The purpose of BULKIT is to provide effective tools to enhance business operations. The core requirement guiding the use of our website is that you will abide by local and international laws when using our solutions. The spirit of use of the platform is that it will be used for positive work and importantly that it will not be used for illegal purposes.

This legal agreement governs your limited, non-exclusive and terminable right to use the BULKIT platform and any related services. If you do not agree to the terms of this agreement, you must not click accept. You acknowledge that you have read this agreement, understand it and agree to be bound by its terms and conditions.

1. We will make the Services available to You as the Customer using reasonable skill and care. You do however acknowledge and agree that the availability of the Services, Your ability to access and/or use the Services and the conducting of any given Chargeable Event may depend upon factors beyond Our reasonable control, including (but not limited to):
   1. Factors affecting the operation of the Services and/or preventing Chargeable Event from being successfully conducted such as, by way of example, geographical or topographical shortcomings in the network of any telecommunications network operator (“Network Operator”), network capacity, physical obstructions or atmospheric conditions; or
   2. Factors preventing end-users from receiving Chargeable Events such as, by way of example, the terms and conditions of an end-user’s service provider.
2. We cannot therefore guarantee:
   1. That the Services will be available to You at all times or free from faults or interruptions;
   2. The receipt by any intended recipient of any Chargeable Event sent using the Services (as applicable).
3. We will not be in any way liable for any failure to make the Services available to You to the extent that such failure results from a technical or other failures on the part of any Network Operator or any other event which is beyond Our reasonable control. We provide all services “as is” and “as available”, and We hereby do not warrant, represent or guarantee, whether expressly or by implication, that any Services are free of errors or interruptions, always available, fit for any purpose, secure or do not infringe any third party rights.
4. We may, at Our sole discretion, alter or improve the Services We provide to You at any time, provided that any such alteration does not materially affect the nature or detract from the functionality of the Services.
5. It may be necessary from time to time for Us to suspend the Services that We provide to You for routine or emergency maintenance and/or repairs and We will, in so far as it is reasonably possible, provide You with a reasonable period of notice prior to any such suspension.
   1. We may at Our sole discretion suspend Your access to the Services and/or cease to allow any Chargeable Events to be conducted by You at any time. We are entitled to terminate these Terms for any reason, in which case We will give You appropriate notice as soon as is reasonably possible.

BULKIT services are not targeted towards, nor intended for use by anyone under 18 years. By using Our services you present and warrant that you are of a majority age of 18+ years.

Any user who is of minority age ( less than 18 years old), confirms that their use of our services is supervised by a parent or guardian (who must be older than 18 years old) while using the system.

1. Introduction
   1. In the context of electronic messaging, "spam" means [unsolicited, bulk or indiscriminate messages].
   2. We have a zero-tolerance spam policy.
   3. You must prove that the recipients of your messages have agreed to receive messages from you.
2. Spam filtering
   1. Our messaging systems automatically scan all messages and filter out messages that appear to be spam.
   2. We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.
3. Spam filtering issues
   1. No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.
   2. If you believe that a legitimate message you have sent has been filtered out by our systems, please reach out to us within a reasonable time.
   3. You can reduce the risk of a message being caught by the spam filters by:
      1. avoiding the terminology and text styling typically used by spammers; and/or
      2. ensuring that your messages are scanned for malware before dispatch.
4. User spam
   1. We provide a facility that enables users to send messages to others.
   2. Users must not use our messaging facility or any of our other services to store, copy, send, relay or distribute spam.
   3. User Accounts that send out spam messages will be suspended or deactivated. BULKIT may report and/or participate in the prosecution of spammers.
5. Receipt of unwanted messages from us
   1. In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.
6. Variation
   1. We may amend this policy at any time by publishing a new version on our website.

1. In order to provide Our services, We may require certain information. You must ensure that the information is complete and accurate. We may suspend or terminate any service if You give information that is not complete and accurate. You warrant that all information You provide to Us is complete and accurate and You indemnify BULKIT against any liability that may arise as a result of Your failure to provide complete and accurate information. You must immediately notify Us if any of Your information changes.
2. Third-Party Analytics. We use Google Analytics to analyse the activities of visitors to this website, and Google’s authorised use of cookies and other tracking technologies enable it to have access to Personal Information of visitors to this website. Such access to and use of Personal Information by Google is governed by Google’s Privacy Policy.
3. We will give You or ask You to choose a username or customer ID for each account. We may change, cancel or suspend Your password which You will be notified about.
4. You:
   1. must keep Your username, customer ID and password confidential;
   2. must not circumvent, or attempt to circumvent Our user authentication systems;
   3. must tell Us immediately if there is any unauthorized use of Your account or any other breach of security;
   4. are entirely responsible for all payments and any activities that occur on Your account;
   5. are liable for any damage, loss or costs that we or any third party may sustain as a result of any of your actions, or any actions of a third party using Your password, account name or account information; and
   6. must indemnify Us against any claim from any use of Your password, account name or account information by a third party or as a result of Your violation of this section.

