Terms of Use

 

1. About These Terms

These Terms of Use ("Terms") govern access to and use of the K-COM company website, tracking portal, K-COM Tracking mobile application, mobile-browser service, and related support, reporting, and administration services (together, the "Services") provided by K-COM COMPANY LIMITED ("K-COM", "we", "our", or "us").

The party that purchases, subscribes to, or is otherwise authorized to receive the Services is the "Customer". A person permitted by the Customer to access the Services is an "Authorized User". In these Terms, "you" means the Customer and, where the context requires, each Authorized User.

These Terms are intended for business use only. They do not create a consumer subscription. If you access or use the Services for a Customer, you confirm that you have authority to bind that Customer to these Terms.

2. Acceptance and Electronic Contracting

You accept these Terms by signing or accepting a Customer Agreement that incorporates them, creating or using an account, selecting an electronic acceptance option, or otherwise accessing or using the Services after being given access to these Terms. Electronic acceptance and records may be used to form and evidence the agreement to the extent permitted by applicable law.

If you do not agree to these Terms, or do not have authority to accept them for the Customer, you must not access or use the Services.

3. Customer Agreements and Order of Priority

A quotation, order form, service agreement, subscription agreement, statement of work, service-level agreement, data-processing agreement, or other written agreement accepted by K-COM and the Customer is a "Customer Agreement". Commercial terms, including fees, billing, subscription period, renewal, cancellation, notice periods, refunds, equipment, implementation, and any agreed service levels, are determined separately in the applicable Customer Agreement.

If there is a direct conflict, the Customer Agreement prevails over these Terms for the subject it specifically addresses. A data-processing agreement prevails for the processing of personal data. These Terms continue to apply to matters that are not addressed in those documents.

4. Eligibility and Authorized Users

The Services may be used only by Customers and Authorized Users who:

•      are acting for legitimate business purposes and are at least 18 years old;

•      have been authorized by the Customer to use the relevant account, vehicles, devices, groups, reports, and functions;

•      use the Services within the permissions assigned to them; and

•      comply with these Terms, the Customer Agreement, applicable law, and the Customer's internal policies.

The Customer is responsible for selecting its Authorized Users, assigning appropriate roles, removing access when it is no longer required, and supervising all activity carried out through its accounts.

5. Accounts and Credentials

Each Authorized User must provide accurate account information and keep it current. Login credentials are personal to the assigned user and must not be shared, transferred, sold, or made available to another person. The same Authorized User may access the Services from more than one device or browser, but concurrent access does not permit credential sharing.

The Customer and each Authorized User must:

•      keep passwords and authentication information confidential;

•      use a unique and appropriately strong password and protect each device used to access the Services;

•      log out of unattended or shared devices and comply with configured session controls;

•      notify K-COM promptly of suspected unauthorized access, credential compromise, or account misuse; and

•      cooperate with reasonable security checks and account-recovery procedures.

The Customer is responsible for activity performed through its accounts unless and to the extent the activity results directly from K-COM's breach of its obligations.

6. The Services

The Services may include live vehicle location, route and trip history, fleet administration, device and group management, fuel-efficiency information, event and incident support, reports, alerts, customer support, and related functions made available for the Customer's subscription.

Features, interfaces, reports, maps, device compatibility, and supporting processes may change over time. K-COM may improve, replace, add, or discontinue a feature where reasonably necessary for security, legal compliance, service operation, or product development. K-COM will use reasonable efforts to avoid materially reducing the core functionality purchased by the Customer during an active subscription, unless the change is required urgently by law, security, or a third-party dependency.

7. Customer Responsibilities and Lawful Tracking

The Customer is solely responsible for deciding which vehicles, devices, persons, and activities may lawfully be monitored through the Services. Before using the Services, the Customer must obtain and maintain every consent, permission, notice, approval, employment authorization, vehicle-owner authorization, regulatory approval, and other lawful basis required for the intended tracking and processing.

In particular, the Customer must:

•      give clear and legally sufficient notices to drivers, employees, contractors, vehicle owners, and other affected persons;

•      use location and operational data only for legitimate, disclosed, and proportionate business purposes;

•      ensure that devices are installed, maintained, and used safely and lawfully;

•      configure access so that each user sees only the data and functions required for that user's role;

•      keep account, vehicle, device, and user information accurate; and

•      respond appropriately to data-subject requests, complaints, disputes, and employment or transport-law obligations for which the Customer is responsible.

