1. WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy applies to the personal data that We collect and process acknowledging and understanding that Your privacy is important to You and that You care about how Your personal data is collected and processed. We at FAHMYCO FLAVOURS LTD are dedicated to safeguarding and preserving Your personal data and privacy when visiting Our Websites, utilizing Our services, products or communicating electronically with Us. For the purposes of the data protection laws that apply to us, including the Kenyan Data Protection Act, We act as the Data Controller for the personal data that We collect and process to enable You to make use of Our Services. The purpose of this Privacy Policy is to transparently provide You with an explanation as to the legal basis for Us collecting and processing Your personal data, the categories of personal data that We may collect about you, what happens to the personal data that We may collect, where We process Your personal data, how long We are required to retain Your personal data, who We may share Your personal data with and to also explain Your rights as a data subject. We do update this Privacy Policy from time to time and will post all updates to Our Website as and when issued. Please do review this policy regularly on Our Website for any changes.

2. DEFINITIONS AND INTERPRETATIONS

In this Privacy Policy the following terms shall have the following meanings:

Cookie
means a small text file placed on Your computer or device by Our Websites when You visit certain parts of Websites.

Data Protection Act (DPA)
The Data Protection Act No. 24 of 2019, enacted by the Parliament of Kenya, pertains to the protection of personal data and the regulation of its processing

Privacy Policy
means this Privacy Policy updated from time to time and made public on Our Websites.

Personal Data
means any information which relates to an identified or identifiable natural person. An identifiable person is one who can be identified directly or indirectly in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Website
means the website, which is owned by the Company.

Services
mean all Our products: Website or other.

You? Your
You, as User or Guest, depending on your status at the Website.

We, Us, Our
refers to FAHMYCO FLAVOURS LTD (hereinafter referred to as FAHMYCO FLAVOURS LTD)

3. YOUR DATA PROTECTION RIGHTS

Under the Data Protection Act you, as a data subject, have certain rights over the personal data that We hold and process.
At FAHMYCO FLAVOURS LTD , We are committed to make it easy for You to exercise these rights in the most transparent manner possible. You can exercise any of Your rights in relation to the data that FAHMYCO FLAVOURS LTD holds about you, by contacting Our data protection officer through the email address provided at the end of this section or through Your personal user cabinet.
The following are the specific rights You have over Your personal data We hold and process, namely:
a. The right to be informed about Our collection and processing of Your personal data including without limitation the legal basis for the collection and processing, the categories of data, the methods of data use, the envisaged period for which the personal data will be retained. This Privacy Policy should tell You everything You need to know, but You can always contact Us to find out more or to ask any questions.
b. The right to access Your personal data We collect about you, commonly referred to as "Subject Access Requests", which provides you, as the data subject, the right to obtain a copy of Your personal data that We are processing for You Pursuant to DPA We are required to respond without undue delay to all Subject Access Requests in practice this means We have to respond within 1 month of receipt of the Subject Access Request. Ordinarily Subject Access Requests are free of charge. We may extend the time period for responding to a Subject Access Request by a further two months and may charge a reasonable fee if We deem the request to be manifestly unfounded or excessive, however, We are required to advise You of Our intention to do this within 1 month of Your subject access request. Should You wish to make a Subject Access Request this can be done by contacting the Company using the contact details in Section 9.
c. The right to have Your personal data rectified if any of Your personal data that We collect and process is in any way inaccurate or incomplete.
d. The right of erasure (otherwise known as “the right to be forgotten”), i.e. the right to ask Us to delete or otherwise dispose of any of Your personal data that We process. Please note that this is not an absolute right and We may not be able to comply with Your request as We may be legally obliged to continue to retain Your personal data for a specific period
e. The right to restrict (i.e. prevent) the processing of Your personal data by us.
f. The right to object to Us processing Your personal data for a particular purpose or purposes. Please note that the right to object only applies in certain circumstances and will depend on the purposes or legal basis for the processing.\
g. The right to data portability. This only applies where You have provided personal data to Us directly, the legal basis for Us processing Your personal data is i) consent or ii) for the performance of a contract and We are processing Your data using automated means. In such instances You have the right to receive Your personal data (or request that We transfer it to another Controller) in a structured, commonly used and machine-readable format.
h. Rights relating to automated decision-making and profiling. We do not use Your personal data in this way.
i. The right to lodge a complaint with any relevant Data Protection Authority, in particular in the member State of Your residence, place of work or the place of processing Your personal data.

