Qserve is a registered company (Qserve Ventures Limited) that focuses on providing a wide range of technology solutions. We have an exemplary and talented team that is ready to solve various business challenges.

We are based in Eldoret at 64 Plaza, Room 2D along Eldoret-Kisumu Road, opposite Catholic University, Gaba Campus.

Effective: January 1, 2019

Qserve Ventures located at qserve.co.ke  (" Site/Client") is comprised of web pages containing information provided by us(" we", "our" or "us").Your access to the Site is offered to you conditioned on your acceptance of these Terms of Service together with our statement of privacy practices,which is incorporated herein by this reference and found at ("Terms"). Please read these Terms carefully before accessing or using the Site/Client.By accessing the Site/Client or registering with the Site/Client, you agree to be bound by these Terms. If you do not wish to be bound by these Terms,do not register for, access or use the Site/Client. We reserve the right to change these Terms (including the privacy statement) at any time, see Section 1 for more information.

 

1.Changes to These Terms

Please note that we reserve the right to change these Terms at any time upon notice. We may give notice by posting updated Terms on the Site/Client,or sending you an email, or by any other reasonable means. You can review the most current version of Terms at any time at qserve.co.ke.The updated Terms are binding on you on the effective date indicated in the updated Terms. If you do not agree to the updated Terms, you must stop using the Site/Client.Your continued use of the Site/Client after the effective date will constitute your acceptance of the updated Terms.You agree that you will periodically return to the Site/Client and review the Terms to ensure that you are familiar with the most current version of the Terms.

 

2.Changes to the Site/Client

You may use the Site/Client if and when it is available. We do not guarantee availability of the Site/Client or any particular feature. A particular feature may be a pre-release version and may not work correctly or in the way a final version might work. We may significantly change the final version or decide not to release it. We reserve the right to change, remove, delete, restrict or block access to, charge for, or stop providing all or any part of the Site/Client at any time without notice.

 

3.Additional Terms

We may present additional terms when you use certain portions or features of the Site/Client. Unless set forth otherwise in those additional terms,those additional terms are a part of these Terms and, if there is a conflict between the additional terms and the most current version of these Term posted on the Site/Client,the additional terms will govern.

 

4.Site/Client Use

The Site/Client contains Software Development, App Development, Mpesa Payments Integrations, POS, SMS, Bulk SMS, Airserve. You agree to use the Site/Client only to download Software Development, App Development, Mpesa Payments Integrations, POS, SMS, Bulk SMS, . You are responsible for and represent and warrant to us that you will comply with the qserventures Code of Conduct and that your use of the Site/Client will comply with the Code of Conduct, these Terms, and all applicable local,state,agency and national laws, rules and regulations. If we suspect violations of these Terms, we may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to cooperate with us in investigating suspected violations by you or others,unless applicable law prohibits us from requiring you to cooperate. We reserve the right to install, implement, manage, and operate one or more software,monitoring, or other solutions designed to assist in identifying or tracking activities that we consider to be illegal or a violation of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms and any other activities that may subject us or our users to harm or liability.

 

5.Content

All information, Software Development, App Development, Mpesa Payments Integrations, POS, SMS, Bulk SMS, Airserve that are provided through this Site/Client (Content") are originated from the third party. You may not modify, copy, print, display, reproduce, distribute, publish, disassemble, decompile, or reverse engineer the Site or any Content, except to the extent that applicable law expressly permits your disassembly or reverse engineering despite this limitation.

 

6.Third Party Websites

The Site/Client or the products in the Site/Client, may contain links to third party websites or clients("Linked Sites/Client").The Linked Sites/Client are not under our control and we are not responsible for any Linked Site, including any content contained in a Linked Site or any changes or updates to a Linked Site. We provide links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.

 

7.No Warranties

To the maximum extent permitted by applicable law, the Site and Content are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance,remains with you. qserventures, its suppliers, and licensors DO NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, quiet Enjoyment, or non-infringement.In particular, qserventures, its suppliers, and licensors make no warranty that the Site or Content: (A) will meet your requirements;(B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) any information or content obtained through the SITE will be accurate, complete, or reliable; or (D) that any defects or errors therein will be corrected. All Content you download or obtain through the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom. You may have additional rights under your local laws that THESE TERMS cannot change. In particular, to the extent local legislation implies statutory terms which cannot be excluded, THOSE terms are deemed incorporated into this document but qserventures’S liability for a breach of THOSE statutory implied terms is limited in accordance with and to the extent permissible under THAT legislation.

 

8.Disclaimer of Certain Damages

In no event will qserventures, ITS supplierS, or licensorS be liable for any consequential, special, incidental, indirect, OR punitive damages; for LOSS OF profits, BUSINESS, GOODwILL, ANTICIPATED SAVINGS, or USE; LOSS OR CORRUPTION OF DATA, confidential INFORMATION, or other information; business interruption; personal injury; property damage; loss of privacy; failure to meet any duty of good faith or reasonable care; negligence; and any other pecuniary or other loss whatsoever, arising out of, based on, resulting from or in any way related to these Terms, the Site, or Content, even if qserventures, IT supplierS, or licensorS HAVE been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential DAMAGES, LOSS, or LIABIlity FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section 12 will be interpreted AS excluding liability which cannot under applicable law be excluded In those jurisdictions. If you LIVE, or are otherwise subject to the laws IN one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, the limitations AND exclusions IN THIS SECTION 12 may not apply to you.

