SUMUNDI KEEPSALES PRIVACY POLICY
By using the SUMUNDI KEEPSALES software, you agree to be bound by these
Conditions together with our Privacy Policy.
If you do not agree to be bound by these
Conditions and/or our Privacy Policy, do not use, access and/or subscribe to
the SUMUNDI KEEPSALES software. If you have any questions, contact us at info@sumundi.com.
Key Conditions
Definitions and Interpretation
1.1 |
In these Conditions, the following
words have the following meanings: System: the App, the SUMUNDI KEEPSALES website
platform, and all other software made available to the Customer, including
all error corrections, patches, new releases and new versions together with
all System Content; |
1.2 |
Words in the singular include the plural and in the plural include the singular. |
1.3 |
The headings shall not affect the interpretation of these Conditions. |
1.4 |
References to Conditions are references to the numbered provisions of these Conditions. |
1.5 |
Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies. |
1.6 |
Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words. |
PRIVACY POLICY
This Privacy Policy governs the manner in which SUMUNDI KEEPSALES collects, uses, maintains and discloses information collected from users (each, a “User”) of the System. This privacy policy applies to the Site and all products and services offered by SUMUNDI KEEPSALES.
Sumundi Keepsales collects:
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The following data is collected by or on behalf of Sumundi Keepsales: 1- Data provided by users. This includes:
2- Data created during use of our services. This includes:
3- Data from other sources. This includes:
Sumundi Keepsales may combine the data collected from these sources with other data in its possession. |
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, download the the SUMUNDI KEEPSALES mobile app, fill out a form, and in connection with other activities, services, features or resources we make available on our System. Users may be asked for, as appropriate, name, email address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our System. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
How we use collected information
SUMUNDI
KEEPSALES may collect and use Users personal information for the following
purposes:
(a) To improve customer service.
(b) Information you provide helps us respond to your customer service requests
and support needs more efficiently.
(c) To personalize user experience, we may use information in the aggregate to
understand how our Users as a group use the services and resources provided on
our Site.
(d) To improve our Site, we may use feedback you provide to improve our
products and services.
(e) To send periodic emails, we may use the email address to respond to their
inquiries, questions, and/or other requests.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Changes to this privacy policy
SUMUNDI KEEPSALES has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications
2.
Registration
2.1 |
If you wish to register to subscribe to the System, you must be entitled to represent your business or other organisation and bind them to these Conditions. You must provide us with accurate and current information and if there is any change to the information that you provide to us, you must immediately update your account. At our request, you shall promptly provide written evidence of the validity of information that you provide to us. |
2.2 |
You shall designate one contact as
the responsible party for communication (the "System
Administrator"). Your System Administrator may authorise Users to
install and access the App subject to payment of the Fee for each active
register. |
3. License
3.1 |
Subject to these Conditions and receipt of the Fee, Sumundi Limited grants to you the non-exclusive, non-transferable right and license to install, access and use the System for your lawful, business purposes. You may only install and use the App on a Device. |
3.2 |
Only your Users shall be entitled to exercise the rights granted to you under Condition 4.1 and you have no right to sub-license your rights under Condition 4.1. |
3.3 |
You shall comply with all reasonable instructions of Sumundi Limited relating to the System. Sumundi Limited may, at its sole discretion, provide upgrades and new releases of the System from time to time and shall use its endeavours to provide 48 hours’ notice of any changes to the System. |
3.4 |
You shall not, and shall not permit or assist any third party to: (a) attempt to view, access or copy
any content or data other than that to which the Customer is authorised to
access; |
3.5 |
You agree that we shall be entitled to record your access and use of the System for the purposes of diagnosing and fixing problems, training and support. We may transfer such records to third parties for the purposes of analysis and processing. No Personal Data shall be included in the records that we transfer to third parties, and we shall use reasonable endeavours to ensure that such third parties keep all such records confidential. |
4.
System Availability
4.1 |
Sumundi Limited shall use reasonable endeavours to make the System available at all times, but the Customer acknowledges that there may be occasions when access to the System may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. |
4.2 |
Subject always to Conditions 6 and 11, you agree to use reasonable endeavours to keep secure the System and your Customer Content. |
4.3 |
Sumundi Limited reserves the right to remove any content or features from the System for any reason, without prior notice, and shall have no liability or responsibility to the Customer in any manner whatsoever in such circumstances, save to refund pro-rata any Fees paid in advance in respect of any significant content or features suspended or stopped that you previously accessed and used. We shall calculate such pro-rata refund at our sole discretion, provided that we shall act reasonably in doing so. |
5.
