Terms and conditions of usage

1. Agreement to these terms

By creating an account, accessing or using the Service, you agree to be bound by these terms and by our Privacy policy. If you are agreeing on behalf of a business, you confirm that you are authorised to bind that business, and “you” means that business. If you do not agree to these terms, do not use the Service.

2. Who we are

The Service is provided by BD Computing Limited, the company that develops and operates LipaPOS (bdcomputing.co.ke). “We”, “us” and “our” mean BD Computing Limited. We are based in Kenya at Eldoret, Khetia’s Building, 4th floor, and you can reach us at [email protected] or [email protected], or on 0725 270 930 or 0719 155 083.

3. The service

LipaPOS is software that helps you sell, take payment, manage stock, staff and reporting, and run a back office. It is provided as a hosted service (software as a service) and may also run partly on devices you control.

We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during your subscription, subject to these terms. We may add, change or retire features at any time, and may run parts of the Service through subcontractors.

4. Accounts and eligibility

• You must be at least 18 years old and able to enter into a binding contract to use the Service.
• You are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for everything done under your account.
• You must tell us promptly about any unauthorised use of your account or any security breach you become aware of.
• Where you give your staff access, you are responsible for their use of the Service and for granting appropriate roles and permissions.

5. Subscriptions, fees and billing

Paid plans are billed in advance for the term you select, in the currency shown at checkout, and renew automatically unless cancelled before the end of the current term. Fees are exclusive of taxes (including VAT), which are added where applicable.

Except where required by law, fees are non-refundable. We may change our prices on reasonable notice; a price change applies from your next renewal. If a payment fails or is reversed, we may suspend the Service until the balance is settled.

6. Acceptable use

You agree not to, and not to permit anyone else to:

• use the Service unlawfully, or to infringe the rights of any person;
• reverse engineer, decompile, copy, resell, sublicense or otherwise exploit the Service except as expressly permitted;
• introduce malware, attempt to gain unauthorised access, probe, scan or disrupt the Service or its infrastructure;
• upload content that is unlawful, misleading, defamatory or that you do not have the right to use; or
• use the Service to process data in a way that breaches data-protection law, or to evade taxes or other legal obligations.

We may suspend or restrict access where we reasonably believe there is a breach, a security risk, or a legal requirement to do so.

7. Payments and M-Pesa

The Service helps you accept payments through third parties such as M-Pesa, card processors and banks. Those payments are made to your own merchant, paybill or till details and are settled to you by the relevant provider under that provider's terms — we are not a party to the payment, do not hold your customers' funds, and are not responsible for a provider's acts or omissions.

You are responsible for the accuracy of the payment details you configure, for your own pricing, taxes and receipts, and for complying with the rules of each payment provider and any consumer-protection and tax law that applies to your sales.

8. Your content and data

You own the business data you put into the Service — your products, prices, sales, customers and staff records (“Your Data”). You grant us the rights we need to host, process and back up Your Data to provide the Service, including through our subcontractors.

You are responsible for having a lawful basis to collect and process any personal data you enter, including your customers' data. Our handling of personal data is described in our Privacy policy. You should keep your own backups of data that is important to you.

9. Intellectual property

The Service, including its software, design, text, graphics, logos and trademarks, is owned by us or our licensors and is protected by intellectual-property law. We reserve all rights not expressly granted to you. You may not use our marks without our prior written consent.

10. Third-party services

The Service may connect to third-party products you choose to use (for example a payment provider, printer, fiscal device or messaging service). Those products are governed by their own terms and privacy practices, and we are not responsible for them. If you connect a third-party account, you authorise us to exchange the data needed for the integration to work.

11. Availability and support

We work to keep the Service available and to fix faults promptly, but we do not promise uninterrupted or error-free operation. We may perform maintenance, and some features depend on your devices, network or third-party providers. Support is provided through the channels we publish from time to time.

12. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all warranties, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will meet your requirements, or that reports, tax figures or stock counts will be free of error; you remain responsible for reviewing your own records and for meeting your legal obligations.

13. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill, data or business, however arising. Our total liability arising out of or relating to the Service is limited to the fees you paid us for the Service in the twelve months before the event giving rise to the claim.

Nothing in these terms limits liability that cannot lawfully be limited, including for fraud or wilful misconduct.

14. Indemnity

You agree to indemnify and hold us harmless from claims, losses and costs (including reasonable legal fees) arising from your use of the Service, Your Data, your sales, or your breach of these terms or of any law or third-party right.

15. Suspension and termination

You may stop using the Service and cancel your subscription at any time. We may suspend or terminate your access if you breach these terms, if your account is overdue, or where we are required to by law. On termination your right to use the Service ends.

Where your subscription ends, we will make Your Data available for export for a reasonable period on request, after which we may delete it in line with our Privacy policy and our retention obligations.

16. Governing law and disputes

These terms are governed by the laws of Kenya. The courts of Kenya have exclusive jurisdiction over any dispute arising from or relating to these terms or the Service, without prejudice to any right you may have to seek relief in a competent court.

17. Changes to these terms

We may update these terms from time to time. Where a change is material we will give reasonable notice — for example by email or an in-app notice — and the updated terms take effect from the date we publish them. Continued use of the Service after a change means you accept the updated terms.

18. Contact us

Questions about these terms? Contact us at [email protected] or [email protected], call 0725 270 930 or 0719 155 083, or write to us at:

LipaPOS
Khetia’s Building, 4th floor
Eldoret, Kenya