Terms and Conditions

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1. Acceptance of Terms

By accessing or using the AdvaPOS platform, website, or mobile application (collectively, the "Service"), you agree to be bound by these Terms and Conditions and all applicable laws of the Republic of Kenya. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

2. Description of Service

AdvaPOS provides a cloud-based point-of-sale (POS) and inventory management solution as a software-as-a-service (SaaS). The Service includes web dashboards, mobile applications, and integration with third-party devices and fiscal systems (e.g., KRA eTIMS).

3. User Accounts & Security

  • Eligibility: You must be a legally registered business or sole proprietor in Kenya or your respective jurisdiction.
  • Security: You are responsible for maintaining the confidentiality of your credentials. Any activity occurring under your account is your responsibility.
  • Unauthorized Access: You must notify us immediately of any breach of security or unauthorized use of your account.

4. Data Ownership & Responsibility

Account Data: You retain all rights and ownership to the data you input into the Service (e.g., sales records, customer lists). You grant us a limited license to process this data strictly for the purpose of providing and improving the Service.

Compliance: You are solely responsible for ensuring that the data you collect (from your staff and customers) is handled in compliance with the Data Protection Act, 2019.

5. Fiscalization & Tax Compliance

AdvaPOS provides tools to assist with KRA eTIMS compliance. However, you remain the tax-paying entity and are responsible for the accuracy of the data transmitted to tax authorities. We shall not be held liable for penalties arising from incorrect tax categorization or business operation errors made by you.

6. Fees and Payments

  • Subscriptions: The Service is provided on a subscription basis (Monthly or Annual).
  • Late Payment: Failure to pay fees within seven (7) days of the due date may result in suspension of access.
  • Non-Refundability: Fees are non-refundable except where required by Kenyan consumer protection laws.

7. Intellectual Property

All rights, title, and interest in the AdvaPOS software, designs, algorithms, and branding belong exclusively to AdvaTech Office Supplies Ltd. You may not copy, modify, distribute, or reverse engineer any part of the Service.

8. Limitation of Liability

To the maximum extent permitted by law, AdvaTech Office Supplies Ltd shall not be liable for any indirect, incidental, or consequential damages, including loss of profits or data. Our total liability for any claim arising out of these terms shall not exceed the total amount paid by you for the service in the six (6) months preceding the claim.

9. Termination

You may terminate your subscription at any time. Upon termination, we will allow thirty (30) days for you to export your business data. After this period, we reserve the right to delete all data associated with your account.

10. Governing Law & Dispute Resolution

These Terms are governed by the Laws of the Republic of Kenya. Any disputes shall first be resolved through good-faith mediation. Failing mediation, the dispute shall be referred to arbitration under the rules of the Chartered Institute of Arbitrators (Kenya Branch).

11. Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of major changes. Continued use of the Service after such modifications constitutes acceptance of the new terms.

For inquiries regarding these terms, contact info@advatech.co.ke