Terms & Conditions

1.0 INTRODUCTION

1.1 1.1 You should read these Terms carefully. If you do not accept these Terms, you must immediately cease accessing and using the Portal.

1.2 These terms and conditions apply to your access to and use of the Shamba IKONET portal including your use of the GS1 standards on the Portal.

1.3 In accessing and using the Shamba IKONET portal, you acknowledge that these Terms form a legally binding agreement between you (either as an individual or an organization on whose behalf you access the Portal) and Shamba IKONET Limited.

1.4 You consent to Shamba IKONET’s collection, disclosure, use and keeping of personal information to us in accordance with the terms of our Privacy Policy.

1.5 In addition to these Terms, your use of the Portal, and the Shamba IKONET system through the Portal, is also governed by the following documents:

• (a) The Shamba IKONET Privacy Policy

1.6 By accessing the site and using the Portal, you acknowledge that you have read, understood and agree to be legally bound by Terms and Conditions in 1.4 and 1.5 above.

2.0 ACCESS

2.1 In order to access the Portal, you are required to register and activate your account by creating a user name and password. You are responsible for keeping this user name and password secure and responsible for all use and activity carried out under this user name.

2.2 In accessing and using the Portal, you agree:

• (a) That you will only use the Portal strictly in accordance with these Terms;
• (b) To provide true and accurate information to Shamba IKONET in respect of any transaction or lodgment made through the portal;
• (c) Not to provide false or misleading information or engage in misleading or deceptive conduct in connection with the Portal;
• (d) Not to access or attempt to access materials or functions on the Portal you are not authorized to use;
• (e) Not to interfere with or disrupt (or attempt to interfere or disrupt) the rights of others to use the portal;
• (f) Not to use the portal to conduct or solicit the performance of any illegal activity; and
• (g) That you are responsible for actively managing correspondence sent by Shamba IKONET to You through the Portal.

3.0 BREACHES BY USERS

3.1 In the event of breach of these terms and conditions, Shamba IKONET reserves the right to remove, deny access or suspend access.

3.2 If any user breaches any Terms, or if Shamba IKONET has reasonable grounds to believe that a user is in breach of any Terms, Shamba IKONET shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:

• (a) suspending or terminating the user’s account and any and all accounts determined to be related to such account by. Shamba IKONET in its discretion;
• (b) restricting, suspending or terminating access to, or current or future use of any Service;
• (c) removing any product listings or other user content that the user has submitted, posted or displayed, or imposing restrictions on the number of product listings;
• (d) imposing other restrictions on the user’s use of any features or functions of any Service as Shamba IKONET may consider appropriate in its sole discretion; and
• (e) any other corrective actions, discipline or penalties as Shamba IKONET may deem necessary or appropriate in its sole discretion.

3.3 Without limiting the generality of the provisions of the Terms, a user would be considered as being in breach of the Terms in any of the following circumstances:

• (a) Shamba IKONET has reasonable grounds to suspect that any information provided by the user is not current or complete or is untrue, inaccurate, or misleading, or
• (b) Shamba IKONET believes that the user’s actions may cause financial loss or legal liability to Shamba IKONET or our affiliates or any other users of the system.

3.5 Shamba IKONET reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, to the extent permitted by applicable laws and policies, Shamba IKONET may disclose the User's identity, contact information and/or information regarding the User's account(s), or activities carried out on or via the portal, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Shamba IKONET shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against Shamba IKONET for such disclosure.

3.6 Shamba IKONET may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the user’s use of any service without being liable to the user, if Shamba IKONET has received notice that the user is in breach of any agreement or undertaking with any affiliate of Shamba IKONET and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Shamba IKONET shall not be required to investigate such breach or request confirmation from the user.

4.0 USE OF THE PORTAL

4.1 The portal is provided to assist Shamba IKONET users to access various resources and tools to utilize the Shamba IKONET system and other services of Shamba IKONET.

4.2 We may suspend or remove access to some or all of the portal, conditionally or unconditionally, in our absolute discretion. Some parts of the portal may only be available to certain classes of Shamba IKONET staff.

4.3 We may accept or reject any request placed through the Portal in our discretion. We may cancel any request if there is an error or omission in the request or if the request is unable to be processed.

5.0 INTELLECTUAL PROPERTY

5.1 All intellectual property in the Portal, including all copyright and trademarks, is owned by Shamba IKONET unless they are sourced from a third party.

6.0 DATA PROTECTION & HANDLING

6.1 we are now certified by the Office of the Data Protection Commissioner (ODPC) as both a data processor and a data controller. Our certification identification number is 389-850C-05EB. This certification attests to our compliance with the highest standards of data protection and privacy regulations. As a certified data processor and data controller, Shamba IKONET is committed to ensuring that all personal data we handle is processed and stored securely, transparently, and in full compliance with applicable data protection laws. We have implemented robust measures to safeguard your data and maintain its confidentiality, integrity, and availability at all times. By using our services, you acknowledge and agree to our role as a certified data processor and data controller, and you consent to our data processing practices as outlined in our Privacy Policy .

7.0 DISCLAIMER

7.1 Shamba IKONET liability is to protect the data provided and shall not pass to a third party without your consent as per Data Protection Act of Kenya, 2019.

7.2 Shamba IKONET will accept all data entered by you on the portal as true, accurate, complete and lawful. Shamba IKONET shall not be liable to any discrepancies, omissions or commissions.

8.0 GOVERNING LAW

8.1 These Terms and Conditions are governed by the laws in force in Kenya and you agree to submit to the exclusive jurisdiction in respect of any dispute arising from these Terms and Conditions.

9.0 AMENDMENTS TO TERMS

9.1 Shamba IKONET reserve the right to amend these Terms and Conditions from time to time.

10.0 DEFINITIONS

Fees means Shamba IKONET’s fees for the use of any solution or service as published by Shamba IKONET from time to time (and Fee has a corresponding meaning).

Shamba IKONET means the GS1 Member Organization with an exclusive license granted by GS1 AISBL to allocate GS1 ID Keys in Kenya and means the legal entity Shamba IKONET Limited (registration number).

Portal means the Shamba IKONET online platform and includes any solutions or services accessible therein.

Privacy Policy means the Shamba IKONET Privacy Policy which is set out here

Terms means the terms and conditions of this agreement.

You and Your means the person/entity/representative accessing the Portal and/or any of the application services or solutions accessible therein.