By using the BULKIT services, you agree that you are aware of any local and international laws that govern communication in your area and agree to be bound by these laws. You agree to be held responsible for any activity on your account which contravenes these laws

1. You will at all times keep confidential all information acquired as a consequence of using Our Services, except for information already in the public domain or information which You are required to disclose by law, requested by any Regulator or reasonably required by Your professional advisors for the performance of their professional services.
2. Each party will comply with all applicable data collection regulations in the processing of any personal data, including the mobile telephone numbers of Your end-user to whom messages will be sent as a consequence of making the Services available to You (such personal data referred herein collectively as “End-User Data”), under or in connection with the Agreement.
3. We will treat Your End-User Data as confidential and will not disclose it to any third party or use or copy any part of it except for the purposes of making the Services available to You and providing any technical support required. We will make no further use of Your End-User Data without your specific authorization.

1. The request for refund of unused credits has to be made officially on the company's letterhead, signed and stamped.
2. Unused credits can only be refunded for top ups made within 1 month at the time of the request.
3. BULKIT retains the sole discretion to approve refunds. Approval of the refunds will be communicated 48 hours after the request is submitted.
4. Cash will be refunded up to 50% of the total balance remaining in the account.
5. Refunds will be reimbursed by way of cheque or Mobile Money. The transaction costs will be borne by the user.
6. In cases where a user account is deactivated as a result of the client breaching the agreement, any unused credits in that account shall be deemed forfeited and shall not be refundable.

Either party may make use of the other party’s name and visual identity for publicity and marketing purposes, without prior consent. Should this be unacceptable to either party, the withdrawal of consent must be communicated in writing. Without limitation to the foregoing, no press release and/or any blog entry may be made by either party regarding this Agreement, without the prior consent of the other party.

1. All content, trademarks, and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to BULKIT, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to You in these Terms, all other intellectual property rights on this website are expressly reserved.
2. We may grant You an individual, personal, non-exclusive and non-transferable license (“the License”) to use our proprietary software or application service, in object code form only, and only in accordance with the applicable Service-Specific terms and other documentation, if any, and only in conjunction with the relevant services. You may not reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of our software; modify, translate, or create derivative works based on the software or application; copy, rent, lease, distribute, assign, or otherwise transfer rights to the software or application; or remove any proprietary notices or labels with regard to our services. We retain ownership of all proprietary applications, software, intellectual property and any portions or copies thereof, and all rights in it. You will notify Us of any suspected infringement of Our intellectual property of which You become aware and will take all reasonable action as We may direct in relation to that suspected infringement where such is directly and specifically related to the services we provide you.
3. These Licenses terminate when Our contract with you ends and you must destroy and stop using all of our software and applications in your possession. The software is provided and applications are offered “as is” and subject to the service warranty disclaimers and limitations of liability found elsewhere in these Terms. It is your responsibility to test the services before entering into this contract.
4. Content from Our website may not be used or exploited for any commercial and non-private purposes without Our prior written consent.

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BULKIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER SERVICES OBTAINED THROUGH THE SITE; (iii) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (iv) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR THE SERVICES OFFERED ON THE WEBSITE.
2. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BULKIT ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
3. You agree to indemnify and hold BULKIT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BULKIT by any third party due to, arising out of or in connection with your use of the website and/or the Services.
4. We will not be in any way liable for the content of any messages sent or transmitted using the Service and the full responsibility for their content shall rest on you. You must observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons with whom you communicate directly when using the Service. By using the Service you also agree to be bound by the Terms of Use.
5. Subject to any express provision to the contrary in these Terms, We will not in any circumstances be liable to You in contract, tort, negligence or otherwise for any economic loss (including, but not limited to, any loss or profits, business, contracts, revenue, turnover or anticipated savings) or for any indirect or consequential losses, whether or not they were foreseen or foreseeable.
6. Each party acknowledges that neither You, nor We, have entered into the Agreement on the basis of or in reliance upon any representation (save for any representation made fraudulently), warranty or other term except as otherwise expressly provided in the Terms and, as such, all conditions, warranties and other terms implied by statute, common law or otherwise are hereby excluded to the greatest extent permitted by law.
7. We shall at all times in respect of the subject matter of these Terms comply with all applicable laws, regulations and rules having equivalent effect.
8. You shall be responsible for explaining and answering to any complaints that We receive from any relevant regulatory body resulting from your use of the Service and/or Free Service. We will forward any complaints to you as soon as it is reasonably possible. You must follow the applicable complaint procedures and respond to each complaint within the timeframes specified by the relevant regulatory body and must forward a copy of your response to Us immediately. You will be liable for any fines and/or penalties imposed by any regulatory body against You or Us or any of our associated companies, due to Your contravention of these Terms.

Any claim relating to BULKIT SHALL BE GOVERNED BY THE LAWS OF THE REPUBLIC OF KENYA WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE COURT LOCATED IN THE REPUBLIC OF KENYA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A COURT TRIAL. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OF THIS AGREEMENT, OR A PORTION THEREOF, TO BE UNENFORCEABLE, THAT PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THIS AGREEMENT, AND THE REMAINDER OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT. A PRINTED VERSION OF THIS AGREEMENT SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS.