TERMS & CONDITIONS
Policy effective date: 12th day of February 2024.
1. INTRODUCTION
1.1 Welcome to Zuriscore services. Read our Terms and Conditions (hereinafter referred
to as "this Agreement", "T&Cs") carefully. If you continue using Zuriscore (hereinafter
"Service Provider", "we", "our" or "us") web system and any other Zuriscore services,
you are agreeing to comply with and be bound by the following Terms and Conditions
of use, which govern Zuriscore's relationship with you (hereafter defined), in the
continued use of Zuriscore services.
1.2 These Terms and Conditions are legally binding and includes restrictions, limitations
and conditions (including limitations on liability) and waivers of important legal rights.
By continuing to use our services, you acknowledge that you are freely and voluntarily
consenting to use of your personal data and legal rights. If you do not agree with any
of the terms, waivers, limitations, restrictions and/or other conditions set forth in this
Agreement, or if you do not agree with, or agree to assume, the risk(s) set forth in this
Agreement, do not upload/share a financial statement, do not utilize the services being
offered, and/or do not enter into this Agreement.
1.3 This Agreement shall be updated from time to time by the Service Provider, and such
changes updated on the channels designated by the Service Provider, including but not
limited to its website and notices. It is your responsibility to review and acquaint
yourself with these changes. These revisions may arise as a result of introduction of
new products or features, changes in the law, or any other reason whatsoever. By
continuing to use our services, you will be considered as having read, understood and
consented to the updated Agreement.
1.4 Users of our systems agree that the terms herein are fair, and this Agreement, solely by
reason of drafting cannot be interpreted, at any time against the Service Provider when
a dispute arises.
2. DEFINITIONS
2.1 For the purposes of this Agreement, the following definitions shall apply:
i. “Access Credentials” means the usernames, passwords and other credentials enabling
access to the Services, including both access credentials for the User Interface and
access credentials for the API.
ii. “Agreement” means these Terms & Conditions of Service as read with the Privacy
Policy, Schedules and Annexes hereto.
iii. “Charges”/ “fees” means both recurring and non-recurring charges paid by the user to
the Service Provider in respect of the services offered.
iv. “Commencement Date” means the date the user starts using our services.
v. “Consent” means any manifestation of express, unequivocal, free, specific and
informed indication of the data subject's/users wishes by a statement or by a clear
affirmative action, signifying agreement to the processing of personal data relating to
the data subject.
vi. “Customer” / “Consumer” / “User” / “You” / “Your”– shall refer to the individual
that accesses or uses our website.
vii. “Data” means any proprietary and confidential information or Personal Data of the
parties and those of their customers and clients, whether commercial, financial,
technical or otherwise (whether oral, written, machine readable or in any other form)
and material (whether electronically recorded, written or otherwise).
viii. “Data Commissioner” the Commissioner is to oversee the implementation of and be
responsible for the enforcement of the Data Protection Act. The Commissioner willexercise oversight on data processing operations, either of own motion or at the request of a data subject, and verify whether the processing of data is done in accordance with
the DPA (hereinafter defined).
ix. “Data Controller” determines the purpose and means of processing of personal data.
x. “Data Processor” Processes personal data on behalf of the data controller.
xi. “Data Subject” means an identified or identifiable natural person who is the subject of
personal data.
xii. “DPA” means the Data Protection Act, 2019 (No. 24 of 2019).
xiii. “Financial Data” means the data extracted from financial statements uploaded/shared
by user.
xiv. “Force Majeure Event” means an event, or a series of related events, that is outside
the reasonable control of the party affected (which may include failures of the internet
or any public telecommunications network, hacker attacks, denial of service attacks,
virus or other malicious software attacks or infections, power failures, industrial
disputes affecting any third party, changes to the law, disasters, epidemics, pandemics,
explosions, fires, floods, riots, terrorist attacks and wars).
xv. “Includes” - means that what follows is not necessarily exhaustive and therefore the
examples given are not the only things/situations included in the meaning or
explanation of that text.
