This End User License Agreement is divided into 3, Terms And Conditions(this webpage), the Privacy policy and the Advertising policy.
Terms And Conditions
By downloading or using the app, these terms, the Privacy policy and the Advertising policy, will automatically apply to you – you should make sure therefore that you read them carefully before using the app. Throughout the site, the terms “we”, “us” and “our” refer to Color Technologies Limited, the terms "you" and "your" refer to you, the user of the app and the terms "app", "here", "service", "AdCafé app" or "AdCafé" and "application" refer to the service we are providing to you, the user, in this smartphone application only. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Color Technologies Limited.
Color Technologies Limited is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The AdCafé app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the AdCafé app won’t work properly or at all.
You should be aware that there are certain things that Color Technologies Limited will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Color Technologies Limited cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
By using the services, you agree to be bound by these Terms and Conditions.
Using the app does not give you ownership of any intellectual property rights in the Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Do not attempt to alter any legal notices displayed in or along with the app.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Color Technologies Limited cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Color Technologies Limited cannot accept responsibility.
We reserve the right to delete inactive accounts in the app and refuse service to anyone for any reason at any time.
We are not responsible for the content made available on this site being not accurate, complete or current. The content made available should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material in this app is at your own risk.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the app and its service.
The content, products and services advertised via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Occasionally there may be information in the Service that contains typographical errors, inaccuracies or omissions that may relate to descriptions and pricing. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
With respect to Color Technologies Limited’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Color Technologies Limited accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android Mobile Operating System – the requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. Color Technologies Limited does not promise that it will always update the app so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Improvement of the app.
These Terms of Service do not grant you any rights in any of our services or software or the content accessed through them. While we appreciate it when the app's users send us feedback, please be aware that we may use, modify and incorporate into the app, license and sublicense and any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.
If, you send certain specific submissions (for example feedback) or send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments and feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
Our Warranties and Disclaimers.
Our services are provided at a commercially reasonable level of skill and care and we hope that you will enjoy using them. However we don’t promise certain things about our Services.
Other than as expressly set out in these terms or additional terms, Color Technologies Limited does not make any specific promises about the service. The service is provided "AS IS", at your own risk, without implied warranty or any condition of any kind.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Limitation of Liability.
To the fullest extent permitted by the law, in no event will, Color Technologies Limited, it's affiliates, or agents be liable for (a)Any indirect, special, incidental, punitive, exemplary or consequential(including loss of data,business or profits) damages, regardless of leagel theory, or (b)Loss or use, data, business, revenues or profits(direct or indirect, for each case),event if we knew or should have known of the possibilty of such damages. To the fullest extent permitted by the law, the maximum aggregate liability of Color Technologies Limited, its affiliates and agents for all claims relating to our services will not be more than the greater of KES 100 or any amounts paid by you to Color Technologies Limited for the service in question during the twelve months prior to the event giving rise to liability.
The foregoing limitations shall apply even if the user's remedies under this agreement fail of their essential purpose.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We may or may not notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page. If you do not agree to the modified terms for the service, you should discontinue your use of the service.
These terms of service will be governed by the laws of Kenya except for its conflicts of laws principles. All claims arising out of or relating to the terms or the services litigated exclusively in Kenya except that you agree that Color Technologies Limited may apply for injunctive relief in any jurisdiction.
If it turns out that a particular term is not enforcable, this will not affect any other terms.
Contact Us
If you have any questions or suggestions about our services, do not hesitate to contact us:Email: adcafeteam@yahoo.com
©Copyright 2018, Color Technologies.