Subject Matter And Scope Of The Terms And Conditions

Subject Matter And Scope Of The Terms And Conditions

The terms and conditions for using Yohpal serve as the legal framework that governs the relationship between Yohpal and its users. They outline the rights and responsibilities of both parties, as well as the rules and guidelines that users must adhere to while using the application. Here’s the subject matter and scope of the terms and conditions:

1. User Conduct: The terms and conditions will detail the expected behaviour of users while using the Yohpal application. This includes prohibitions against engaging in illegal activities, posting offensive content, violating the rights of others, or engaging in any behaviour that disrupts or harms the community.
2. Rights and Responsibilities: Both Yohpal and its users have rights and responsibilities outlined in the terms and conditions. Yohpal has the responsibility to provide a safe and functional platform, while users have the right to access and use the services provided by Yohpal by the terms outlined.
3. Limitations of Liability: The terms and conditions will include provisions limiting the liability of Yohpal for certain types of damages or losses incurred by users. This may include disclaimers of warranties, limitations on liability for consequential damages, and other provisions designed to protect Yohpal from legal claims.
4. Intellectual Property Rights: The terms and conditions will outline the intellectual property rights associated with the Yohpal application. This includes ownership of content posted by users, as well as any trademarks, logos, or other intellectual property owned by Yohpal.
5. Scope of Services: The terms and conditions will define the scope of services provided by Yohpal, including the features and functionalities available to users. This may include creating and sharing content, interacting with other users, accessing news feeds, participating in chats, and utilizing marketplace services.
6. User Eligibility Criteria: The terms and conditions will specify the eligibility criteria for users, including age restrictions, residency requirements, and any other qualifications necessary to use the Yohpal application.
7. Termination of Agreement: The terms and conditions will outline the circumstances under which the agreement between Yohpal and its users may be terminated. This may include violations of the terms of service, breaches of security, or other actions deemed detrimental to the community.
8. Updates and Modifications: Yohpal reserves the right to update or modify the terms and conditions at any time. Users will be notified of any changes, and continued use of the application will constitute acceptance of the revised terms.
9. Governing Law and Jurisdiction: The terms and conditions will specify the governing law and jurisdiction that apply to any disputes arising from the use of the Yohpal application. This ensures clarity and consistency in resolving legal issues that may arise between Yohpal and its users.

Overall, the terms and conditions for using Yohpal provide a comprehensive framework that governs the relationship between the platform and its users, ensuring transparency, fairness, and accountability for all parties involved.

Registration On YOHPAL; Handling Of Account Data; Rejection Of Registration

Registration on the Yohpal application involves the creation of a user account and is subject to specific procedures and criteria. Here’s an in-depth explanation of the registration process, handling of account data, and circumstances under which registration may be rejected:

1. Registration Process: Users interested in accessing the services provided by Yohpal must download the Yohpal application and complete the registration process. This typically entails providing certain personal information, such as a valid email address, username, and password. Users may also need to verify their email address or provide additional details to complete registration.
2. Handling of Account Data: Yohpal is committed to protecting the privacy and security of user account data. All account information provided during the registration process is handled by applicable data protection laws and Yohpal’s privacy policy. Account data may include personal information such as the user’s name, email address, contact details, and any other information provided during registration.

• Security Measures: Yohpal employs robust security measures to safeguard user account data from unauthorized access, disclosure, alteration, or destruction. These measures may include encryption, access controls, and regular security audits to maintain the integrity of user data.
• Confidentiality: Yohpal respects the confidentiality of user account data and undertakes not to disclose or share it with third parties except as necessary for the provision of services or as required by law.

Rejection of Registration: Yohpal reserves the right to reject any registration that does not comply with the terms and conditions or fails to meet the eligibility criteria specified by the application. Circumstances under which registration may be rejected include:

• Incomplete Information: If the user fails to provide all required information during the registration process, their registration may be rejected until the necessary information is provided.
• Violation of Terms: Registrations may be rejected if the user is found to have violated the terms and conditions of the Yohpal application or engaged in prohibited activities.
• Duplicate Accounts: Yohpal may reject registrations for duplicate accounts or accounts associated with fraudulent or suspicious activity.
• Legal Compliance: Registrations may be rejected if they do not comply with applicable laws or regulations, or if the user is located in a jurisdiction where Yohpal does not operate.
• Other Discretionary Reasons: Yohpal may reject registrations at its discretion for any other valid reason not explicitly outlined above, provided that such rejection is by applicable laws and regulations.

Overall, the registration process on the Yohpal application is designed to ensure the integrity, security, and compliance of user accounts, while also providing a seamless and user-friendly experience for individuals seeking to access the application’s services.