 

9.Limitation of Liability and Exclusive Remedies

To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoN 12, qserventures’S and its suppliers’ and licensors’ maximum, aggregate liability to you, and your exclusive remedy under these Terms for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to these Terms, the Site, or Content will be to recover the actual damages you incur based upon reasonable reliance on the Site or Content up to five dollars (U.S. $5.00). The existence of multiple claims or suits under or related to these Terms, the Site or Content will not enlarge or extend the limitation of money damages.

Some jurisdictions do not allow certain DAMAGE LIMITATIONS SUCH AS the LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DIScLOSE DEFECTS), PRODUCT LIABILITY, or for DEATH OR personal injury. Nothing in this Section 13 will be interpreted as excludING liability which cannot under Applicable law be excluded. IF YOU LIVE or are otherwise subject to the laws IN ONE OF THOSE JURISDICTIONS any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that LAW AND, IF LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN THIS SECTION 13 MAY NOT APPLY TO YOU.

 

10.Independent Remedies

The exclusion of damages under Section 12 is independent of your exclusive remedy in Section 13 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12 and 13 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

 

11.Indemnity

You hereby agree to defend, indemnify, and hold us, our directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third party claim or demand, including reasonable attorneys’ fees, relating to or arising from (a) any Submission made by you or submitted, posted, transmitted, originating from, or otherwise made available under your Account; (b) your use of the Site/Client and Content; (c) any violation by you of these Terms; or (d) your violation of any another party’s rights or applicable law.

 

12.Notice and Takedown Procedures

You agree to respect the intellectual property rights and other rights of qserventures and third parties. If you believe that copyright has been infringed by materials on the Site/Client, please provide us the written information specified below. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 
A description of the copyrighted work that you claim has been infringed upon; 
A description of where the material that you claim is infringing is located on the site; 
Your address, telephone number, and email address; 
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

After receiving notice, we may remove or disable access to any infringing or defamatory material. We have the right to terminate your access to the Site/Client and Account for infringement of our or another other party’s rights.

 

13.Governing Law and Jurisdiction for Resolving Disputes

The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Terms will be governed by and construed in accordance with the laws of the State of California USA, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts sitting in ___ California for any and all disputes, claims and actions arising from or in connection with the Site/Client, the Content, and these Terms.

 

14.General

If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.  You and qserventures intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law.  Accordingly, you and qserventures agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.  Section titles are only for convenience and have no legal or contractual significance. We may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms or assign, transfer, or sublicense your rights, if any, in your Account. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. A waiver will only be binding on us if it is in a written document signed by us. These Terms (including any incorporated terms) constitute the entire agreement between you and qserventures with respect to your Account, the Site/Client, and Content. Both you and qserventures warrant to each other that, in entering these Terms, neither qserventures nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. Any translation of these Terms is done for local requirements. All choices (no matter how described) by us under these Terms are to be made in its sole discretion, unless stated otherwise. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely." If there is a dispute between the English and any non-English version, the English version will govern. No one other than you and qserventures, or qserventures’s successors and permitted assigns, will have any right to enforce any of these Terms.

 

15.Notices

We may give you all notices (including legal process) that we are required to give by any lawful method, including by posting notice on the Site/Client or by sending it to any email or mailing address that you provide to us.. You agree to keep your Account information current including your email and mailing addresses and to check for notices posted on the Site/Client. You agree to send us notice by mailing it to our “Address for Legal Notices” which is: 
qserventures@gmail.com

QSERVE STATEMENT OF PRIVACY PRACTICES

PLEASE READ THIS STATEMENT OF PRIVACY PRACTICES CAREFULLY BEFORE USING THIS SITE.

Effective: January 1, 2019

This statement of privacy practices describes us ("we", "our", or "us") practices with respect to collection, use, and disclosure of personal information at the qserve.co.ke website ("Site/Client"). By using the Site, you signify your consent to the collection, use, and disclosure of your personal information. IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION, PLEASE DO NOT USE THE SITE.

 

1.Application

This statement only applies to the information you provide to us through the Site. It does not apply to information collected by us through other means or by third parties linked in any way to the Site. We have no control over, and no responsibility or liability for, any third party’s collection, use, disclosure, or retention of the personal information and that collection, use, disclosure, and retention is not subject to this statement.

 

2.Changes to this Statement of Privacy Practices

We will occasionally update this statement. When we post changes to this statement, we will revise the "Effective Date" date at the top of this statement.We recommend that you check the Site from time to time to inform yourself of any changes in this statement or any of our other policies.