xvi. “Parties” shall refer to a party to this Agreement;
xvii. “Personal data” shall mean any information relating to an identified or identifiable
natural person; an identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an identification
number, location data, an online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the avoidance of doubt, Personal Data has the meaning as set forth
in the applicable Data Protection Laws (and any regulations issued there under) that is
processed by the Company under these terms and conditions.
xviii. “Privacy Policy” means written document by the Service Provider that outlines how
personal information is collected, used, stored and protected by the Service Provider
xix. “Services” means the services provided by the Service Provider.
xx. “Website” / “Site” / “Platform” shall refer to https://Zuriscore.com/ and related
subdomains.
xxi. “Zuriscore”/ “Company” / “We”/ “Us”/ “Our” refers to the service provider of
Zuriscore services.
3. PRIVACY POLICY
3.1 Introduction
Your privacy is critical to us. This privacy statement explains the personal data
Zuriscore Limited collects, how we process it, and for what purposes. This statement
applies to all customers, suppliers, agents, and all consumers of our Services
3.2 Collection of Information
We may collect your personal information, financial information and usage
information with your knowledge and consent when you do any of the following:
i. visit, access or use Zuriscore or third-party websites
ii. upload a financial statement on our websites or share it to our emails;
iii. use a Zuriscore product or service online, on a mobile or other device;
iv. ask Zuriscore for more information about a product or service or contact
Zuriscore with a query or complaint;
v. respond to or participate in a survey, marketing promotion or special offer
vi. we may also collect your information from other organizations including
credit-reference bureaus, business directories and fraud prevention agencies.
We may also collect your information from our partner organizations which
have subcontracted us to analyze data for them;
vii. we may collect your information when you interact with us as a customer,
supplier, agent, and consumer of our Services as prescribed in this statement.
3.3 What Information is Collected
The information we collect about you includes but is not limited to the following:
i. your identify information, including your name, email address, phone number, identity document type and number;
ii. your financial transactions included in the financial statements you provide
to us for analysis;
iii. name, age, profiling information such as level of education, occupation, etc.
collected as part of voluntary surveys conducted by ZuriScore and our
agents on behalf of us;
iv. your contact with us, such as when you call, interact with us through our
social media channels, emails and other channels that may be provided for
direct user interaction;
v. IP addresses, operating systems, referring web pages, locations, mobile
carriers, devices used, search terms and cookies used to access our services,
to help us diagnose problems and improve site user experience.
3.4 How We Use Your Information
We may use and analyze your information for the following purposes:
i. provide, operate, and maintain our services;
ii. improve, personalize, and expand our services;
iii. understand and analyze how you use our services;
iv. develop new products, services, features, and functionality;
v. communicate with you, either directly or through one of our partners,
including for customer service, to provide you with updates and other
information relating to our website, and for marketing and promotional
purposes;
vi. for research, statistical, survey and other scientific or business purposes;
vii. provide aggregated data (which do not contain any identifying information
which may identify you as an individual) to third-parties for research and
scientific purpose.
3.5 Data Protection
We adopt appropriate data collection, storage, and processing practices and security
measures to protect against unauthorized access, alteration, disclosure, or destruction of
your personal and transactional information, username, password, transaction
information, and data stored on our site.
3.6 Lawful Basis for Processing Your Information
We will process your personal information based on any of the lawful basis
provided for under the Data Protection Law:
i. The performance of a Product/Service Agreement with you;
ii. ZuriScore's legitimate business interests
iii. Consent you provide;
iv. Your vital interest.
3.7 Retention of Information
i. We will keep your personal information only for as long as necessary to fulfill the
reasons we gathered it for, which includes meeting any legal, regulatory, tax,
accounting, or reporting obligations. If there's a complaint or a likelihood of legal
action regarding our relationship with you, we may retain your personal information
for a longer duration.
ii. When determining how long to retain personal data, we take into account factors such
as the type, amount, and sensitivity of the information, the potential risk of
unauthorized access or disclosure, the purposes for which we use the data and whether those purposes can be achieved through other means, our internal policies, and
relevant legal or regulatory requirements.
iii. Information that has been anonymized and can no longer be linked to you may be
kept indefinitely.
