Terms of Service

Effective Date: March 15, 2024
Last Updated: September 10, 2024

Welcome to Biashara Books! These Terms of Service ("Terms") govern your access to and use of Biashara Books’ website, products, and services, including our Point of Sale Software, Accounting module, HRM, CRM, and other related tools (collectively, "Services").

By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Definitions

"Biashara Books," "we," "our," or "us" refers to Biashara Books and its parent company, affiliates, and partners.

"User," "you," or "your" refers to the individual, business, or entity using our Services.

"Services" include our software, modules, platform, website, and related tools provided via https://biasharabooks.co.ke or any authorized channels.

2. Eligibility

To use Biashara Books, you must:

Be at least 18 years old.

Have legal authority to bind your business to these Terms if using our Services on behalf of an organization.

Comply with all applicable local, national, and international laws.

3. Services Provided

Biashara Books provides:

Point of Sale software.

Accounting and financial reporting modules.

Payroll, HRM, CRM, and Asset Management tools.

Business automation features (e.g., sales, inventory, tax, expense management).

Access to business insights, analytics, and system-generated reports.

We may add, remove, or modify features periodically to improve the platform.

4. Account Registration

To access most Services, you must create an account and provide accurate and complete information. You are responsible for:

Maintaining the confidentiality of your login details.

Ensuring all information provided is current and accurate.

All activities that occur under your account.

You agree to notify us immediately of any unauthorized access or breach of security.

5. Acceptable Use

You agree not to:

Use the Services for any illegal, fraudulent, or harmful activities.

Attempt to gain unauthorized access to other user accounts, systems, or networks.

Distribute malware, viruses, or other harmful software.

Upload false, misleading, or unlawful business data (e.g., fake invoices or reports).

Violate any intellectual property rights belonging to Biashara Books or third parties.

We reserve the right to suspend or terminate your account if you violate these restrictions.

6. Fees and Payment

Some Services require payment of subscription fees. By subscribing, you agree to:

Pay all applicable fees as per your selected plan (Basic, Standard, or Premium).

Allow automatic billing (if selected) through authorized payment channels (e.g., M-Pesa, Pesapal).

Settle invoices within the agreed billing cycle.

Failure to pay on time may result in suspension or termination of Services.

7. Data Ownership and Responsibility

Your Data: You retain ownership of the business data you input into Biashara Books (e.g., customer lists, transactions).

Our Rights: We have a limited license to process your data solely for the purpose of providing Services and improving functionality.

User Responsibilities: You are solely responsible for the accuracy and legality of the data you provide.

8. Intellectual Property

All content and materials provided via Biashara Books, including logos, software code, system architecture, documentation, and designs, are the exclusive property of Biashara Books or its licensors.

You may not:

Copy, reproduce, or redistribute our software or services without written permission.

Reverse engineer, decompile, or attempt to extract the source code.

9. Third-Party Services

Biashara Books may integrate with third-party services such as payment processors, SMS gateways, and tax authorities (e.g., KRA). We are not liable for:

Any disruption caused by third-party services.

Their privacy practices or terms.

It is your responsibility to review and comply with third-party terms and conditions.

10. Termination

We reserve the right to suspend or terminate your access to Biashara Books:

If you breach these Terms.

If required by law or regulatory authorities.

Upon discontinuation of our Services.

You may also terminate your account at any time by contacting support@biasharabooks.co.ke.

Upon termination:

Your access to the platform will be revoked.

Data retention will follow our Privacy Policy.

11. Limitation of Liability

To the maximum extent permitted by law:

Biashara Books shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business interruptions.

Our total liability for any claims under these Terms shall not exceed the amount paid by you to us in the past 12 months for the Services.

12. Warranties Disclaimer

Biashara Books provides Services “as-is” and “as available.” We do not warrant that:

The Services will be uninterrupted, timely, or error-free.

The Services will meet your specific business requirements.

You acknowledge that you use the platform at your own risk.

13. Indemnification

You agree to indemnify and hold Biashara Books, its officers, employees, and affiliates harmless from any claims, damages, or expenses (including legal fees) arising from:

Your breach of these Terms.

Your violation of applicable laws or regulations.

Any third-party claims related to data you submit to Biashara Books.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the Kenyan courts.

15. Amendments

We may revise these Terms from time to time. Continued use of the Services after such changes constitutes your acceptance of the new Terms. Major changes will be communicated via email or platform notifications.

16. Contact Information

For questions regarding these Terms, contact:

Biashara Books
Mwembe Tayari, Mombasa, Kenya
Phone: +254 792 430 508
Email: support@biasharabooks.co.ke
Website: https://biasharabooks.co.ke