Customers Obligations

Customers of the Yohpal application are subject to certain obligations that ensure the proper use of the platform and adherence to its terms and conditions. These obligations include:

1. Compliance with Terms and Policies: Customers are required to read, understand, and comply with the terms of service, privacy policy, and any other applicable policies or guidelines provided by Yohpal. By using the application, customers agree to abide by these rules and regulations.
2. Accurate Information: Customers must provide accurate, up-to-date, and complete information when registering for the Yohpal application and throughout their use of the platform. This includes personal information, contact details, and any other data requested during registration or while using the services.
3. Account Security: Customers are responsible for maintaining the security of their Yohpal accounts, including their login credentials (username and password). They must not share their account credentials with others and should take appropriate measures to prevent unauthorized access to their accounts.
4. Lawful Use: Customers agree to use the Yohpal application lawfully, ethically, and by all applicable laws, regulations, and third-party rights. This includes refraining from engaging in any illegal, fraudulent, or unauthorized activities while using the platform.
5. Respect for Others: Customers must respect the rights, privacy, and dignity of other users of the Yohpal application. This includes refraining from harassing, intimidating, or abusing others, as well as avoiding the dissemination of offensive, harmful, or inappropriate content.
6. Intellectual Property: Customers must respect the intellectual property rights of Yohpal and third parties. They should not infringe upon copyrights, trademarks, or other proprietary rights when using the platform, including by sharing or distributing copyrighted materials without proper authorization.
7. Feedback and Suggestions: Customers are encouraged to provide feedback, suggestions, and ideas to improve the Yohpal application. However, any feedback or suggestions submitted to Yohpal become the property of Yohpal, and customers waive any rights to compensation or attribution for such submissions.
8. Payment Obligations: Customers who make purchases or transactions through the Yohpal application are responsible for fulfilling their payment obligations promptly. This includes providing accurate payment information and ensuring that sufficient funds are available to cover any transactions.

By adhering to these obligations, customers contribute to the safe, secure, and enjoyable use of the Yohpal application for themselves and other users. Failure to comply with these obligations may result in the suspension or termination of the customer’s account and access to the platform.

Termination Of The Agreement

The agreement between users and Yohpal may be terminated under certain circumstances. These circumstances include, but are not limited to:

1. Voluntary Termination: Users may choose to terminate their agreement with Yohpal at any time by closing their account or discontinuing the use of the application. Upon termination, users may lose access to their account and any associated data.
2. Breach of Terms: Yohpal reserves the right to terminate the agreement if a user breaches any of the terms and conditions outlined in the terms of service, privacy policy, or other applicable policies. This includes violations such as unlawful activities, abuse of the platform, or infringement of intellectual property rights.
3. Non-Payment: If a user fails to fulfill their payment obligations, such as unpaid fees or charges for services rendered, Yohpal may terminate the agreement and suspend or restrict the user’s access to the application until payment is made.
4. Legal Requirements: Yohpal may terminate the agreement if required to do so by law or if it believes, in its sole discretion that continued provision of services to a user may violate applicable laws, regulations, or third-party rights.
5. Technical Issues: In the event of technical issues, security breaches, or other unforeseen circumstances that jeopardize the operation of the Yohpal application or the safety of its users, Yohpal reserves the right to terminate the agreement to protect the integrity and security of the platform.
6. Changes to Services: Yohpal may also terminate the agreement if it decides to discontinue or modify the services offered through the application. In such cases, users will be notified in advance, and reasonable efforts will be made to minimize disruption to their use of the platform.

Upon termination of the agreement, users may lose access to their account, data, and any services or features provided by Yohpal. Users are responsible for any outstanding obligations or liabilities incurred before termination. Yohpal may retain certain information as required by law or for legitimate business purposes, even after the termination of the agreement.

Limitation of Liability

Yohpal strives to provide reliable and secure services, but there are limitations to our liability. Users of the Yohpal application should be aware of the following:

1. No Guarantees: While we make every effort to maintain the availability, accuracy, and security of the Yohpal application, we cannot guarantee that the services will be uninterrupted, error-free, or free from security breaches. Users acknowledge that the use of the application is at their own risk.
2. Third-Party Content: Yohpal may contain links to third-party websites, content, or services. We are not responsible for the accuracy, completeness, or legality of third-party content, and we do not endorse or guarantee the reliability of any third-party websites or services accessed through Yohpal.
3. Limitation of Damages: In no event shall Yohpal or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with the use or inability to use the application, even if advised of the possibility of such damages.
4. Maximum Liability: To the maximum extent permitted by applicable law, the total liability of Yohpal and its affiliates for any claims arising out of or related to the use of the application shall not exceed the amount paid by the user to Yohpal during the twelve (12) months preceding the event giving rise to liability.
5. Indemnification: Users agree to indemnify and hold harmless Yohpal and its affiliates from and against any claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in connection with the user’s use of the application, violation of the terms of service, or infringement of any rights of third parties.
6. Force Majeure: Yohpal shall not be liable for any failure or delay in performing its obligations under the terms of service due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.
7. No Warranty: Yohpal provides the application on an “as is” and “as available” basis, without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

