to use the images or content from the website. Use at your own discretion.
  2. LAPMONK.COM reserves the right to remove, update and change content on the website at any time without notice to you.
  3. Use the website as is and kindly do not tamper with the website or its infrastructure.
  4. Should you decide to use the content from LAPMONK.COM website you must clearly attribute the source author and display the link from source origin.
  5. The source of LAPMONK’s content, including text, images and videos on your site, or in print, is not allowed without express permission. LAPMONK is not responsible for any complaints regarding content or images that you choose to display on your site or in print.
  6. LAPMONK.COM respects the intellectual property rights of others and expects users of the website to do the same. LAPMONK.COM reserves the right to remove content alleged to be infringing without prior notice so as to maintain good working relationship with community members and third parties as a way to instill professional confidence.

ELIGIBILITY

You must be at least 18-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the applicable Service; and (c) your registration and your use of the Service is in compliance with any and all laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

ACCOUNTS AND REGISTRATION

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.

During our interactions via email, video chat or other recommenced communication channel, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of the personal information you send to us by not sharing it with any other third party or anyone claiming to be working on our behalf. Information sharing should be between YOU (“The User or Client”) and The PRIMARY SERVICE PROVIDER (“LAPMONK”).

If you believe that your account is no longer secure, then you should immediately notify us at: hello@lapmonk.com

DELINQUENT ACCOUNTS

LAPMONK may suspend or terminate access to the its services and products or any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal fee is due or there is some payment pending, then LAPMONK reserves the right to delete your account and any information or user content associated with your account without any liability to you or LAPMONK.

CONTENT ON OUR PLATFORMS OR SERVICES AND INTELLECTUAL PROPERTY RIGHTS

Our Content

LAPMONK.COM owns or is entitled to use all of the Content made available on our Platforms or through our Services.

You may not, unless with our express consent:

  • Reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any Content;
  • Decompile or reverse engineer the Content, or reduce the Content to any format other than the format in which they were delivered;
  • Incorporate the Content into any other content for whatever purpose;
  • Remove any legal notices (copyright, trademark or other proprietary rights notices) in or on the Content; or
  • Frame any portion of a web page that is part of our Platforms or Services.

You may retrieve, store, cite or refer to or print Content from any of our Platforms or Services for educational, research, non-commercial, private or personal use only, as provided for under Kenyan copyright law and country specific copyright law internationally.

Content Usage

  • Kindly do not copy or provide the whole article, as it appears on our Platforms or Services, but only provide a short summary of the contents of the article;
  • Acknowledge us as the source of the Content as they are acknowledged on our Platform;
  • Provide a correct and working hyperlink to the source of the Content or article on our Platform;

News Aggregators

  • At the moment LAPMONK.COM does not support content aggregation nor does it have any viable RSS feeds due to capacity and support issues.
  • The content on LAPMONK.COM shall be consumed as it is across its Platforms or Services.
  • Caching of our Platforms or Services is not allowed
  • Our content shall not be modified in any manner whatsoever.

Your Content

You will retain ownership of any original Content which you may upload, transmit or store when using our Platforms or Services.

LAPMONK.COM will own all compilations, collective works or derivative works created by us which may incorporate your Content.

You grant us an irrevocable, perpetual, worldwide and royalty-free right and license to use, publicly display, publish, publicly perform, reproduce, distribute, broadcast, adapt, modify and promote on any medium, your Content which you may upload or make available for inclusion on publicly accessible areas on our Platforms or through our Services.

Any content you transmit or post to publicly accessible areas on our Platforms or Services shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such Content.

All information that you upload or share with us, must be true, accurate, relevant to our times and complete.

You warrant that you are authorized to supply such information to us.

In order to protect the integrity of our archives, we do not allow you to remove content provided by you after it has been published on any of our Platforms or publications.

User Content Representations and Warranties

LAPMONK disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via our Services. By providing User Content via our Service, you affirm, represent, and warrant that:

a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize LAPMONK and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by LAPMONK, it’s Services and these Terms;

b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause LAPMONK to violate any law or regulation; and

c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

d) your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment.

