Terms & Conditions

1. INTERPRETATION

In these Terms & Conditions (these “T&C”) –

1.1 Unless the context clearly indicates a contrary intention, an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa, and the singular includes the plural and vice versa;

1.2 Clause headings are inserted for convenience only and shall not be used in its interpretation;

1.3 The provisions relating to interpretation in Spartec’s T&C’s, Spartec’s Interpretation Schedule & Glossary of Terms shall apply, and the expressions defined in Spartec’s T&C’s, Spartec’s Interpretation Schedule & Glossary of Terms, and on Spartec’s IT Platform shall bear the same meaning herein.

 

2. INTRODUCTION

2.1 The Spartec IT Platform to which these T&C’s apply and for which Spartec is responsible includes the Spartec Website, the Spartec Portal, Spartec Hardware, and Spartec Software.

2.2 These T&C’s incorporate Spartec’s IT Platform Privacy & Usage Policy, including how Spartec will use and protect any personal information that the User provides when using Spartec’s IT Platform.

2.3 Spartec is not liable for the content of the Spartec IT Platform. The User must pay particular attention to the Limitation of Liability, Content Disclaimer, and Disclaimer sections of these T&C’s.

2.4 The User must read these T&C’s carefully. Together with the Disclaimers and Regulatory Disclosures, they govern Spartec’s relationship with the User in relation to the use of the Spartec IT Platform.

2.5 Spartec’s IT Platform is currently intended for Users who access the Spartec IT Platform within East Africa. Because of this, Spartec cannot guarantee that the Spartec IT Platform or the information on it complies with or is appropriate for use in other countries.

2.6 By using the Spartec IT Platform in any way, the User signifies their agreement with these T&C’s and to be bound by them.

2.7 If the User has any questions about these T&C’s or does not wish to accept them, please contact Spartec’s Legal Department at (+254) 709 55 2000 before using the Spartec IT Platform. Using or accessing the Spartec IT Platform indicates acceptance of these T&C’s. If the User does not accept these T&C’s, they must not continue to use the Spartec IT Platform.

 

3. USE OF THE WEBSITE

3.1 Spartec has made the IT Platform available to the User for commercial use and for the purposes of the Services provided by Spartec. Spartec may modify, withdraw, or deny access to the IT Platform at any time.

3.2 The IT Platform is specifically excluded from use or operation in connection with any products, systems, applications, or hardware other than the Services provided by Spartec.

 

4. INFORMATION

4.1 Protection

4.1.1 It is of utmost importance to Spartec that Users visiting the IT Platform are confident that their privacy is protected.

4.1.2 Spartec, as a responsible party, undertakes to ensure that all information collected from and recorded from the User is collected, processed, and stored lawfully.

4.1.3 By submitting personal information on the IT Platform, the User consents to Spartec collecting, processing, and storing such information.

4.1.4 Personal Information is supplied voluntarily by the User.

4.1.5 Accordingly, the User consents to providing such information to Spartec.

4.1.6 Personal Information requested is necessary for Spartec’s business activities and the provision of Services.

4.1.7 The User warrants that Personal Information provided is correct and provided by an authorized individual.

4.2 Deletion

4.2.1 The User may request Spartec, in writing, to amend or delete Personal Information at any time.

4.2.2 Should the Personal Information no longer be needed, Spartec shall delete it and retain no record.

4.3 Information Collected & Monitoring Communications

4.3.1 The User consents to Spartec intercepting, blocking, filtering, reading, deleting, disclosing, and using Communications sent or posted to Spartec for service purposes.

4.3.2 Spartec may implement monitoring systems, and the User consents to such monitoring.

4.3.3 Communications may be recorded for disclosure as outlined in these T&C’s.

4.3.4 Spartec IT Platform may link to other platforms outside Spartec’s control; Spartec is not responsible for third-party privacy practices.

4.3.5 Spartec automatically collects server log information, including IP address, location, cookie information, and page visits.

4.3.6 This data is treated as non-personal, except as required by law.

4.3.7 Spartec may share aggregate data with partners to improve the IT Platform.

4.3.8 Information collected from Users includes –

Individual	Corporate Entity
Name & Surname	Name
Identity Number	Registration Number
Physical Address	Physical Address
Postal Address	Postal Address
Mobile, Home & Work Contacts	Mobile, Home & Work Contacts
Fax Number	Fax Number
Email Address	Email Address
VAT Number (where applicable)	VAT Number (where applicable)
Any other information required by law	Any other information required by law

4.3.10 Cookies or analytical software may track the Services of interest to Users.

4.3.11 Additional automatic information via Cookies includes – IT Platform usage, IP addresses, and visit duration.

4.4 Cookies

4.4.1 Spartec uses Cookies to enhance User experience.

4.4.2 Cookies store information locally and recognize repeat visits.

4.4.3 Cookies contain IT Platform addresses and codes sent back to the server.

4.4.4 Cookies do not typically contain personal information.

4.4.5 Users can restrict Cookies through browser settings, noting that this may affect functionality.

4.4.6 Restricting Cookies may impact IT Platform usability.

4.4.7 Users can inspect Cookie codes in their browser.

4.5 Use of Information

4.5.1 Spartec uses collected information for:

• Providing requested Services and notifications
• Responding to inquiries or complaints
• Customer care follow-up
• Updating records
• Internal record keeping
• Administering offers and Services
• Service improvement
• Enhancing IT Platform usability
• Market research (with opt-out option)

4.5.2 Users consent to contact via email, phone, fax, or mail unless they request otherwise.

4.5.4 All information is stored and processed according to industry best practices.

4.5.5 User information will not be released to third parties except as outlined, including legal requirements and consented disclosures.

4.6 Transmission of Information & Security

4.6.1 Spartec takes reasonable steps to protect integrity, security, and confidentiality.

4.6.3 Users acknowledge that internet transmission carries inherent risk.

4.6.4 Communications use SSL encryption, but security beyond the browser is not guaranteed.

4.6.9 Spartec cannot fully ensure the security of transmitted information; transmission is at the User’s risk.

5. USER’S CONDUCT ON SPARTEC IT PLATFORM

5.1 Users are responsible for their conduct and content.

5.2 Users agree to comply with laws and internet etiquette.

5.3 Users must not –

• Mislead, impersonate, or forge information
• Submit personal information without consent
• Collect third-party personal information for unauthorized purposes
• Violate privacy or hack accounts
• Post defamatory, offensive, or illegal content
• Copy or reverse engineer Spartec intellectual property without permission
• Interfere with IT Platform operations or other users
• Upload viruses or fraudulent content
• Infringe intellectual property rights
• Engage in any unlawful activity

5.4 Violations may result in account suspension, liability for costs, and disclosure of information.

 

6. INTELLECTUAL PROPERTY

6.1 All materials on the Spartec IT Platform are protected by intellectual property rights and belong to or are licensed to Spartec.

6.3 Users may print or download materials for personal or commercial use under restrictions.

6.4 Intellectual property created under the Agreement belongs to Spartec.

6.5 Content obtained through the IT Platform is at the User’s risk.