Customer Content
5.1 |
You warrant and represent that the Customer Content will not: (a) breach the provisions of any
law, statute or regulation;
|
5.2 |
You further warrant and represent that you shall use industry standard virus detection software to try to block the uploading of Customer Content that contains viruses or other malicious code. |
5.3 |
Sumundi Limited is not responsible and accepts no liability for Customer Content. Sumundi Limited does not actively monitor any Customer Content, but you agree that at any time Sumundi Limited shall be entitled to delete any Customer Content that Sumundi Limited reasonably believes is in breach of Condition 6.1. |
5.4 |
You grant to us a non-exclusive, worldwide, royalty-free right, together with the right to sublicense to Third Party Platform Providers, to reproduce all IP Rights in the Customer Content for the purposes of these Conditions and in order to make the System including the Third Party Platforms available to you. If you wish to terminate this license and request that we delete your Customer Content at any time you should exercise your right to terminate your subscription under Condition 12. |
5.5 |
In the event of any loss or damage to Customer Content, your sole and exclusive remedy shall be for Sumundi Limited to use reasonable commercial endeavours to restore the lost or damaged Customer Content from the latest back up of such Customer Content maintained by you. You acknowledge and agree that this process will overwrite the Customer Content stored on the System prior to the restoration. Accordingly, you shall separately maintain up-to-date copies of the Customer Content. |
5.6 |
You agree that much of the System Content that you access is based on and reflects the information in the Customer Content. Accordingly, you must make sure that the Customer Content is accurate and complete. You agree to review the System Content before you use it, and you shall notify Sumundi Limited of any errors in the System Content. We shall promptly amend such errors, except where such errors arise as a result of any information in the Customer Content. We shall have no liability for any errors in the System Content based on the Customer Content. |
5.7 |
If your Customer Content includes
Personal Data, you shall notify us of the subject matter of the Personal Data
and the categories of data subjects. We shall process the Customer Content
for the duration of your access to the System and only for the purposes of
your access to the System. You warrant that in providing Personal Data to us:
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5.8 |
If and to the extent we are deemed
to be a processor of the Personal Data, we shall: |
6.
Fees
6.1 |
Any free trial that we may offer from time to time begins on the date that the first System Administrator registers with the System. On completion of any free trial, if you wish to continue to use the System, you shall provide us with your payment details and we shall charge you the Fee. |
6.2 |
If at any time you fail to pay an instalment of the Fee by the due date, we reserve the right to: (a) claim costs and interests on
any outstanding amount;
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6.3 |
You acknowledge and agree that we shall be entitled to increase the Fees at any time on written notice to you. Your continued access and use of the System shall constitute your acceptance of the increased Fees. |
7.
IP Rights
7.1 |
You agree that no IP Rights that subsist in the System shall transfer to you under these Conditions. We acknowledge that you retain the IP Rights in the Customer Content. |
7.2 |
You grant to Sumundi Limited the right and license to use your name and any associated logo in any and all promotional and marketing materials, including online materials. |
7.3 |
You shall promptly notify Sumundi Limited of any claim, notification or allegation that you receive that your use of the System infringes the IP Rights of any third party (a Claim). You shall: (a) not make any admission of
liability, agreement, settlement or compromise in relation to a Claim without
Sumundi Limited’s prior written consent;
|
7.4 |
On receipt of a notice under Condition 8.3, Sumundi Limited shall at its sole expense either procure for the Customer the right to continue accessing and using the System or modify or replace the infringing part of the System without to avoid the infringement. |
8.
Confidential Information
8.1 |
Confidential Information shall mean all information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party). |
8.2 |
The Receiving Party shall not, and shall ensure that its employees shall not, use copy or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions. |
8.3 |
The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and where those employees are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them. |
8.4 |
The provisions of Conditions 9.1, 9.2 and 9.3 shall not apply to any Confidential Information which: (a) is or becomes generally
available to the public other than as a result of any act or omission of the
Receiving Party;
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9.
Warranties, Indemnity
9.1 |
Each of the parties represents, warrants and undertakes that: (a) it has the right, power and
authority to enter into these Conditions and to perform fully all of its
obligations under these Conditions; and
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9.2 |
Subject to these Conditions, Sumundi Limited warrants that it shall: (a) provide access to the System
with reasonable skill and care; and
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9.3 |
You warrant and represent that you
are not a consumer and that you are acquiring the right to access and use the
System for the purposes of a business. Accordingly, to the maximum extent
permitted by law, any statutory consumer guarantees or legislation intended
to protect consumers in any jurisdiction does not apply to the license of the
System and/or these Conditions. (b) use by Sumundi Limited of the Customer Content in accordance with the terms of these Conditions. |
10.