 

3.Statement of Privacy Practices Incorporated in Terms of Service

Your use of the Site is governed by the Bibleserv Site Terms of Service (http://www.qserve.co.ke/site/about).The Terms of Service contain important provisions, including provisions disclaiming, limiting, and excluding the liability of Bibleserv for your use of the Site and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Site. Each of the provisions of the Terms of Service applies to any disputes that may arise in relation to this statement of privacy practices and the collection, use and disclosure of your personal information and are of the same force and effect as if they had been reproduced directly in this statement.

 

4.What Is Personal Information?

In general, your personal information means information by which you, as an individual, can be identified. It includes information such as your name, mailing address,telephone number, and email address. Your personal information includes sensitive personal data, which is information as to your racial or ethnic origin,political opinions, religious, philosophical or similar beliefs, trade union membership, physical or mental health, sexual life, commission of criminal offenses and involvement in criminal proceedings.

 

5.Information Automatically Collected

The Site may automatically collect certain information from users through tracking mechanisms such as “cookies” and other tools that collect information from your computer or browser. Cookies are computer files that are saved to your computer or device and which may store information about you, your computer or device, and browser. Information the Site/Client automatically collects includes, but is not limited to: IMEI, the IP address, model, manufacturer, operating system and version, browser type,as well as information about your use of the Site/Client (e.g., date and time of access, etc.). We may use this information for any lawful purpose, including, for example,using your IP address to help diagnose problems with our server, to operate the Site/Client, to help identify you, and to gather usage information.You may choose to decline cookies or other tracking mechanisms if your browser or system permits, but doing so may affect your ability to access or use certain features of the Site/Client.

 

6.Information From Other Sources

We may obtain both personal and non-personal information about you from business partners, contractors, and other third parties and add it to our account information or other information we have collected.

 

7.Accuracy of Information You Provide

When you supply personal information to us, you agree to supply accurate information only, and agree that we may assume its accuracy and rely on it.If we provide means for you to update your information, you agree to update the information to keep it accurate.

 

8.Use of Information

We use personal information to pursue our mission and operations, including the management of our Site/Client and to engage in related activities. This may include, but is not limited to: providing support; resenting information to you about new programs, products, and services; enforcing or exercising any rights in our terms of service; and performing functions as otherwise described to you at the time of collection. This statement of privacy practices is not a promise that your information will never be used except as described above; we reserve the right to use, disclose, retain, share, sell and otherwise deal with all information collected via the Site/Client internally or to third parties, for any lawful purpose or to prevent harm to us or others.

We may combine the personal information you provide to us with information we receive from or about you from other sources and use combined information as allowed by law.You acknowledge and agree that we may process your personal information outside your jurisdiction of origin.

 

9.Disclosure of Information

We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your personal information shared.We may share personal information with:

Service providers:We may share your personal information, which may include your name and contact information (including email address) with third parties that perform certain services on our behalf. These services may include providing support, performing data analysis, and providing and supporting Site/Client functionality and features. To the extent we provide access to your personal information to a service provider,they are not permitted to share or use the information for any purpose other than providing services to us.

Other situations: We also may disclose your personal information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency;to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. We reserve the right, but do not undertake a duty, to notify you of court orders, subpoenas or other legal process if allowed.If you do not want us to respond to legal process compelling us to disclose your information, you need to obtain a valid order permitting us to refuse to disclose it and serve the order on us at least 3 business days before the response deadline.

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Site/Client terms and conditions or other agreements or policies.

In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, reorganization, or asset sale,or in the unlikely event of bankruptcy, including to prospective or actual purchasers in connection with any of these transactions.

 

10.Aggregated and Non-Personal Information

We may share non-personal information we collect, without restriction. For example, we may share it with third parties to develop and deliver targeted advertising on the Site/Client and on websites of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information with third parties, including advisors, advertisers and investors,for the purpose of conducting general business analysis.

 

11.Third Party Websites

Through the Site/Client in the Site, you may access other websites/Clients that do not operate under this statement. For example, if you click on a friendly link or Apps on the Site/Client, you may be taken to a website/Client that is not operated by us. We recommend that you consult the privacy statements of all third-party websites you visit. They are often located at the bottom of the web page at a link titled "Privacy".

 

12.Retention of Personal Information

We generally will retain information for as long as required, allowed, or as we believe it useful. If you cease using the Site/Client, or your permission to use the Site/Client is terminated, we may continue to use and disclose your personal information in accordance with this statement of privacy practices as amended from time to time. We do not undertake retention obligations through this statement. We may dispose of information in our discretion without notice, subject to applicable law.

13.Information Security Measures

Keeping the personal information that we collect secure is of concern to us. We exercise care in facilitating the transmission of information between your computer and the servers that operate the 9Game Site/Client. Personal information collected by the Site/Client is stored in secure operating environments that are not available to the public. While we have mechanisms in place to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

 

14.Access to Your Information and Contacting Us

If you believe any of the information you have submitted to the site/client is inaccurate you can contact us at bryan@qserve.co.ke.We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical.

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