K-COM does not authorize covert, deceptive, discriminatory, harassing, or otherwise unlawful surveillance. The availability of a technical function does not mean that its use is lawful in every situation.

8. Acceptable Use

You must not use, or permit another person to use, the Services to:

•      track a vehicle, device, or person without the authority and notices required by law;

•      commit, facilitate, conceal, or investigate unlawful activity except under lawful authority;

•      harass, intimidate, discriminate against, or cause unjustified harm to another person;

•      upload malicious code, attempt unauthorized access, bypass security controls, or interfere with service availability;

•      probe, scan, or test vulnerabilities without K-COM's prior written authorization;

•      reverse engineer, decompile, copy, scrape, frame, or systematically extract the Services except where the restriction is prohibited by law;

•      use automated means that place an unreasonable load on the Services or evade usage limits;

•      resell, sublicense, lease, or make the Services available to a third party unless the Customer Agreement expressly permits it;

•      remove or alter proprietary, legal, or security notices; or

•      submit content that infringes intellectual-property, privacy, confidentiality, or other rights.

9. Customer Data

"Customer Data" means data and content submitted to the Services by or for the Customer, or generated from the Customer's authorized vehicles, devices, users, and use of the Services. As between K-COM and the Customer, the Customer retains its rights in Customer Data.

During the active subscription, the Customer grants K-COM a non-exclusive, worldwide, limited right to host, copy, transmit, display, organize, secure, back up, analyze, and otherwise process Customer Data only as reasonably necessary to provide, support, secure, maintain, bill for, and comply with legal obligations relating to the Services. The Customer confirms that it has the rights and authority needed to grant this permission.

K-COM may generate aggregated or de-identified operational information that does not identify the Customer or an individual. K-COM may use that information to operate, secure, understand, and improve its services, subject to applicable law and any Customer Agreement.

10. Privacy and Data Protection

K-COM will process personal data in accordance with applicable data-protection law, the K-COM Privacy Notice, and any applicable data-processing agreement. Depending on the activity, K-COM may act as a data controller for its own account, security, billing, website, and compliance purposes, or as a data processor acting on the Customer's documented instructions.

The Customer remains responsible for its lawful basis, transparency notices, instructions, retention decisions, user permissions, and responses to individuals where the Customer determines the purposes and means of processing. K-COM may refer a data-subject request to the relevant Customer and assist as required by law or the Customer Agreement.

The current Privacy Notice is made available through the K-COM company website or the K-COM tracking portal.

11. Security

K-COM uses technical and organizational measures intended to protect the confidentiality, integrity, and availability of the Services and personal data. No internet-based or electronic system can be guaranteed completely secure. You must use the Services in a way that supports, rather than defeats, the applicable safeguards.

K-COM may take reasonable steps to investigate suspected misuse or security incidents, require credential changes, restrict particular functions, preserve relevant records, and cooperate with Customers and competent authorities where legally appropriate.

12. Availability, Maintenance, and Support

K-COM aims to provide reasonable availability during an active subscription. Unless a Customer Agreement contains a specific service-level commitment, the Services are not subject to a fixed uptime percentage, service-credit scheme, or guaranteed response or restoration time.

The Services may be unavailable or degraded because of planned maintenance, urgent security work, faults, internet or mobile-network conditions, power loss, mapping services, satellite coverage, device or SIM performance, third-party infrastructure, force-majeure events, or circumstances outside K-COM's reasonable control. K-COM may perform emergency maintenance without advance notice where reasonably necessary.

13. Location, Device, and Report Accuracy

Location, route, trip, fuel, alert, and other operational information depends on the quality, installation, configuration, connectivity, timing, and availability of devices, sensors, networks, satellites, maps, and Customer Data. Information may be delayed, incomplete, unavailable, or inaccurate.

The Services are fleet-management tools and are not an emergency-response, public-safety, law-enforcement, navigation-safety, or life-critical service. You must apply appropriate human judgment and must not rely on the Services as the sole basis for decisions affecting life, safety, legal rights, disciplinary action, or emergency dispatch.

14. Fees, Taxes, and Payment

Fees, invoicing, payment dates, taxes, currency, usage limits, renewal, equipment charges, and any late-payment consequences are stated in the Customer Agreement. Unless the Customer Agreement or mandatory law says otherwise, amounts paid are non-refundable.