3.7 Your Data Protection Rights
Under the data protection laws of Kenya, you have various rights in relation to your
personal data. These include:
i. The right to access your personal data
ii. The right to correct inaccurate or incomplete personal data
iii. The right to delete your personal data
iv. The right to restrict or object to the processing of your personal data
To exercise these rights, please contact us at hello@zuriscore.com.
We may require specific information from you to verify your identity and validate
your right to access your personal data (or exercise any other rights you may have). This
measure is essential for safeguarding against unauthorized disclosure of personal data to
individuals without the rightful entitlement to receive it. Additionally, we may reach out
to you for additional details related to your request in order to expedite our response.
We try to respond to all legitimate requests within a reasonable time. Occasionally,
it could take us longer if your request is particularly complex or you have made a number
of requests. Should this occur, we will notify you and keep you updated.
3.9 Non-Compliance with this Statement
ZuriScore reserves the right to terminate any agreement with you if there is a failure
to adhere to the provisions outlined in this statement, and to decline any request for
information contrary to this statement.
3.10 Amendments to this Statement
We reserve the right to make changes to this statement at any time. We will notify
you of any changes by posting the new statement on this page.
3.11 How to Contact Us
If you have any questions about this Statement, please contact us at
hello@zuriscore.com.
4. USER AGREEMENT
4.1 By opting to use any of our Services, you accept this Agreement and acknowledge
that you have carefully read the Terms and Conditions, that you have understood
them, and that you accept them in their entirety and without reservation. This
Agreement is limited to the Services offered by us, and is not intended to modify
other Agreements that may govern the relationship between you and us in other
contexts.
4.2 The user agrees to use ZuriScore services only if they are 18 years and above.
4.3 Upon accessing and using the site, you acknowledge and agree that we may
automatically collect, store and use your information, including but not limited to, IP
addresses, operating systems, referring web pages, locations, mobile carriers, devices
used (i.e., cell phones, laptops, tablets, among others), search terms and cookie
information (collectively, the “Derivative Data”) to help us diagnose problems and
improve the site for user experience.
4.4 The user agrees to provide ZuriScore Limited with accurate financial data which the
Company will analyze and generate a one-time report from. This report will be
generated upon payment of a fixed fee, and ZuriScore Limited will endeavor to share
the report with the user in a period of up to fourteen working days.
4.5 In order to consume ZuriScore services, you acknowledge and agree that you may be
required to provide financial information, personal information such as, but not
limited to, name, email address, national identity number, mailing address, zip code,
telephone number, date of birth, age verification and/or country of residence
(collectively, the “Personal Information”). You acknowledge and agree that we may
collect, store and use the Personal Information for legitimate business purposes, such
as, but not limited to analyzing financial data, reporting analysis findings, responding
to user's service requests, among others. If you do not agree with these terms and
conditions, do not provide any financial and personal data to the Company.
4.6 Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and materials
found or offered in the Company's services. You acknowledge that such information
and materials may contain inaccuracies or errors, and we expressly exclude liability
for any such inaccuracies or errors to the fullest extent permitted by law.
4.7 The user agrees to provide only their own financial and personal data for analysis by
the company. User can also provide financial and personal data of a different person
or entity to which they have express approval to do so. It shall be the user's
responsibility to ensure they have approval to provide any data to the Company for
analysis. ZuriScore will not be liable for any dispute whatsoever arising from the
provided data and analyzed reports.
4.8 You agree that you shall indemnify, defend, and hold us harmless from any claim or
liability resulting from your failure to notify us of a change in the information you
have provided to us.