Data Subject Request
The right to be informed
The right of access
The right to rectification
The right to erasure
The right to restrict processing
The right to data portability
The right to object
Rights in relation to automated decision making and profiling.

j. If You wish to exercise any of the aforementioned rights, please contact Us. We request that in the first instance You contact Our data protection officer at any time on [email protected]
k. We promise to promptly consider Your request and to respond to You in accordance with the requirements of the Kenyan Data Protection Act and Data Protection Act.
l. Complaints to the Kenyan Data Protection Authority should be made by using the appropriate forms provided in the Kenyan Data Protection Authority Website.

4. PERSONAL DATA WE COLLECT ABOUT YOU

4.1. PRINCIPLES OF PROCESSING
During collecting and processing the personal data, the Company adheres the principles as follows:

j. Lawfulness, fairness and transparency

Lawfulness – the controller identifies a lawful basis before to process the personal data (for example consent). Fairness – in order to process fairly, the controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources. Transparency – any information and communication relating to the processing of the personal data be easily accessible and easy to understand, and that clear and plain language be used.

k. Purpose limitation

The personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, not be considered to be incompatible with the initial purposes.

l. Data minimization

The personal data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.

m. Accuracy

The personal data must be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.

n.Storage limitation

The personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed. Personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, if only are implemented appropriate technical and organizational measures required by governing law in order to safeguard the rights and freedoms of the data subject.

o.Integrity and confidentiality

The personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.

4.2. LEGAL BASIS FOR COLLECTING AND PROCESSING PERSONAL DATA

FAHMYCO FLAVOURS LTD will process Your personal data based on legal bases such as:-

a. the performance of Our contract with You (i.e. the provision of Our Services to you);

b. our legitimate business interests (i.e. for fraud prevention, maintaining the security of Our network and services, seeking to improve the Services that We provide and Your interaction with us). Whenever We rely upon on this lawful basis, We assess Our business interests to make sure that they do not override Your rights. Furthermore, in some cases You have the right to object to this processing;

c. with Your consent for direct marketing purposes so that We may keep You fully up to date with other products and services that We supply and think may be of interest to you. Where We rely upon consent, We will need Your explicit consent, which may be removed at any time;

d. our legal obligation.

4.3. CATEGORIES OF THE PERSONAL DATA WE COLLECT

A summary of the Personal Data that We process, when We collect it, how We use it and why We use it (i.e. the legal basis for processing) is listed below:

5. PROTECTING YOUR PERSONAL DATA AND DATA RETENTION

We use, store and process Your personal data on FAHMYCO FLAVOURS LTD servers which are located on the FAHMYCO FLAVOURS LTD Servers By filling a “consent application” You agree to these conditions of collection, processing, transfer and storing Your personal data. When We process Your personal data for one of the legal bases specified in this Privacy Policy, We will take all steps reasonably necessary to ensure that Your Personal Data is treated securely and in accordance with this Policy. FAHMYCO FLAVOURS LTD protect Your Personal Data under internationally acknowledged standards, using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards FAHMYCO FLAVOURS LTD use are firewalls and data encryption, physical access controls to Our data centers, and information access authorization controls. FAHMYCO FLAVOURS LTD also authorize access to Personal Data only for those employees or contractors who require it to fulfill their job or service responsibilities. The FAHMYCO FLAVOURS LTD’s staff is trained on procedures for the management of personal information, including limitations on the release of information. Access to personal information is limited to those members of Our staff and contractors whose work requires such access. FAHMYCO FLAVOURS LTD conducts periodic reviews to ensure that proper information management policies and procedures are understood and followed. All of Our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations.

5.1. HOW WE PROTECT YOUR DATA

When You provide Your personal data through Our Website, KYC portals, Our applications, this information is transmitted across the internet securely using industry standard encryption. Your personal data will be held encrypted on secure servers. Where any third parties process Your personal data on Our behalf, We require that they have appropriate technical and organizational measures in place to protect this personal data and We will also ensure that a Data Protection Act compliant. Data Processing Agreement is in place between FAHMYCO FLAVOURS LTD and the third party so that both parties understand their responsibilities and liabilities pursuant to Data Protection Act.