By using the Yohpal application, users agree to these limitations of liability and acknowledge that they are reasonable and necessary to protect the interests of Yohpal and its affiliates. These limitations do not affect any statutory rights that may apply in certain jurisdictions.

Data Protection

Yohpal is committed to protecting the privacy and security of user data. We implement stringent measures to ensure that personal information is handled responsibly and by applicable data protection laws. Users of the Yohpal application should be aware of the following:

1. Data Collection: We collect and process personal data to provide and improve our services. This may include information such as your name, email address, phone number, and device information. We only collect data that is necessary for the provision of our services and with your consent.
2. Data Usage: Personal data collected by Yohpal may be used for various purposes, including but not limited to account management, communication with users, customization of content, and analysis of application usage. We do not sell or share personal data with third parties for marketing purposes without your explicit consent.
3. Data Security: We implement robust security measures to protect user data against unauthorized access, alteration, disclosure, or destruction. These measures include encryption, access controls, and regular security audits. However, users should be aware that no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security of data.
4. Data Retention: We retain personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by law. Once data is no longer needed, we securely delete or anonymize it to prevent unauthorized access.
5. User Rights: Users have certain rights regarding their data, including the right to access, rectify, or delete their data. Users also have the right to object to the processing of their data or to request data portability. To exercise these rights, users can contact us through the Yohpal application or by email.
6. Third-party Services: Yohpal may utilize third-party services or tools for data processing or analytics purposes. These third parties are required to comply with data protection laws and our privacy policies.
7. Children’s Privacy: Yohpal is not intended for use by children under the age of 13, and we do not knowingly collect personal information from children. If we become aware that we have collected personal data from a child without parental consent, we will take steps to remove the information from our systems.

By using the Yohpal application, users consent to the collection, processing, and use of their data as described in this data protection policy. We may update this policy from time to time to reflect changes in our data processing practices or legal requirements. Users are encouraged to review this policy periodically for any updates.

Miscellaneous

1. Governing Law and Jurisdiction: These terms and conditions, as well as any disputes arising out of or in connection with them, shall be governed by and construed by the laws of Kenya. Any legal action or proceeding relating to these terms shall be brought exclusively in the courts of Kenya, and users consent to the jurisdiction of such courts.
2. Severability: If any provision of these terms is found to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired, and the unenforceable provision shall be deemed modified to the extent necessary to make it enforceable.
3. Assignment: Users may not assign, transfer, or sublicense any of their rights or obligations under these terms without the prior written consent of Yohpal. Any attempted assignment or transfer in violation of this provision shall be null and void. Yohpal may freely assign these terms without consent.
4. Waiver: The failure of Yohpal to enforce any right or provision of these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Yohpal in writing. Any waiver of any provision of these terms shall be effective only if in writing and signed by an authorized representative of Yohpal.
5. Entire Agreement: These terms constitute the entire agreement between the user and Yohpal concerning the subject matter herein and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written. These terms may be modified only by a written amendment signed by both parties.
6. Contact Information: If you have any questions, comments, or concerns about these terms and conditions, please contact us at [contact email address]. We welcome feedback and are committed to addressing any inquiries or issues promptly and professionally.
7. Survival: Sections such as Data Protection, Limitation of Liability, and Termination of Agreement shall survive any termination or expiration of these terms and conditions and shall continue to apply indefinitely.
8. Interpretation: The headings and titles in these terms are for convenience only and shall not affect the interpretation of any provision. The singular includes the plural and vice versa, and words importing any gender include all genders.
9. Further Assurances: Each party shall, at its own expense, execute and deliver such further documents and instruments and take such other actions as may be reasonably required or desirable to confirm or carry out the intent and purposes of these terms and conditions.

By continuing to use the Yohpal application, users acknowledge and agree to be bound by these terms and conditions in their entirety. Failure to comply with these terms may result in suspension or termination of access to the application and its services. Yohpal reserves the right to revise, modify, or update these terms at any time without prior notice, and it is the responsibility of users to review these terms periodically for any changes.