The Customer must pay applicable taxes, duties, levies, and government charges, excluding taxes based on K-COM's net income. K-COM may suspend access for overdue undisputed amounts in accordance with the Customer Agreement and after any notice required by that agreement or applicable law.

15. Intellectual Property

K-COM and its licensors retain all rights, title, and interest in and to the Services and related intellectual property, including K-COM names, logos, branding, portal and application presentation, configurations, documentation, reports and report formats, training materials, processes, and improvements. Except for the limited right to use the Services during an active subscription, no right is transferred to the Customer or an Authorized User.

Unless a Customer Agreement expressly states otherwise, K-COM owns generic tools, configurations, templates, integrations, adaptations, and developments created by K-COM in connection with the Services, while the Customer retains ownership of Customer Data and any pre-existing material supplied by the Customer.

If you provide suggestions or feedback, K-COM may use them without restriction or payment, provided that K-COM does not publicly identify the Customer as the source without permission.

16. Confidentiality

Each party may receive non-public business, technical, security, pricing, or operational information of the other party. The receiving party must protect that information using reasonable care, use it only for the relationship, and disclose it only to personnel, advisers, and service providers who need it and are bound by appropriate confidentiality obligations.

These obligations do not apply to information that is lawfully public, already known without confidentiality duty, independently developed, or lawfully received from another source. A party may disclose information where required by law, but should give prior notice where legally permitted. Any more specific confidentiality terms in the Customer Agreement prevail.

17. Suspension

K-COM may suspend all or part of the Services where reasonably necessary because of:

•      overdue payment in accordance with the Customer Agreement;

•      actual or suspected unlawful, abusive, fraudulent, or unauthorized use;

•      a material security, privacy, safety, or service-integrity risk;

•      a breach of these Terms or the Customer Agreement;

•      a binding request or requirement from a court, regulator, or other competent authority; or

•      urgent maintenance or a threat to K-COM, its infrastructure, another customer, or a third party.

Where reasonably possible, K-COM will give notice and an opportunity to remedy the issue. K-COM may act immediately where delay would increase legal, security, privacy, safety, or operational risk. Suspension does not remove payment obligations that accrued before or during the suspension, except as stated in the Customer Agreement.

18. Term, Cancellation, and Termination

The subscription period, renewal, cancellation rights, termination rights, notice periods, fees, refunds, and any early-termination consequences are governed by the Customer Agreement. K-COM may terminate access for a material breach that is not remedied within an applicable cure period, or immediately for serious illegality, abuse, fraud, security risk, insolvency, or any other ground permitted by the Customer Agreement or law.

When the Customer's subscription ends, the Customer and its Authorized Users must stop using the Services and K-COM may disable their accounts. Clauses that by their nature should continue - including payment obligations, confidentiality, intellectual property, disclaimers, liability limits, indemnity, dispute terms, and post-termination data obligations - survive termination.

19. Data After Termination

The Customer should export any Customer Data it needs before the subscription ends. After termination or expiry, K-COM's ordinary permission to use Customer Data to provide the active Services ends. K-COM may retain and process non-backup Customer Data for up to 90 days solely to support an agreed export, orderly account closure and deletion, legal compliance, claims, dispute resolution, fraud prevention, or security.

Encrypted backup copies may remain in K-COM's archive after that period. Under K-COM's current practice, backup archives are retained indefinitely, access is restricted to K-COM system administrators, and retained copies are not used for ordinary commercial purposes. They may be accessed only where reasonably necessary for disaster recovery, security, legal obligations, or claims. The K-COM Privacy Notice provides further information about retention and data-protection rights.

20. Warranties and Disclaimers

Each party warrants that it has authority to enter into the applicable agreement. K-COM will provide the Services with reasonable skill and care, subject to the Customer Agreement and the limitations described in these Terms.

To the maximum extent permitted by law, and except for an express commitment in a Customer Agreement, the Services are provided on an "as available" basis. K-COM does not warrant that the Services will be uninterrupted, error-free, completely secure, compatible with every device or network, or that every location, route, trip, fuel, event, map, alert, or report will be complete, current, or accurate.

K-COM is not responsible for loss caused by unauthorized or unlawful tracking, Customer instructions, inaccurate or missing Customer Data, improper device installation or maintenance, credential sharing, unsupported equipment, mobile or internet failure, or decisions made without appropriate human verification, except to the extent the loss is directly caused by K-COM's breach of its obligations.

21. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable under or in connection with the Services for indirect, incidental, special, exemplary, punitive, or consequential loss, or for loss of profit, revenue, business, anticipated savings, goodwill, reputation, opportunity, or data, whether the claim is based on contract, negligence, statute, or another legal theory and whether or not the possibility of the loss was known.

To the maximum extent permitted by law, K-COM's total aggregate liability arising from or relating to the Services, these Terms, and the relevant Customer Agreement will not exceed the fees paid by the affected Customer to K-COM for the affected Services during the 12 months immediately before the event giving rise to the first claim.

The exclusions and cap apply collectively to K-COM and its directors, officers, employees, contractors, and agents. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability arising from fraud or wilful misconduct to the extent applicable law does not permit limitation.

22. Customer Indemnity

To the maximum extent permitted by law, the Customer will defend, indemnify, and hold harmless K-COM and its directors, officers, employees, contractors, and agents from third-party claims, losses, damages, penalties, and reasonable costs arising from the Customer's or an Authorized User's unlawful tracking, infringement of third-party rights, Customer Data, breach of these Terms, misuse of the Services, or failure to obtain required notices, consents, permissions, and lawful authority.

K-COM will give the Customer reasonable notice of an indemnified claim, allow the Customer reasonable control of the defence and settlement, and provide reasonable cooperation at the Customer's cost. The Customer may not settle a claim in a way that admits fault by, imposes an obligation on, or restricts K-COM without K-COM's prior written consent.

23. Changes to These Terms

K-COM may update these Terms to reflect changes in law, regulation, security, technology, the Services, or business practices. For a material change that is not urgent, K-COM will give at least 30 days' notice through the website, portal, account communication, or the Customer's designated contact. Continued use after the effective date constitutes acceptance of the updated Terms, subject to any rights in the Customer Agreement or mandatory law.

A change required urgently for legal compliance, security, fraud prevention, safety, or service integrity may take effect immediately or on shorter notice. K-COM will communicate such a change as soon as reasonably practicable.

24. Governing Law and Courts

These Terms and any non-contractual obligation arising from or connected with them are governed by the laws of the United Republic of Tanzania, without regard to conflict-of-law principles. The parties submit to the exclusive jurisdiction of the competent courts of Tanzania, unless the Customer Agreement expressly provides another lawful forum or process.

Before starting court proceedings, the parties should use reasonable efforts to resolve the dispute through good-faith discussions between authorized representatives, except where urgent interim or protective relief is required.

25. General Provisions

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to reduce the effect and resumes performance when practicable. Payment obligations already due are not excused.

Assignment. The Customer may not assign or transfer its rights or obligations without K-COM's prior written consent, which will not be unreasonably withheld. K-COM may assign the agreement as part of a merger, reorganization, financing, or transfer of the relevant business, subject to applicable law and continued protection of Customer Data.

Subcontractors. K-COM may use affiliates, cloud providers, network providers, consultants, and other subcontractors to provide the Services. K-COM remains responsible for its contractual obligations, subject to these Terms and the Customer Agreement.

No partnership. The parties are independent contractors. These Terms do not create employment, partnership, joint venture, agency, franchise, or fiduciary relationship.

No third-party beneficiaries. Except for persons expressly protected by the liability and indemnity clauses, no third party has a right to enforce these Terms.

Waiver. A failure or delay in enforcing a right is not a waiver. A waiver must be in writing and applies only to the specific circumstance stated.

Severability. If a provision is held unlawful or unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in effect.

Entire agreement. These Terms, the Customer Agreement, the Privacy Notice, and any incorporated documents form the agreement relating to the Services and replace prior discussions on the same subject, except for fraud or a representation that cannot lawfully be excluded.

26. Notices and Contact

K-COM may send operational or legal notices by email to the Customer's designated contact, through the tracking portal, or by another method stated in the Customer Agreement. The Customer must keep its contact information current. A notice is treated as received according to the Customer Agreement or, if that agreement is silent, when it is delivered without an error or rejection message.

Questions or legal notices concerning these Terms may be sent to:

Company: K-COM COMPANY LIMITED
Address: Industrial Road, Mikocheni, Dar es Salaam, Tanzania
Email: [email protected]
Website: K-COM company website