5.2. HOW YOU CAN PROTECT YOUR PERSONAL DATA

When You create Your account, choose a strong password that is unique to this account. Do not share Your password with other people. Using the same password across Your different accounts will increase the risk of Your data being compromised if Your password is accidentally or unlawfully accessed by unauthorized persons. If You suspect that someone else has got access to Your password, make sure that You change it immediately. When using Our wallets, ensure You keep Your passphrases and keys in a secure device isolated from devices You use regularly. Do not share the device containing Your passphrases and keys with friends, family members or even people You trust.

5.3. DATA RETENTION

Your personal data will be retained for as long as necessary to satisfy the purposes We received it for, this includes regulatory and business purposes.
In determining the necessary personal data retention period, the following factors are considered:
a. The amount of personal data as We aim to minimize this amount to the extent possible for each specific purpose specified in Section 4.2 of this Privacy Policy.
b. The nature of the personal data depending on the exact purpose which this specific personal data serves as detailed in Section 4.2 of this Privacy Policy.
c. The sensitivity of the personal data by its nature and substance.
d. The potential risk of harm from unauthorized use or disclosure of Your personal data and We continue to run risk assessments and risk mitigation activities to minimize this potential risk including engagement of third-party specialized data management and data protection providers.
e. The purposes for which We process Your personal data and whether We can achieve those purposes through other means, and the applicable legal requirements.

6. THIRD PARTY LINKS

You may find links to third party Websites on Our Website or chats of users contained on Our Website or mobile applications. These Websites should have their own privacy policies which You should check. We do not accept any responsibility or liability for their policies whatsoever as We have no control over them.

7. WHO DO WE SHARE YOUR PERSONAL DATA WITH?

We do not share Your Personal Data to third Parties, except cases that are mentioned in this Privacy Policy.

7.1 WITH YOUR CONSENT

We will share information with companies, organizations or individuals outside of FAHMYCO FLAVOURS LTD when We have Your explicit consent.

7.2 TO COMPLY WITH THE LAW

We may share information in response to a request for information if We believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, We will attempt to provide You with prior notice before disclosing Your information in response to such a request.

7.3 IN AN EMERGENCY

We may share information if We believe that it's necessary to protect the vital interests of the data subject (i.e. to prevent imminent serious physical harm or death to a person.)

7.4 TO ENFORCE OUR POLICIES AND RIGHTS

We may share information if We believe Your actions are inconsistent with Our user agreements, rules, or other FAHMYCO FLAVOURS LTD policies, or to protect the rights, property, and safety of ourselves and others.

7.5 WITH OUR AFFILIATES

We may share information between and among FAHMYCO FLAVOURS LTD and any of Our parents, affiliates, subsidiaries, and other companies under common control and ownership.

7.6 WITH OUR PARTNERS

We may share information with vendors, consultants, and other service providers (but not with advertisers and ad partners) who need access to such information to carry out processing activities for us. The partner’s use of personal data will be subject to appropriate confidentiality and security measures. We may share Your private personal data with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use Your private personal data only on Our behalf and pursuant to Our instructions. We may share Your private personal data with our partners to make a transaction. Where any third parties process Your personal data on Our behalf, We require that they have appropriate technical and organizational measures in place to protect this personal data and We will also ensure that a Data Protection Act compliant. Data Processing Agreement is in place between FAHMYCO FLAVOURS LTD and the third party so that both parties understand their responsibilities and liabilities pursuant to Data Protection Act.

7.7 INTERNATIONAL TRANSFERS OF PERSONAL DATA

Data Subjects risk losing the protection of Data Protection Act if personal data is transferred outside of i) the Kenya or ii) countries holding adequacy status and accordingly Data Protection Act restricts such transfers, unless the rights of data subjects in respect of their personal data is protected by appropriate safeguards or one of a limited number of exceptions applies (such exceptions include Your explicit and informed consent). FAHMYCO FLAVOURS LTD will not make any international transfers of Your personal data unless it has i) Your explicit and informed consent or ii) it has put in place the appropriate safeguards or iii) the international transfer is covered by an exception.

7.8 ADVERTISING, ANALYTICS AND BUSINESS PARTNERS (LIMITED TO NON-PERSONALLY IDENTIFIABLE INFORMATION)

We may share aggregated or pseudonymous information (including demographic information) with partners, such as publishers, advertisers, measurement analytics, apps, or other companies. For example, We may tell an advertiser how its ads performed or report how many people installed an app after seeing a promotion. We do not share information that personally identifies You (personally identifiable information is information like name or email address) with these partners, such as publishers, advertisers, measurement analytics, apps, or other companies.