We reserve the right to suspend or terminate customer accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment.

User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. LAPMONK may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against LAPMONK with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, LAPMONK does not permit copyright-infringing activities through its services.

Monitoring Content

LAPMONK does not control and does not have any obligation to monitor: (a) User Content; (ii) any content made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that LAPMONK reserves the right to, and may from time to time, monitor any and all information transmitted or received through its Services for operational and other purposes. If at any time LAPMONK chooses to monitor the content, LAPMONK still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

Third Party Content

Our Platforms or Services may include, from time to time, Content or advertisements from third parties and/or external links to other websites possessing their own content (“Third Party Content”).

You acknowledge that the Third-Party Content:

  • Is beyond the control of LAPMONK.COM and that any reliance on any representation, statement or information contained in Third Party Content is at your risk.
  • Cannot be verified by LAPMONK.COM, and that LAPMONK.COM cannot be expected to determine its accuracy or reasonableness; and
  • May contain representations, statements or information which does not represent the views, opinions or beliefs of LAPMONK.COM, its associates, partners or employees.

FEEDBACK

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements through our contact form or any of our messeging channels as well as social media accounts, then you hereby grant LAPMONK an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

We welcome and appreciate your feedback. When you provide feedback to LAPMONK, you authorize us to use your feedback for any purposes at our sole discretion.

EXTERNAL LINKS NOTICE

LAPMONK.COM routinely contain links to external, third party websites. By providing links to other sites, LAPMONK.COM does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to LAPMONK.COM. It must be noted that LAPMONK.COM does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Website Visitors to LAPMONK.COM assume complete responsibility and risk in their use of any external sites.

PUBLICATION SCHEDULES

Publications are published according to varying schedules. It can be weekly, fortnightly, monthly, or quarterly. Sometimes the publications are skipped for a few weeks, or months, or cancelled entirely. We will do our utmost to show current publication schedules. Since the publication schedules are managed by the publishers and not by us, delivery times can vary from those indicated on the publication schedule.

COMMUNICATIONS

You agree that LAPMONK.COM or its affiliates may from time to time send you communications (including editorial newsletters, information regarding new services or products launched or special offers or discounts which LAPMONK.COM may negotiate for and offer to its users). All communications will abide by our Privacy Policy and applicable law. You will always be entitled to notify us in writing that you do not wish to receive or continue to receive such communications.

We will also from time to time send you service communications. These communications are required in order to manage your Services. You will not be able to opt-out from receiving these communications for as long as you use the Service.

OWNERSHIP; PROPRIETARY RIGHTS

Our services are owned and operated by LAPMONK CO (K) LTD. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of  our services (“Materials”) provided by LAPMONK are protected by intellectual property and other laws. LAPMONK reserves all rights to the Materials not granted expressly in these Terms. The LAPMONK LOGO, SLOGAN, LAPMONK BRAND ASSESTS & TRADEMARKS AS WELL AS ITS DIGITAL PROPERTIES are protected by intellectual property laws in Kenya and Internationally.

THIRD PARTY PRODUCTS, SOFTWARE, WEBSITES AND SERVICES

LAPMONK provides tools through their Services that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your account on LAPMONK with an account on a third party social network service, such as Twitter or Facebook. By using one of these tools, you agree that LAPMONK may transfer that information to and from the applicable third party service. Third party services are not under LAPMONK’s control, and LAPMONK is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under LAPMONK’s control, and LAPMONK is not responsible for their content.

LAPMONK may offer services or products of third parties, or Services in conjunction with that of third parties. LAPMONK provides such services or products subject to the terms, conditions and limitations imposed by those third parties.

If those third parties change, suspend or stop providing such services or products, LAPMONK may similarly change, suspend or stop providing it to you. LAPMONK may nevertheless endeavour to provide such a service in another way or by using another supplier or service provider.