Disclaimer, Limit of Liability
10.1 |
YOU ACKNOLWEDGE THAT THE SYSTEM IS PROVIDED FOR INFORMATION ONLY AND SHOULD NOT BE RELIED ON AS TAX, ACCOUNTING, LEGAL OR FINANCIAL ADVICE, RECOMMENDATION, ARRANGEMENT OR OPINION. |
10.2 |
DURING YOUR DEMO PERIOD, YOU AGREE TO USE THE SYSTEM TO ENSURE THAT IT IS FIT FOR YOUR PURPOSES AND OF SATISFACTORY QUALITY. IF YOU DO NOT SO AGREE, YOU SHOULD NOT PURCHASE A SUBSCRIPTION TO THE SYSTEM. ACCORDINGLY, THE SYSTEM IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO CONDITION 10, ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE SYSTEM (WHETHER IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE), INCLUDING ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE, AVAILABILITY AND NON-INFRINGEMENT ARE EXCLUDED. |
10.3 |
SUMUNDI LIMITED WILL NOT BE LIABLE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE, AS A RESULT OF OR IN CONNECTION WITH THE SYSTEM FOR ANY: (A) ECONOMIC LOSS (INCLUDING LOSS
OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS); |
10.4 |
SUMUNDI LIMITED’S AGGREGATE LIABILITY TO THE CUSTOMER UNDER THESE CONDITIONS OR OTHERWISE IN RESPECT OF THE SYSTEM SHALL BE LIMITED TO THE FEES RECEIVED BY NOBLY POS FROM THE CUSTOMER FOR THE SYSTEM DURING THE 6 MONTHS BEFORE THE DATE THE CLAIM AROSE. |
10.5 |
NOTHING IN THESE CONDITIONS SHALL LIMIT OR EXCLUDE A PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, FRAUDULENT MISREPRESENTATION OR ANY OTHER LOSS THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. |
11.
Subscription Term and Termination
11.1 |
Subscription to the System is either on a one-time payment basis or on an annual renewal basis. |
11.2 |
Either party may terminate their subscription
to the System, at any time, immediately by giving the other written notice if
the other: |
11.3 |
On termination of subscription to the System for any reason: (a) you shall cease to access the
System and delete the App from all devices in your control; and |
11.4 |
The following Conditions shall remain in force notwithstanding termination: Conditions 6.1, 6.2 (Customer Content), 8.1, 8.2 (IP Rights), 9 (Confidential Information), 10.1, 10.3, 10.4, 10.5 (Warranties), 11 (Disclaimer, Limit of Liability), 12.3, 12.4 (Termination), 14 (Dispute Resolution), 15 (General) and 16 (Governing Law & Jurisdiction). |
12.
Force Majeure
12.1 |
For the purposes of this Condition 13, an event of Force Majeure means any event beyond the reasonable control of either party, including change in laws or regulations, war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, failure of suppliers or subcontractors, riot, civil commotion, accident, act of God, fire, flood and storm. |
12.2 |
If a party is prevented, hindered or delayed from or in performing any of its obligations under this Agreement by an event of Force Majeure, the affected party’s obligations under this Agreement are suspended without liability while the event of Force Majeure continues and to the extent that it is prevented, hindered or delayed. |
12.3 |
If performance of any obligation under this Agreement is prevented, hindered, or delayed due to an event of Force Majeure either party shall be entitled to terminate these Conditions on written notice to the other party. |
12.4 |
The provisions of Condition 13 shall not be relied on in relation to the inability to pay any Fees due under these Conditions. |
13.
Dispute Resolution
13.1 |
If a dispute arises between the parties under these Conditions, then within 5 Working Days of the dispute arising, the dispute shall be escalated by each of the parties to a director. If the directors are unable to resolve the dispute within 10 Working Days, then the directors shall refer the dispute to the chief operating officer, or such person of equivalent seniority. If such persons are unable to resolve the dispute within a further 10 Working Days, then the parties shall be entitled to pursue legal action under Condition 16. |
13.2 |
Nothing in Condition 14.1 shall prevent a party taking action under Condition 16 in respect of misuse of the System. |
14.
General
14.1 |
These Conditions contain the entire agreement of the parties with respect to the access to the System and supersede all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Conditions. |
14.2 |
The Customer shall not assign or delegate its rights or obligations under these Conditions, in whole or in part, to any third party by operation of law or otherwise, without the prior written consent of Sumundi Limited. Any attempted assignment or delegation that does not comply with this Condition 15.2 shall be of no effect. |
14.3 |
Any failure to enforce any provision of these Conditions shall not constitute a waiver thereof or of any other provision. |
14.4 |
If any provision of these Conditions is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties. |
14.5 |
Nothing in these Conditions shall create or imply an agency, partnership or joint venture between the parties. Neither party shall act or describe itself as the agent of the other party nor shall either party have or represent that it has any authority to make commitments on behalf of the other. |
15.
Governing Law & Jurisdiction
15.1 |
These Conditions are governed by and will be construed in accordance with the laws of Ghana. |
15.2 |
The parties submit to the exclusive jurisdiction of the courts of Ghana in relation to any legal actions or proceedings arising out of or in connection with these Conditions, save that this submission will not preclude any party from applying to any other court having jurisdiction for urgent or interim relief in aid of proposed or pending proceedings in Ghana. |
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and Disclaimer. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: info@sumundi.com