4.9 You agree that you will be responsible for all costs (including attorneys' fees) and
liabilities incurred by us, as a result of claims brought by individual(s) due to your
failure to notify us of a change in the information you have provided to us. This duty
and agreement shall survive any cancellation or termination of your agreement to
purchase our services.
4.10 Your use of any information or materials in the website is entirely at your own risk,
for which we shall not be liable. It shall be your responsibility to ensure that any
products, services or information available through this website and other Company
services meet your specific requirements.
4.11 This website contains material which is owned by or licensed to us. This material
includes, but is not limited to, the design, layout, look, appearance, graphics, and
other proprietary works. Reproduction is prohibited other than in accordance with the
copyright notice, which forms part of this Agreement.
4.12 This website and other company resources may include links to other websites from
time to time. These links are provided for your convenience to provide further
information. They do not signify that we endorse the linked website(s). We have no
responsibility for the content of the linked website(s).
4.13 Unauthorized use of this website may give rise to a claim for damages and/or be a
criminal offence.
4.14 Your use of this website and any dispute arising out of such use of the website is
subject to the laws of the Republic of Kenya.
4.15 All financial statements submitted to the Company for analysis, shall be auto-deleted
on the third day from the day of receipt. This is to avoid unnecessary data storage
beyond the required time as guided by the Law.
4.16 To ensure that Company provides a high-quality experience for you and other users of
the Website and Services, you agree that Company or its representatives may access
your account and records on a case-by-case basis to investigate complaints or
allegations of abuse, infringement of third-party rights, or other unauthorized uses of
the Website or the Services. Company does not intend to disclose the existence or
occurrence of such an investigation unless required by law, but Company reserves the
right to terminate your account or your access to the Website immediately, with or
without notice to you and without liability to you, if the Company believes that you
violated any of the Terms of Use, furnished Company with false or misleading
information, or interfered with use of the Website or the Service by others.
5. USER RESPONSIBILITIES
5.1 User shall be responsible for maintaining confidentiality of information provided or
obtained from our systems, and agrees to accept all risks of unauthorized access to
their information.
5.2 User agrees to use information from our platforms only for the purposes it was
provided for. Any personal information shared with you should be handled in
accordance with the Data Protection Act.
5.3 In consideration of provision of the Services, users shall pay the Service Provider
charges which are subject to revision periodically, with such changes communicated
through channels designated by the Service Provider. Unless expressly specified
otherwise in these Terms & Conditions, all charges are non-refundable.
5.4 In order to access and use certain features of our Services, you may be required to
register for an account. If you have an account with us, you agree to:
(a) provided accurate, current and complete information.
(b) maintain and promptly update your account information to keep it accurate,
current and complete.
(c) maintain the security of your account and accept all risks of unauthorized
access to your account and the information provided to us.
(d) Immediately notify us if you discover or otherwise suspect any security
breaches related to your account or the Services.
5.5 User must not use the Services in any way that is unlawful, illegal, fraudulent,
libelous, defamatory, scandalous, threatening, harassing, malicious or harmful; or in
connection with any unlawful, illegal, fraudulent, libelous, defamatory, scandalous,
threatening, harassing, malicious or harmful purpose or activity.
5.6 User is responsible for obtaining and maintaining any equipment and ancillary
services needed to connect to, access or otherwise use the Services, including without
limitation, internet access, hardware and software (collectively, "Equipment"). User
shall also be responsible for maintaining the security of the Equipment, passwords
and files.
5.7 Company imposes certain restrictions on your permissible use of our Services. You
are prohibited from violating or attempting to violate any security features of our
Services, including but not limited to:
(a) attempting to probe, scan, or test the vulnerabilities of our Services, or any
associated system or network, or to breach security or authentication measures
without proper prior authorization;
(b) attempting to modify, decompile, reverse-engineer, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source
code used by the Company in providing Services;
(c) accessing content or data not intended for you, or logging onto a server or
account that you are not authorized to access;
(d) interfering or attempting to interfere with service to any user, host, or network,
including, without limitation, by means of submitting malicious software to
the Website or Services, overloading, “spamming”, “flooding”, “crashing”, or
“mail bombing”;
(e) forging any TCP/IP packet header or any part of the header information in any
posting using the Service; or
(d) using the Website or Service to send unsolicited e-mails, including, without
limitation, promotions, or advertisements
Any violation of system or network system may subject you to civil and/or criminal
liability.