When you acquire services or products from a third party through any of our Platforms or Services, you understand and agree that:

  • We are not a party to the contract between you and the third party;
  • We are under no obligation to monitor the third-party service used by you;
  • The third party will be responsible for all obligations under the contract including (without limitation) warranties or guarantees; and
  • You will evaluate the product or service and the applicable terms and conditions before acquiring the product or service.

USER ID

Any username, password or other log-in allocated to you or created by you when subscribing to or using our Platforms or Services (“User ID”) will entitle you to access the Platforms or Services, subject to you complying with the Terms.

Your User ID is personal to you. You –

  • Should keep your User ID confidential and not disclose it to any third party;
  • Should inform us promptly if a third-party gains access to your User ID;
  • Are responsible for all payments, use of, or activity on our Platforms or Services under your User ID;
  • Will not do multiple logins (log-in at any one point in time more than once using the same User ID)
  • Will not circumvent our User ID authentication procedures or systems;
  • You are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your User ID.

While a User ID is personal to you, we own it. You may accordingly not sell or otherwise transfer any entitlements thereto to a User ID. You will also not retain any entitlements to your User ID once this agreement ends.

AVAILABILITY

While we endeavour to ensure that our Platforms and Services are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms or Services are unavailable at any time or for any period.

Access to our Platforms or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. Some of our Platforms and/or Services may contain additional rules or terms from time to time, which may be relevant to specific Services you use or subscribe to. By using those Services, you agree to be bound by such additional rules and/or terms.

We reserve the right to amend, suspend or discontinue any Service or Platform, or any aspect thereof, including but not limited to available content, times of availability or equipment needed for access or use.

PAYMENT TERMS

While purchasing products or services from LAPMONK one may be required to pay fees while seeking services or purchasing products through our online store. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms. Fees vary based on the plan, products or services with different pricing schemes for individual users and organizations.

Payments can be made via Paypal through third party payment platforms and approved payment platforms. All other payment methods will be communicated to you as soon as they become available.

For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Check with your payment method service provider for details.

ADVISORY/CONSULTING SERVICE TERMS

If a customer decides to seek for LAPMONK Advisory services they have to note the following:

Advisory Terms of Engagement

  • Before any kind of business is conducted a quotation will be drafted and it will contain the significant costs to be incurred by the customer.
  • After making an arrangement on the work to be done and the customer has accepted the quotation then the customer has to pay 60% of the project price as down payment which is non-refundable and non-negotiable.
  • After the work is done and completed the client will be allowed to review the project to assess if it has been done as per the project requirements. When client is satisfied he/she has to pay the remaining 40% before they can be handed over the work.
  • For customized work such as if a customer requests for LAPMONK DELUX (Tailored Services), the prices will depend on the project value, negotiation with the client to reach an mutual understandable price. Once the project scope has been determined and agreed upon, the customer has to pay 60% down payment which is non-refundable and non-negotiable.
  • After the work is done and completed the client will be allowed to review the project to assess if it has been done as per the project requirements. When client is satisfied he/she has to pay the remaining 40% before they can be handed over the work.
  • Any additional request on the project scope that is not part of the agreed upon project scope will incur a project fee of 20% of the total initial project value per request.
  • The service provider (LAPMONK) will showcase the work done on their portfolio section without any objection from the customer.
  • The service provider (LAPMONK) shall not be held liable for the customer’s or client’s legal issues with regards to their work or project incase they decide to engage in unlawful or illegal business practices.
  • The client/customer is supposed to provide the service provider (LAPMONK) with multimedia files (Video, Audio and Images) to be used in their project engagement as per the quotation and service provider (LAPMONK) together with its employees will not be held liable for any multimedia file (Video, Audio and Image) provided by the client/customer which infringes on copyrights.