7.9 OTHER INFORMATION

Other information, that does not personally identify You as an individual is collected by FAHMYCO FLAVOURS LTD (such as, by way of example, patterns of use) and is exclusively owned by FAHMYCO FLAVOURS LTD. We can use this information in such manner that FAHMYCO FLAVOURS LTD, in its sole discretion, deems appropriate. We may share specific aggregated, non-personal information with third parties, such as the number of users who have registered with us, the volume and pattern of traffic to and within the site, etc. That information will not identify you, the individual, in any way. We shall not use Your email or other contact information for sending of commercial proposal, other marketing needs, without Your prior consent. In the light of the above, when You send Us messages, We can keep them for administering of Your inquiries, for improving of Our services. We shall not transfer information from such messages to third parties.

CONTACTING US

We welcome any queries, comments or requests You may have regarding this Privacy Policy. If You wish to make a subject access request, please do not hesitate to contact Us at [email protected]

CHANGES TO THIS PRIVACY POLICY

Any changes that We make to Our Privacy Policy in the future will be posted on Our Website. Where appropriate, We will notify You of the changes when You next visit Our Website.

1. INTRODUCTION

FAHMYCO FLAVOURS LTD (hereinafter the “Company”) is a Kenyan Firm that owns and operates the brand “TopUpSolutions” (www.topupsolutions.net).FAHMYCO FLAVOURS LTD is registered in Kenya with company number PVT-3QU7QQGL. The Company’s registered office is located at Mombasa Road, House of Mbondoni, Isiolo District, Nairobi, Kenya. P.O Box 19359, 00100 - G.P.O Nairobi. Please refer to the website of the Company for more information.

2. WHAT ARE COOKIES

Cookies are small data files. When you visit a website, the website sends the cookie to your computer. Your computer stores it in a file located inside your web browser. Cookies do not transfer viruses or malware to your computer. Because the data in a cookie does not change when it travels back and forth, it has no way to affect how your computer runs, but they act more like logs (i.e. they record user activity and remember stateful information) and they get updated every time you visit a website. We may obtain information about you by accessing cookies, sent by our website. Different types of cookies keep track of different activities. For example, session cookies are used only when a person is actively navigating a website. Once you leave the website, the session cookie disappears. For a more detailed list of cookies we use, please read the relevant section below.

3. WHY ARE COOKIES USEFUL?

We use functional cookies to analyse how visitors use our website, as well as track and improve our website’s performance and function. This allows us to provide a high-quality customer experience by quickly identifying and fixing any issues that may arise. For example, we might use cookies to keep track of which website pages are most popular and which method of linking between website pages is most effective. The latter also helps us to track if you were referred to us by another website and improve our future advertising campaigns. Another use of cookies is to store your log in sessions, meaning that when you log in to the Members Area to deposit funds, a "session cookie" is set so that the website remembers that you have already logged in. If the website did not set this cookie, you will be asked for your login and password on each new page as you progress through the funding process. In addition, functional cookies, for example, are used to allow us to remember your preferences and identify you as a user, ensure your information is secure and operate more reliably and efficiently. For example, cookies save you the trouble of typing in your username every time you access our trading platform, and recall your preferences, such as which language you wish to see when you log in.
Here is an overview of some of the functions our cookies provide us with:
• Verifying your identity and detecting the country you are currently visiting from;
• Checking browser type and device;
• Tracking which site the user was referred from;
• Allowing third parties to customize content accordingly.

4. TYPES OF COOKIES WE USE

• Functional cookies: These cookies are essential for the running of our website. Without these cookies our websites would not function properly. These are saved temporarily as login information and expire once the browser is closed.
• Analytical cookies: The information provided by analytical cookies allows us to analyse patterns of visitor behavior and we use that information to enhance the overall experience or identify areas of the website which may require maintenance. The information is anonymous (i.e. it cannot be used to identify you and does not contain personal information such as your name and email address) and it is only used for statistical purposes. Behavioral cookies are similar to analytical and remember that you have visited a website and use that information to provide you with content which is tailored to your interests.
• Promotional cookies: These cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.
• Preferences cookies: Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

5. MANAGING COOKIES

You can delete cookies any time you want by using the settings in your web browser. You can also choose to disable cookies from your web browser, but this would mean that our website and other websites may not function properly if you do this, and as a result you may not be able to sign in.
Do Not Track (DNT) browser setting. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. This website does not currently respond to DNT requests.