6. SYSTEM PERFORMANCE, ERRORS, AND INDEMNITY
6.1 The Service Provider endeavors to provide a high-quality service. However, due to
factors beyond our control, including but not limited to internet connectivity,
hardware or software failures, and other technical issues, the Service may
occasionally be interrupted, delayed, or contain errors.
6.2 The Service Provider does not warrant or guarantee the accuracy, completeness,
reliability, or timeliness of the information provided through the Service. You
acknowledge that any reliance on such information is at your own risk.
6.3 You agree to indemnify and hold harmless the Service Provider, its affiliates,
employees, and agents from any claims, damages, losses, liabilities, costs, or expenses
(including legal fees) arising out of or in connection with your use of the Service or
any breach of these terms and conditions.
7. LIMITATIONS AND LIABILITY
7.1 Neither ZuriScore nor any other indemnified party are or will be responsible or liable
to you or to any third party for any indirect, incidental, consequential, special,
exemplary, or punitive damages of any type as well for as any multiplier on or
increase to damages, under any contract, tort, negligence, strict liability, statutory,
common law, equitable, or other theory arising out of or relating in any way to the
site, or the materials on the site. Without limiting the foregoing, you expressly
acknowledge and agree that ZuriScore and any other indemnified party shall have no
liability or responsibility whatsoever.
7.2 You warrant and represent to Us that you have all necessary rights, power, and
authority to agree to these Terms of Use and perform your obligations hereunder, and
nothing contained in this Agreement or in the performance of such obligations will
place you in breach of any other contract or obligation. The failure of either party to
exercise in any respect any right provided for herein will not be deemed a waiver of
any further rights hereunder. If any provision of this Terms and Conditions is found to
be unenforceable or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that this Agreement will otherwise remain in full force
and effect and enforceable.
8. INTELLECTUAL PROPERTY
8.1 All intellectual property rights, including copyright, in the Service and its contents,
belong to the Service Provider. You acknowledge that no ownership or rights in the
Service are transferred to you by downloading or accessing any information or
materials from the Service.
8.2 The logos of the Company, the look and feel of the Services, and any other product or
service names, logos, or slogans associated with products or services within the
Services are protected trademarks, service marks, and/or trade dress of the Company,
our suppliers, or licensors. They may not be copied, imitated, or used, either in whole
or in part, without prior written authorization from the Company or the relevant
trademark holder. Any permitted use of these trademarks, service marks, and/or trade
dress must adhere to the guidelines provided by the Company.
8.3 You may not reproduce, distribute, modify, create derivative works of, publicly
display, or perform the Service or any part thereof unless expressly permitted by the
Service Provider in writing.
9. WARRANTY AND DISCLAIMERS
9.1 The Company hereby disclaims all warranties. The website is provided "as is" without
any warranty whatsoever. The Services are offered solely for informational purposes
and should not be interpreted as legal, financial, or any other form of professional
advice, unless expressly stated otherwise, nor as the Company's official position on
any subject matter. The Services should not be relied upon for purposes of
transactions in securities or other investments. The Company does not represent or
warrant that:
(a) The Services are accurate, complete, reliable, current, or free from errors;
(b) The Services or our server(s) are devoid of viruses or other harmful
elements. You should employ industry-recognized software to detect and
remove viruses or other harmful elements from any downloads obtained
from the Services.
9.2 Unless explicitly stated otherwise in written form by the Company, the Services are
provided on an "as is" basis without any warranties, and, to the maximum extent
permitted by applicable law, the Company disclaims all statutory and implied
warranties, including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, title, and non-infringement.