Advisory Meetings

  • Book and Schedule a meeting via video chat or telephone call so that we can discuss your business or other services. All our meetings are mostly online. Pay USD 25 per session (60 minutes).
  • Unless necessary onsite visits to the customer premises within Kenya, the customer will be billed at USD 45 per session (60 minutes) plus a variable travel expense fee depending on travel location and prevailing market conditions. For more information kindly contact: hello@lapmonk.com
  • For international customers who seek our services on their onsite premises, the customer will be billed with respective fees as per heir geographical location and other travel costs such as air travel, accomodation and road or rail transportation while servicing the customer. For more information kindly contact: hello@lapmonk.com

Advisory Work Terms

  • Once all project fees are paid in full to LAPMONK (The Service Provider) any elements of text, graphics, photos, contents, trademarks, or other artwork furnished by you for inclusion in any project are owned by you.
  • LAPMONK has Explicit permission from the customer or rightful owner to use images, or design elements provided by you for inclusion in the project and will hold harmless, protect and defend LAPMONK from any claim or suit arising from the use of such elements.
  • LAPMONK retains the right to display graphics and other content elements as examples of their work in their portfolio and as content features in other projects.
  • All quotations for tailored or customized services (LAPMONK DELUX) are valid for only one month after which a review of prices will be required.

Advisory Services Termination

LAPMONK may suspend or terminate access to Advisory Services for any customer/client account for which any amount is due but unpaid. In addition to the amount due for the Service, an inactive customer account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

PROHIBITED CONDUCT

BY USING LAPMONK’S SERVICES AND WEBSITE YOU AGREE NOT TO:

  • Use our Services for any illegal purpose or in violation of any local, state, national, or international law;
  • Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  • Interfere with security-related features of Our Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of our Services except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
  • Modify or create derivatives of any part of our Services;
  • Interfere with the operation of our Services or any user’s enjoyment of our Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of our Services; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide our Services;
  • Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
  • Take action that imposes an unreasonable or disproportionately large load on the infrastructure of Services of LAPMONK’s systems or networks, or any systems or networks connected to LAPMONK;
  • Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

INDEMNITY

You are responsible for your use of LAPMONK’s Services, and you will defend and indemnify LAPMONK and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “LAPMONK Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, our Services; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

WARRANTY DISCLAIMER

To the fullest extent permitted by law, LAPMONK, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website, its services and your use thereof. LAPMONK makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to the LAPMONK website, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (v) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the website. LAPMONK does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party or other parties through their services or any hyperlinked website, or featured in any banner or other advertising, and LAPMONK will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

You agree that LAPMONK and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the LAPMONK website and its services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from our services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on our services; or (v) any other matter relating to the website and its services.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by withholding the Kenyan Arbitration Act, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Kenyan Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

WAIVER AND SEVERABILITY OF TERMS

At any time, should LAPMONK fail to exercise or enforce any right or provision of the Terms of Service, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your customer account shall terminate upon your death. In case of any unpaid fees the next of kin shall be notified through contacts provided by the customer. Upon receipt of a copy of a death certificate, your customer account may be terminated and all contents as well as contracts, subscriptions are therein permanently deleted or discontinued.

INTERNATIONAL CUSTOMERS

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Terms of Service must be filed within 1 year after said claim or cause of action arose or shall be forever barred.

TRADEMARKS

LAPMONK, the LAPMONK logo, and other LAPMONK logos and names are trademarks of LAPMONK and its subsidiaries. You agree not to display or use these trademarks in any manner without LAPMONK’s prior, written consent.

NOTIFICATION OF CHANGES

Each time LAPMONK changes its Terms of Service, it will post those changes in the Terms of Service Section on the website and other places that are deemed appropriate to make users aware of such changes. With regards to the changes or updates to the Terms of Service, we retain the right to introduce, amend, upgrade or alter this Terms of Service at any time, simply by publishing these revisions, updates or amendments to the Website and without warning to you or as required by relevant legislation. Any such modification, upgrade or alteration shall take place immediately after publishing on the Web. It is your duty, from time to time, to revisit the Terms of Service and ensure that you continue and comply on all its terms.

CONTACT US

LAPMONK CO (K) LTD runs this website. Please feel free to contact us at the following email address if you have any concerns about the Terms of Service related to this website: terms@lapmonk.com

EFFECTIVE AS OF NOVEMBER 1ST 2023