Terms of Use & Legal Disclosures
Effective Date: 2009
Version: 4.0 (AMTL Rig 2009 – Construction, Cleaning & Housekeeping)
Welcome to African Memsap Technology Limited (AMTL) – provider of afriCore OS, Construction Technology Solutions, Cleaning & Housekeeping Technology, and related ICT services.
This Agreement explains our obligations as a service provider and your obligations as a User. If you are under the age of 13, you may not use our Site or Services.
In simple terms
This is the legal contract between you and AMTL. Please read it carefully – it covers all our technology services for SACCOs, builders, and cleaning companies.
This Agreement includes a binding arbitration provision (Section 13) which requires that most disputes be resolved through individual arbitration in Kenya, not in court.
By using any of our Services, creating an account, or otherwise accessing our platforms, you agree to be bound by this Agreement.
IF YOU ARE DISSATISFIED WITH THIS AGREEMENT OR OUR SERVICES, YOUR ONLY REMEDY IS TO STOP USING THEM.
1. Definitions
• “AMTL”, “we”, “us” – African Memsap Technology Limited (Kenya), also referred to as “Memsap”.
• “afriCore OS” – our digital operating system for SACCOs, cooperatives, welfare associations, including member management, savings, shares, loans, transport/courier tracking, and SASRA compliant reporting.
• “Construction Technology Solutions” – project management, equipment tracking, workforce coordination, material costing, and progress monitoring for construction businesses.
• “Cleaning & Housekeeping Technology” – job scheduling, client management, inventory tracking, quality assurance, and route optimisation for cleaning and housekeeping service providers.
• “Services” – collectively, afriCore OS, Construction Tech, Cleaning & Housekeeping Tech, ICT consulting, training, and any custom software development provided by AMTL.
• “User”, “you” – any business or individual that accesses or uses our Services.
• “Business Owner” – a SACCO, cooperative, welfare association, construction company, cleaning/housekeeping firm, or other entity that registers an account.
Simple terms
We define key words so you know exactly what we mean – whether you’re a SACCO, a builder, or a cleaning company.
2. Our Services
AMTL provides technology solutions for:
Industry Services
SACCOs / Cooperatives / Welfare Member management, savings, shares, loans, repayment tracking, transport/courier, SASRA report templates
Construction Project tracking, equipment & material management, workforce scheduling, cost control
Cleaning & Housekeeping Job scheduling, client CRM, inventory, quality assurance, route planning
General ICT Consulting, training, custom software development
We may add, change, or remove features at any time without notice.
3. Acceptance of Terms
By accessing or using any part of our websites (africore-os.com) or registering for any Service, you agree to be bound by this Agreement. If you do not agree, you must immediately stop using our Services.
4. Account Registration & Security
• You must provide true, accurate, and complete information during registration.
• You are responsible for keeping your login credentials confidential.
• You are liable for any activity that occurs under your account, whether authorised by you or not.
• You must notify us immediately of any unauthorised access at security@africore-os.com (with CC to info@africanmemsap.co.ke).
We may require your physical business address (not a P.O. Box) for verification.
Simple terms Don’t lie on registration. Keep your password safe. Tell us immediately if someone hacks you.
5. Your Obligations by Service Line
5.1 afriCore OS (SACCOs/Cooperatives)
• Comply with the SACCO Societies Act and SASRA regulations.
• Ensure all member, savings, and loan data is accurate.
• SASRA report templates are provided for convenience; we do not guarantee regulatory compliance.
5.2 Construction Technology
• Comply with NCA regulations, site safety laws, building codes, and project contracts.
• Our tools assist with project management but do not constitute professional engineering advice.
5.3 Cleaning & Housekeeping Technology
• Comply with employment laws, health & safety regulations, and client agreements.
• Our scheduling and inventory tools are operational aids, not legal guarantees.
5.4 All Services
• You must obtain all necessary consents under the Kenya Data Protection Act, 2019 before entering personal data of members, employees, or clients into our systems.
• You are solely responsible for the accuracy, completeness, and legality of all data you provide.
In Simple terms
You must follow the laws for your industry (SASRA, NCA, labour laws). You are responsible for your data.
6. Prohibited Activities
You may not:
• Use our Services for any illegal or fraudulent purpose.
• Upload malware, viruses, or harmful code.
• Attempt to gain unauthorised access to our systems or another user’s account.
• Publish offensive, discriminatory, or obscene material.
• Lease, sell, or sublicense our Services without our written consent.
• Interfere with the proper working of our platforms.
Simple terms
No illegal stuff, no hacking, no abuse.
7. Intellectual Property
• All software, designs, text, images, and tools provided by AMTL are owned by us or our licensors.
