Terms of Service for Bituls Company Ltd

Last Updated: October 26, 2023

IMPORTANT NOTICE: These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “Client,” or “you”) and Bituls Company Ltd. (“Bituls,” “Bituls Ltd.,” “we,” “us,” or “our”), a company registered in Kenya, governing your use of our websites, applications, and services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Bituls is licenced by the Communications Authority of Kenya (CA) to provide GPS tracking services.

1. Introduction

Bituls Company Ltd. provides technology services in Kenya, primarily focusing on GPS tracking and fleet management solutions (Locate360 GPS Platform) and roadside assistance and towing services (Duma Rescue). These Terms govern your access to and use of all services offered by Bituls Ltd., including our websites (e.g., bituls.com, locate360.live), mobile applications, software, hardware, and any related support or consultations.

2. Definitions

• “Services”: Refers to all products and services offered by Bituls Ltd., including Bituls GPS Tracking and Duma Rescue.
• “Locate360 GPS Tracking”: Our comprehensive GPS tracking and fleet management solution, encompassing hardware, software access, and support.
• “Duma Rescue”: Our consumer-facing 24/7 roadside assistance and flat-bed towing services.
• “Client” / “User”: Any individual or entity that uses or accesses our Services.
• “Device(s)”: The GPS tracking hardware installed or provided by Bituls for Bituls GPS Tracking services.
• “Personal Data”: Any information relating to an identified or identifiable natural person, as defined by Kenyan data protection laws.
• “Website”: Refers to bituls.com and any other websites operated by Bituls Ltd.

3. General Conditions

• You must be at least 18 years old to use our Services or have the legal capacity to enter into a binding agreement.
• You agree to provide current, complete, and accurate information during registration and for all interactions with our Services.
• You acknowledge that Bituls Ltd. operates in Kenya and that all services are provided under Kenyan law.

4. Bituls GPS Tracking Services

These terms apply specifically to the Bituls GPS Tracking services, whether for auto lenders, businesses, or individual vehicle owners.

4.1 Service Provision

Bituls provides a comprehensive solution including the provision and installation of Devices, access to the Locate360 software platform, and ongoing support.

4.2 Device Ownership and Usage

• Bituls retains full ownership of all Devices installed or provided for the duration of the service agreement. You are granted a right to use the Device solely for the purpose of receiving Bituls GPS Tracking services.
• Upon termination of services or as otherwise instructed (e.g., loan repayment for auto-lending clients), Bituls shall have the right to remove its Devices from the vehicle(s) at your expense or as agreed upon.
• You agree not to tamper with, remove, reverse engineer, or otherwise modify the Devices without Bituls’ explicit written consent. Any damage to Devices due to tampering or misuse may result in charges.
• Devices have a useful life of approximately 5 years. Bituls reserves the right to remove and redeploy Devices from vehicles once the service period for that vehicle ends.

4.3 Data Accuracy and Limitations

• GPS tracking relies on satellite signals, cellular network availability, and proper Device installation and function. Bituls cannot guarantee uninterrupted service or 100% accuracy of location data due to factors beyond its control (e.g., satellite outages, cellular network blackouts, signal interference, environmental conditions).
• Bituls is not responsible for any inaccuracies, delays, or failures of the Service arising from network problems, Device malfunction outside of warranty, or acts of third parties.

4.4 Client Responsibilities (for GPS Tracking)

• Consent for Tracking: If you are tracking vehicles driven by other individuals (e.g., employees, loan recipients), you are solely responsible for obtaining all necessary legal consents and disclosures from those individuals regarding their tracking. Bituls acts as a data processor and relies on you, the Client, to be the data controller and comply with all applicable data protection laws, including the Kenyan Data Protection Act, 2019.
• Lawful Use: You agree to use Bituls GPS Tracking Services solely for lawful purposes and in compliance with all applicable laws, rules, and regulations in Kenya. You shall not use the Services for any illegal, unethical, or unauthorized tracking activities.
• Vehicle Access: You must ensure Bituls has safe and timely access to vehicles for Device installation, maintenance, and removal.
• Battery Maintenance: While Devices are designed for low power consumption, prolonged vehicle inactivity may impact vehicle battery life. You are responsible for maintaining your vehicle’s battery.

4.5 Revenue Model (for Auto-Lending Clients)

• For auto-lending and financing clients, Bituls charges a fixed, recurring monthly fee per active Device.
• The monthly fee is not prorated; the first payment covers the full month from the day of installation. Invoices are issued at the end of each month for all active Devices.

5. Duma Rescue Services

These terms apply specifically to the Duma Rescue 24/7 roadside assistance and towing services.

5.1 Service Availability

Duma Rescue services are available 24 hours a day, 7 days a week, primarily within Nairobi and its immediate environs. Service availability may be affected by extreme weather, traffic conditions, road closures, or other unforeseen circumstances.

5.2 Scope of Services

Duma Rescue provides roadside assistance (e.g., jump starts, tire changes, fuel delivery, lockouts) and flat-bed towing services for vehicles experiencing breakdowns or accidents. The specific services provided will be determined based on the nature of the assistance required and the capabilities of Duma Rescue personnel and equipment.

