Our Terms and Conditions | Twocan Africa International

Introduction

Welcome to Twocan Africa International (Twocan). These Terms and Conditions ("T&Cs") govern your purchase and use of Twocan's products and services. By placing an order or using TWOCAN's services, you agree to comply with and be bound by these T&Cs.

1. Definitions

Customer: Any individual or entity that purchases Products for their own use or consumption
Product: Push-to-Talk Over Cellular (PoC) radios and related accessories offered for sale by Twocan.
Reseller: Any entity that purchases Products with the intention of reselling them to end users.
Services: Software services provided to You by Twocan through an Agreement, where applicable.
You: Reseller and Customer collectively.

2. Your Responsibility

2.1 Lawful Use:

You agree not to use the services for any illegal purposes or activities prohibited by these T&Cs. You must comply with all applicable laws and regulations.

2.2 Respect for Rights

You agree to respect the rights of others when using the services. You will not upload, transfer, or make available any content that infringes on the rights of any third party, including their intellectual property rights.

2.3 Prohibited Content

You agree not to upload, transfer, or make available any content that is obscene, vulgar, sexually-oriented, hateful, or threatening. Twocan strictly prohibits unsolicited messaging and unauthorized advertisements while using the services.

2.4 Zero Tolerance Policy on Child Sexual Abuse Content

Twocan maintains a zero-tolerance policy regarding child sexual abuse content. Any user found to publish or distribute such content will have their access terminated and will be reported to the appropriate authorities.

2.4 Intellectual Property

You acknowledge that information of any kind presented to You via the services may be protected by copyright, trademark, patent, and/or other proprietary rights and laws. You agree not to violate these laws or infringe these rights in any way.

3. Ordering and Payment

3.1 Order Acceptance

All orders are subject to acceptance by TWOCAN. TWOCAN reserves the right to refuse or cancel any order at its discretion.

3.2 Pricing

Prices for products shall be detailed in the agreement and are subject to change without notice. Prices do not include taxes, shipping, and handling charges, which will be added to your total purchase price, where applicable.

3.3 Payment Terms

Payment is due at the time of order unless otherwise agreed in writing by Twocan. Accepted payment methods and currency will be specified in the Agreement.

3.4 Discounts and Additional Fees

Twocan may apply discounts to the subscription fee for extended periods at its discretion. Additional fees may apply if You require enhanced data and/or storage capacity.

4. Delivery

4.1 Delivery Place

Delivery shall be complete when Twocan confirms that the Product is stored in its premises or designated location. Twocan shall not be liable for any delays in delivery.

4.2 Shipping

Unless otherwise agreed, You are responsible for engaging a shipping or transportation agent. You shall collect the Product within the agreed timelines in the Agreement. Failure to collect the Product within the agreed timelines shall attract a storage fee. Twocan may cancel an order if collection is delayed without communication from you.

4.3 Risk of Loss

Risk of loss and damage to Products passes to you when Twocan has made the Products available for collection at Twocan's premises within the agreed upon delivery date. Title shall only pass to You upon making payment in full.

5. Representations

The person who signs the Agreement shall be deemed to have authority to bind the Customer to these T&Cs. Twocan shall not be under an obligation to make inquiries as to whether the person has such authority.

6. Returns and Warranty

6.1 Refunds, Returns, Warranty and Liability Policy

Twocan’s Refunds, Return, Warranty and Liability Policy shall apply.

6.2 Manufucturer's Warranty

Twocan will not be liable for any fault in the Product outside the manufacturer’s warranty. Any logistical expense reasonably incurred by Twocan in extending such benefit shall be held to your account. This warranty is the only warranty given by Twocan and specifies its entire liability including liability for negligence.

6.3 Disclaimer of Warranties and Guarantees

The services are provided "as is" without any warranties or guarantees. Twocan does not guarantee that your use of the services will be free from problems.

6.4 Service Provision

Twocan warrants to maintain a dedicated service contact for assistance with malfunctions, maintain adequate server capacity, and keep a sufficient stock of replacement batteries and antennas.

7. Resale

7.1 Resellers

Resellers must comply with all applicable laws and regulations when reselling the Products. Resellers are responsible for providing accurate Product information and customer support to their Customers.

7.2 Restrictions

Resellers may not resell Products on third-party marketplaces without prior written consent from Twocan.

8. Technical Support and Service Levels

8.1 Technical Support

Twocan provides technical support for all Products. Support contact details and hours of operation will be specified in the Agreement.

8.2 Service Levels

Twocan will use reasonable efforts to meet the service levels agreed upon in the Agreement, including response times for support queries.

9. Training and Onboarding Support

Twocan will provide initial training and onboarding support to Customers and Resellers as specified in the Agreement. Training materials, schedules, and additional support details will be provided.

10. Privacy and Data Protection

Twocan will handle and protect customer data in accordance with applicable data protection laws and regulations. Detailed privacy policies and practices will be outlined in a separate document provided upon request.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance under these T&Cs due to circumstances beyond its reasonable control, including, but not limited to, acts of God, war, natural disasters, pandemics, government regulations, strikes, and other force majeure events.

12. Governing Law and Dispute Resolution

These T&Cs shall be governed by and construed in accordance with the laws of Kenya without regard to its conflict of law principles. Any disputes arising out of or relating to these T&C shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration in accordance with the Arbitration Act No. 4 of 1995, Laws of Kenya.

13. Changes to Terms

Twocan reserves the right to modify these T&Cs at any time. Changes will be effective immediately upon notification. Your continued use of the services following the posting of revised T&Cs means that You accept and agree to the changes.

14. Changes to Service and Termination

14.1 Modification or Discontinuation

Twocan reserves the right to modify or discontinue the services, in whole or in part, at any time, with or without notice.

14.2 Termination

Twocan may terminate your access to the services at any time. If terminated for reasons other than breach of these T&Cs by You, Twocan will refund any prepaid but unused fees.

15. Notices

All notices required or permitted under these T&Cs shall be in writing and delivered to the addresses specified in the Agreement. Notices shall be deemed received when delivered in person, sent by email, or via certified mail.

16. Severability

If any provision of these T&Cs is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

17. Waiver

The failure of Twocan to enforce any right or provision of these T&Cs will not be deemed a waiver of such right or provision.

18. Entire Agreement

These T&Cs, together with the Agreement, constitute the entire agreement between You and Twocan regarding the purchase of Products, superseding any prior agreements.

19. Contact Information

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