Terms & Conditions
Updated at 2020-09-20
General Terms
By accessing and placing an order with Prolyft Digital Africa, you confirm that you are in agreement with and bound by the terms
of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other
type of communication between you and Prolyft Digital Africa.
Under no circumstances shall Prolyft Digital Africa team be liable for any direct, indirect, special, incidental or consequential
damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this
site, even if Prolyft Digital Africa team or an authorized representative has been advised of the possibility of such damages. If
your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any
costs thereof.
Prolyft Digital Africa will not be responsible for any outcome that may occur during the course of usage of our resources. We
reserve the rights to change prices and revise the resources usage policy in any moment.
License
Prolyft Digital Africa grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the
website strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Prolyft Digital Africa (referred to in these Terms & Conditions as
“Prolyft Digital Africa”, “us”, “we” or “our”), the provider of the Prolyft Digital Africa website and the services accessible from the
Prolyft Digital Africa website (which are collectively referred to in these Terms & Conditions as the “Prolyft Digital Africa
Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use
the Prolyft Digital Africa Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you
represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your
account without notice.
Definitions and key terms
To help explain things as clearly as possible in this Terms & Conditions, every time any of these terms are referenced, are
strictly defined as:
- Cookie: Small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
- Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to Prolyft Digital Africa Limited, P.O. Box 39546-00623, Parklands, Nairobi, Kenya that is responsible for your information under this Privacy Policy.
- Country: Where Prolyft Digital Africa or the owners/founders of Prolyft Digital Africa are based, in this case is Kenya
- Customer: Refers to the company, organization or person that signs up to use the Prolyft Digital Africa Service to manage the relationships with your consumers or service users.
- Device: Any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Prolyft Digital Africa and use the services.
- IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connecting to the Internet.
- Personnel: Refers to those individuals who are employed by Prolyft Digital Africa or are under contract to perform a service on behalf of one of the parties.
- Personal Data: Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiable of a natural person.
- Service: Refers to the service provided by Prolyft Digital Africa as described in the relative terms (if available) and on this platform.
- Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- Website: Prolyft Digital Africa.”’s” site, which can be accessed via this URL: https://prolyftdigital.com/
- You: A person or entity that is registered with Prolyft Digital Africa to use the Services.
Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Prolyft Digital Africa or its affiliates, partners, suppliers or the licensors of the website.
Return and Refund Policy
Thanks for shopping at Prolyft Digital Africa. We appreciate the fact that you like to buy the stuff we build. We also want to make
sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.
As with any shopping experience, there are terms and conditions that apply to transactions at Prolyft Digital Africa. We’ll be as
brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Prolyft Digital
Africa, you agree to the terms along with Prolyft Digital Africa.”’s” Privacy Policy.
If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we
will discuss any of the issues you are going through with our product.
Your Suggestions
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to Prolyft Digital
Africa with respect to the website shall remain the sole and exclusive property of Prolyft Digital Africa.
Prolyft Digital Africa shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way
without any credit or any compensation to you.
Your Consent
We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site
and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms
& Conditions.
Links to Other Websites
This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or
controlled by Prolyft Digital Africa. We are not responsible for the content, accuracy or opinions expressed in such websites, and
such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you
use a link to go from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and
interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and
policies. Such third parties may use their own cookies or other methods to collect information about you.
Cookies
Prolyft Digital Africa uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data
stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality
of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become
unavailable or you would be required to enter your login details every time you visit the website as we would not be able to
remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you
disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally
Identifiable Information in Cookies.
Changes To Our Terms & Conditions
You acknowledge and agree that may stop (permanently or temporarily) providing the Service (or
any features within the Service) to you or to users generally at ’s sole discretion, without prior notice
to you. You may stop using the Service at any time. You do not need to specifically inform when you
stop using the Service. You acknowledge and agree that if disables access to your account, you
may be prevented from accessing the Service, your account details or any files or other materials which is contained in your
account.
If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions
modification date below.
Modifications to Our website
Prolyft Digital Africa reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service
to which it connects, with or without notice and without liability to you.
Updates to Our website
Prolyft Digital Africa may from time to time provide enhancements or improvements to the features/ functionality of the website,
which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the website. You agree that Prolyft Digital Africa has no
obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the
website to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms
and conditions of this Agreement.
Third-Party Services
We may display, include or make available third-party content (including data, information, applications and other products
services) or provide links to third-party websites or services (“Third- Party Services”).
You acknowledge and agree that Prolyft Digital Africa shall not be responsible for any Third-Party Services, including their
accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Prolyft
Digital Africa does not assume and shall not have any liability or responsibility to you or any other person or entity for any
Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at
your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Prolyft Digital Africa.
Prolyft Digital Africa may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with
or without prior notice.
This Agreement will terminate immediately, without prior notice from Prolyft Digital Africa, in the event that you fail to comply
with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from
your computer.
Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your
computer.
Termination of this Agreement will not limit any of Prolyft Digital Africa’s rights or remedies at law or in equity in case of breach
by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our website constitutes an infringement on your
copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner
or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact
information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief
that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification
is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Indemnification
You agree to indemnify and hold Prolyft Digital Africa and its parents, subsidiaries, affiliates, officers, employees, agents,
partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of
your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the
maximum extent permitted under applicable law, Prolyft Digital Africa, on its own behalf and on behalf of its affiliates and its and
their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Prolyft Digital Africa provides no warranty or undertaking, and makes no representation of
any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other
software, , systems or services, operate without interruption, meet any performance or reliability standards or be error free or
that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Prolyft Digital Africa nor any Prolyft Digital Africa’s provider makes any representation or
warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content, and
materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability,
or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or
e-mails sent from or on behalf of Prolyft Digital Africa are free of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components.
Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory
rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of Prolyft Digital Africa and any of its suppliers under any
provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you
for the website.
To the maximum extent permitted by applicable law, in no event shall Prolyft Digital Africa or its suppliers be liable for any
special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for
loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way
related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or
otherwise in connection with any provision of this Agreement), even if Prolyft Digital Africa or any supplier has been advised of
the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation
or exclusion may not apply to you.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions
will continue in full force and effect.
This Agreement, together with the Privacy Policy and any other legal notices published by Prolyft Digital Africa on the Services,
shall constitute the entire agreement between you and Prolyft Digital Africa concerning the Services. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement
shall be deemed a further or continuing waiver of such term or any other term, and Prolyft Digital Africa.”’s” failure to assert any
right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Prolyft Digital Africa
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN
ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall
not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a
breach constitute waiver of any subsequent breach.
o failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall
operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement
preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any
applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Prolyft Digital Africa reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is
material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be
determined at our sole discretion.
By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, you are no longer authorized to use Prolyft Digital Africa.
Entire Agreement
The Agreement constitutes the entire agreement between you and Prolyft Digital Africa regarding your use of the website and
supersedes all prior and contemporaneous written or oral agreements between you and Prolyft Digital Africa.
You may be subject to additional terms and conditions that apply when you use or purchase other Prolyft Digital Africa’s
services, which Prolyft Digital Africa will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our
Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make
changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the
Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete
your account.
Intellectual Property
The website and its entire contents, features and functionality (including but not limited to all information, software, text,
displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Prolyft Digital Africa, its
licensors or other providers of such material and are protected by Kenya and international copyright, trademark, patent, trade
secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced,
downloaded or distributed in any way, in whole or in part, without the express prior written permission of Prolyft Digital Africa,
unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE
OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Prolyft Digital Africa.”’s”
INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and
Prolyft Digital Africa concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation,
ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
Notice of Dispute
In the event of a dispute, you or Prolyft Digital Africa must give the other a Notice of Dispute, which is a written statement that
sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief
requested. You must send any Notice of Dispute via email to: hello@prolyftdigital.com. Prolyft Digital Africa will send any Notice
of Dispute to you by mail to your address if we have it, or otherwise to your email address. You and Prolyft Digital Africa will
attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent.
After sixty (60) days, you or Prolyft Digital Africa may commence arbitration.
Binding Arbitration
If you and Prolyft Digital Africa don’t resolve any Dispute by informal negotiation, any other effort to resolve the dispute will be
conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in
as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in
accordance with the commercial arbitration rules of the Arbitration Act 1995 and the Nairobi Centre for International Arbitration Act.
Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or
proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree
that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of
Prolyft Digital Africa without any compensation or credit to you whatsoever. Prolyft Digital Africa and its affiliates shall have no
obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any
purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and
services using such ideas.
Promotions
Prolyft Digital Africa may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that
require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate
rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are
responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion,
you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and
conditions are made a part of this Agreement by this reference.
Typographical Errors
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we
shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall
have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to
your credit card account or other payment account in the amount of the charge.
Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be
unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of
these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Prolyft Digital Africa.
Prolyft Digital Africa will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in
the event of any breach or anticipatory breach by you. Prolyft Digital Africa operates and controls the Prolyft Digital Africa
Service from its offices in Kenya. The Service is not intended for distribution to or use by any person or entity in any jurisdiction
or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to
access the Prolyft Digital Africa Service from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and
incorporate the Prolyft Digital Africa Privacy Policy) contains the entire understanding, and supersedes all prior understandings,
between you and Prolyft Digital Africa concerning its subject matter, and cannot be changed or modified by you. The section
headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Prolyft Digital Africa is not responsible for any content, code or any other imprecision.
Prolyft Digital Africa does not provide warranties or guarantees.
In no event shall Prolyft Digital Africa be liable for any special, direct, indirect, consequential, or incidental damages or any
damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of
the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the
contents on the Service at any time without prior notice.
The Prolyft Digital Africa Service and its contents are provided “as is” and “as available” without any warranty or representations
of any kind, whether express or implied. Prolyft Digital Africa is a distributor and not a publisher of the content supplied by third
parties; as such, Prolyft Digital Africa exercises no editorial control over such content and makes no warranty or representation
as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via
the Prolyft Digital Africa Service. Without limiting the foregoing, Prolyft Digital Africa specifically disclaims all warranties and
representations in any content transmitted on or in connection with the Prolyft Digital Africa Service or on sites that may appear
as links on the Prolyft Digital Africa Service, or in the products provided as a part of, or otherwise in connection with, the Prolyft
Digital Africa Service, including without limitation any warranties of merchantability, fitness for a particular purpose or
non-infringement of third party rights. No oral advice or written information given by Prolyft Digital Africa or any of its affiliates,
employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change
without notice. Without limiting the foregoing, Prolyft Digital Africa does not warrant that the Prolyft Digital Africa Service will be
uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions.
- Via Email:hello@prolyftdigital.com
- Via this Link: https://prolyftdigital.com/contact-us