• You may not copy, reverse engineer, modify, or resell our Services.
• You own all data you enter into our systems.
• You grant AMTL a perpetual, royalty free, non exclusive licence to use your data to provide, maintain, and improve our Services.
You may take screenshots for illustrative purposes, provided you do not imply endorsement by AMTL.
Simple terms
We own our technology. You own your data. Don’t steal our stuff.
8. Privacy & Data Protection (Kenya)
• Our Privacy Policy (available on our websites) complies with the Kenya Data Protection Act, 2019.
• We use reasonable security measures to protect your data, but 100% security cannot be guaranteed.
• We will not sell or share your personal data except:
o To provide the Services (e.g., hosting, support)
o To comply with a court order or lawful government request
o For fraud prevention or security investigations
• If you discover a security breach, notify us immediately at security@africore-os.com (CC to info@africanmemsap.co.ke).
Simple terms
We follow Kenyan privacy law. Your data belongs to you. We only share if the law forces us.
9. Fees & Payments
• Fees for each Service (setup, subscription, consulting, development) will be provided in a separate quote or invoice.
• Fees are non refundable unless required by law.
• Late payments may result in suspension of access to the relevant Service.
Simple terms
Pay what you agreed. No refunds unless the law says otherwise.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY KENYAN LAW:
• All Services are provided “AS IS” and “AS AVAILABLE”.
• We are NOT LIABLE for any indirect, incidental, special, or consequential damages (including lost profits, data loss, business interruption, project delays, or cleaning contract losses) arising from your use of any Service.
• Our total liability to you for any claim shall not exceed the fees paid by you to us in the preceding 3 months.
• We are not responsible for errors caused by incorrect data you enter, or for your failure to comply with any regulations (e.g., SASRA, NCA, labour laws).
Simple terms
We do our best, but we are not responsible for losses caused by your mistakes or things outside our control. Use at your own risk.
11. Termination
• By you: You may close your account at any time by contacting support@africore-os.com.
• By us: We may suspend or terminate your access immediately if you breach this Agreement, commit fraud, or pose a security risk.
• Effect: Upon termination, your licence ends. We may delete your data after a reasonable period. Sections on liability, arbitration, data ownership, and intellectual property survive termination.
Simple terms
You can leave anytime. We can kick you off if you break the rules. Some parts continue after closure.
12. Electronic Communications
By using our Services, you consent to receive communications from us electronically (email or SMS). These have the same legal effect as paper documents. You may withdraw consent, but that may affect your ability to use certain Services.
13. Governing Law & Dispute Resolution (Arbitration)
13.1 Governing Law
This Agreement is governed by the laws of the Republic of Kenya.
13.2 Binding Arbitration
Except for small claims, any dispute arising from this Agreement or your use of our Services shall be resolved by binding individual arbitration in Mombasa, Kenya, under the Kenyan Arbitration Act (Cap 49).
• The arbitration shall be confidential, with a single arbitrator mutually agreed by the parties.
• If no agreement, the Chartered Institute of Arbitrators (Kenya Branch) will appoint an arbitrator.
• Each party bears its own costs; arbitrator fees shared equally unless the arbitrator decides otherwise.
• NO CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS are permitted. You waive any right to participate in a class action against AMTL.
13.3 Small Claims Exception
Either party may bring an individual claim in a small claims court in Kenya if the amount in dispute is within that court’s jurisdiction.
Simple terms
Kenyan law applies. Most disputes go to arbitration in Mombasa – no class action lawsuits. Small claims court is still an option.
14. Force Majeure
We are not liable for any delay or failure caused by events beyond our reasonable control, including natural disasters, pandemics, power failures, strikes, riots, war, or government actions.
15. General Provisions
• Entire Agreement – This Agreement is the complete agreement between you and AMTL.
• Amendment – We may update this Agreement with reasonable notice (e.g., by email or website posting). Continued use means acceptance.
• Severability – If any part is invalid, the rest remains in force.
• No Waiver – Our failure to enforce a right does not waive that right.
• Language – This Agreement is in English only.
16. Contact Information
African Memsap Technology Limited (AMTL)
City House Fontanella, Box 43366, Mombasa, Kenya
Email contacts:
• Support: support@africore-os.com
• General inquiries: info: info@africore-os.com
• Legal / privacy: info@africanmemsap.co.ke
• Security: security@africore-os.com/CC to info@africanmemsap.co.ke)
Phone: 0202318400
Acknowledgment
By signing below or by using any of our Services (afriCore OS, Construction Tech, Cleaning & Housekeeping Tech, ICT consulting, or custom software), you acknowledge that you have read, understood, and agree to be bound by this Terms of Use & Legal Disclosures agreement.