9.3 You assume all risks of any damage or loss arising from the use of, or inability to use,
the Website or the Service.
10. GOVERNING LAW AND JURISDICTION
10.1 This Agreement shall be governed by and construed in accordance with the laws of
the Republic of Kenya. You hereby irrevocably consent to the exclusive jurisdiction
of the courts in Kenya in all claims arising out of or related to the use of our website.
10.2 Each party shall be responsible for their respective taxes and all statutory payments
including, without limitation, income tax and any other taxes payable in connection
with their income under this agreement.
10.3 In the event of a dispute, claim, or controversy between you and Us, or any third-party
service provider acting on Our behalf to provide the Service, arising from state
statutory claims, common law claims, this Agreement, or its breach, termination,
enforcement, interpretation, or validity, including determining the scope or
applicability of this arbitration agreement, such matters shall be resolved by
arbitration in Nairobi, Kenya, to the maximum extent permitted by law, before one
arbitrator or through any other Alternative Dispute Resolution Methods governed by
Kenyan laws.
10.4 The parties agree to abide by binding arbitration in accordance with Kenyan laws.
Unless otherwise stated herein, the arbitrator shall apply the substantive laws of the
principal place where the business is located, without regard to any other laws. Within
thirty (30) calendar days of receiving the arbitration demand, the parties must jointly
select an arbitrator with at least five years of experience in that capacity and
familiarity with the dispute's subject matter. If the parties fail to agree on an arbitrator
within this timeframe, a party may request the Court to appoint an arbitrator meeting
the same experience requirement.
10.5 The parties agree that the arbitrator may only award Advocates' fees to the extent
explicitly authorized by statute or contract. The arbitrator has no authority to award
punitive damages, and each party hereby waives any right to seek or recover punitive
damages in any arbitration. The parties agree to arbitrate solely on an individual basis;
this agreement does not allow for class arbitration or claims brought as a plaintiff or
class member in any class or representative arbitration proceeding. Except as required
by law, neither party nor the arbitrator may disclose the existence, content, or results
of any arbitration without both parties' prior written consent, unless necessary to
protect or pursue a legal right.
10.6 If any term or provision of this section is deemed invalid, illegal, or unenforceable in
any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any
other term or provision of this section or invalidate or render unenforceable such term
or provision in any other jurisdiction. If a dispute proceeds in court rather than
arbitration for any reason, the parties hereby waive their right to a Court trial. This
arbitration provision shall remain valid even after cancellation or termination of your
agreement to purchase any of our Services.
11. MODIFICATION OF TERMS
11.1 The Company retains the right to modify these Terms. If the Company intends to
enact such a modification and we, at our sole discretion, deem the amendment to be
significant, we shall clearly publish on the Website that an amendment is underway.
You may contact us to discuss the proposed changes with us.
11.2 In the event that a court of competent jurisdiction deems an Amendment provision is
invalid, the Amendment clause shall be terminated, and this agreement between us
will revert to the previous set of terms governing the Website. All amendments to the
Terms shall be forward looking.
11.3 Any new features, alterations, updates, or improvements to Our Services will be
subject to these Terms/Agreement unless expressly stated otherwise in writing. We
reserve the right to change these Terms and Data Privacy Statement from time to time.
Any updates to these Terms will be communicated to you. You acknowledge your
obligation to periodically review these Terms and Conditions and to stay informed of
any changes. By continuing to utilize our service after any such modifications, you
agree to accept these Terms, as amended.
12. GENERAL TERMS
12.1 This Agreement does not establish any agency, joint venture, partnership, or
employment relationship, and neither Party has the authority to bind the other Party in
any manner.
12.2 Notices will be in writing, addressed to the representatives of ZuriScore and delivered
by electronic transmission to the legitimate email in record as communicated.
12.3 Should you require any assistance in accessing or using our Services, kindly get in
touch with us through hello@zuriscore.com
12.4 You consent to receive notifications from us electronically to your email address
availed to us.