5.3 Emergency Nature & Response Times

• Duma Rescue aims to provide prompt assistance; however, response times are estimates and may vary depending on factors such as traffic, distance, weather, and demand. Bituls is not liable for delays caused by circumstances beyond its reasonable control.
• You acknowledge that roadside assistance and towing involve inherent risks. While Duma Rescue personnel will exercise due care, Bituls is not liable for minor cosmetic damages that may occur during the normal course of towing or roadside assistance, or for damages resulting from pre-existing vehicle conditions.

5.4 Pricing and Payment (Duma Rescue)

• Pricing for Duma Rescue services will be provided as a quote prior to dispatching assistance.
• You agree to pay the quoted fee upon completion of the service. Payment methods will be communicated by Duma Rescue personnel.
• Failure to pay for services rendered may result in legal action to recover outstanding amounts.

5.5 Your Responsibilities (Duma Rescue)

• You must provide accurate location and vehicle details.
• You must be present at the vehicle’s location or ensure an authorized representative is present.
• You are responsible for securing your vehicle and its contents prior to towing.
• You must comply with instructions given by Duma Rescue personnel for safety and efficient service delivery.

6. User Accounts and Security

• To access certain Services, you may be required to register for an account. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
• You agree to notify Bituls immediately of any unauthorized use of your account or any other breach of security.
• Bituls will not be liable for any loss or damage arising from your failure to comply with this Section.

7. Billing and Payments (General)

• You agree to pay all fees for Services as per the agreed pricing models and payment terms.
• Bituls reserves the right to change its pricing with reasonable notice to clients.
• Failure to make timely payments may result in the suspension or termination of Services.
• Unless otherwise agreed, all payments are non-refundable.

8. Intellectual Property

• All content on the Website, software platforms (excluding any open-source software used as ‘core’, but including Bituls’ customizations, branding, and interfaces), designs, logos, trademarks, and other intellectual property (“IP”) are the property of Bituls Ltd. or its licensors.
• You are granted a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business or personal use, as applicable, subject to these Terms.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of our IP without our prior written consent.

9. Data and Privacy

• Your use of our Services is subject to our Privacy Policy, which details how we collect, use, store, and disclose your Personal Data. By using our Services, you consent to the data practices described in our Privacy Policy.
• For Bituls GPS Tracking, while Bituls processes the tracking data, the Client (you) generally remains the controller of the data related to the vehicles and individuals you track.

10. Disclaimers and Limitation of Liability

• Service “As Is”: ALL SERVICES, INCLUDING THE WEBSITE AND HARDWARE DEVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BITULS LTD. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
• No Guarantee: Bituls does not warrant that the Services will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not guarantee the accuracy, completeness, or reliability of any data or information obtained through the Services.
• GPS Limitations: Bituls is not responsible for any loss, damage, or liability resulting from the failure of GPS signals, cellular networks, device tampering, theft of the vehicle, or any other event beyond its reasonable control.
• Duma Rescue Limitations: While Duma Rescue strives for professional service, Bituls is not liable for any delays in service delivery due to traffic, adverse weather, accidents, or other unforeseen circumstances. Bituls is not liable for pre-existing damage to vehicles or minor cosmetic damage that may occur during the normal handling of a vehicle for towing or roadside assistance.
• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BITULS LTD., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
• Aggregate Liability: Bituls’ total aggregate liability arising out of or related to these Terms or the Services shall not exceed the total amount paid by you to Bituls for the Services in the twelve (12) months preceding the event giving rise to the liability.

11. Indemnification

You agree to indemnify, defend, and hold harmless Bituls Ltd., its affiliates, officers, directors, employees, consultants, agents, and licensors from any and all third-party claims, liability, damages, and costs (including, but not limited to, reasonable attorney fees) arising from:

• Your use of the Services in violation of these Terms.
• Your infringement of any intellectual property or other right of any person or entity.
• Your failure to obtain necessary consents for tracking individuals or vehicles.
• Your violation of any applicable Kenyan law or regulation.

12. Termination

• By You: You may terminate your account and discontinue use of the Services at any time by contacting us, subject to any minimum contract periods or outstanding payment obligations.
• By Bituls: We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms, misuse the Services, or for non-payment.
• Consequences of Termination: Upon termination, your right to use the Services will immediately cease. For Bituls GPS Tracking, we will arrange for the removal of our Devices from your vehicles. You remain liable for any outstanding fees incurred prior to termination. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

• These Terms shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
• Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or invalidity thereof shall be settled by amicable negotiation between the parties. If an amicable settlement cannot be reached within thirty (30) days, the dispute shall be referred to the exclusive jurisdiction of the Courts situated in Nairobi, Kenya.

14. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

15. Contact Information

If you have any questions about these Terms, please contact us:

Bituls Company Ltd.

Email: privacy@bituls.com

Phone: +254 722 969 847

Address: Rhodes Court, 3rd Floor, Upper Hill Road, Upper Hill, Nairobi, Kenya, or by visiting this page on our website: https://www.bituls.com/contact