6. ADDITIONAL INFORMATION

If you have any specific questions or concerns about cookies, please contact [email protected] We are committed to keeping your personal information safe. For more information on how we handle your data, please read our Privacy Policy.

FAHMYCO FLAVOURS LTD (hereinafter the “Company”) is a Kenyan Firm that owns and operates the brand “TopUpSolutions” (www.topupsolutions.net). FAHMYCO FLAVOURS LTD is registered in Kenya with company number PVT-3QU7QQGL. The Company’s registered office is located at Mombasa Road, House of Mbondoni, Isiolo District, Nairobi, Kenya. P.O Box 19359, 00100 - G.P.O Nairobi. Please refer to the website of the Company for more information.

1. Introduction

Here are some definitions that you can find in the Terms and Conditions (Terms of Use): Applicable law means the legislation of Kenya, Terms and Conditions and regulations promulgated by a local, municipal, state or other governmental body or any of its representatives or departments, as well as any regulatory or administrative institution regulating the relevant relations of the parties rights, obligations and obligations under this agreement, as appropriate. User means an individual who uses or otherwise obtains access to the Software and/or uses other Services in accordance with these Terms of Use. Legal agreements mean documents that relate to your use of the services offered by FAHMYCO FLAVOURS LTD. Service or Services means primarily a Service or Services for the provision of products, replenishment of wallets and gaming accounts of Users, but may also include other services posted on the site in accordance with these Terms of Use. Website means the Website at FAHMYCO FLAVOURS LTD — The Easiest Way To Add Funds To Your Steam Wallet and all related subdomains of the website. TopUpSolutions means the services of company for the purchase of products and (or) replenishment of wallets and gaming accounts of Users. These Terms (hereinafter referred to as the "Terms of Use") are a legal document establishing your rights and obligations as a User of Company registered under the number PVT-BEUX5PZ5 in accordance with the legislation of Kenya, with the Legal address: Muthangari Road, Lavington Mall, Westlands District, 00300, Nairobi, Kenya. P.O Box 8493, Ronald Ngala St. Please read the content of the Terms of Use carefully.

2. TERMS OF USE; YOUR ACCOUNT, ACCEPTANCE OF AGREEMENTS

2.1 TopUpSolutions is an online service (hereinafter referred to as "TopUpSolutions") offered by FAHMYCO FLAVOURS LTD for the purchase of products. By accepting the Terms, you become a FAHMYCO FLAVOURS LTD User (hereinafter referred to as the "User"). This agreement comes into force after you accept the Terms. You do not have the right to become a User if you are under the age of 18. TopUpSolutions is not intended for persons under the age of 18, and FAHMYCO FLAVOURS LTD will not intentionally collect personal data from individuals under this age. Additional age restrictions may apply in your country.
2.2 Party to the agreement in all situations, interaction with the TopUpSolutions is carried out within the framework of contractual relations with FAHMYCO FLAVOURS LTD. Unless otherwise stated in this document or at the time of the transaction, all transactions with respect to any Services (as defined below) in the TopUpSolutions are made in FAHMYCO FLAVOURS LTD.
2.3 products. Content and Services As a User, you can access certain services, software products and content available to Users, or buy certain products (see below) in the TopUpSolutions. The term "Content and Services" in this Agreement means any other software products, content and updates that you download or access using the TopUpSolutions, including, but not limited to, video games, game content.
2.4 Acceptance of agreements. Your order through the Gaming Arena is an offer by FAHMYCO FLAVOURS LTD to conclude an agreement on the delivery of the ordered products in exchange for the specified price or replenishment of wallets and gaming accounts of Users. When you place an order at the TopUpSolutions, we send you a message confirming receipt of your order and containing the details of your order (hereinafter referred to as "Order Confirmation"). Order confirmation is a confirmation that we have received your order. In the case of products, we accept your offer and conclude a deal on the product you ordered only after the payment has been made and we will send you products and an email confirming the shipment (hereinafter referred to as "Confirmation of Dispatch"). You agree to receive invoices electronically.
2.5 Payment processing. The processing of payments related to the purchase of products offered on the TopUpSolutions is carried out directly by FAHMYCO FLAVOURS LTD.

3. CHANGES IN THE TERMS OF USE

FAHMYCO FLAVOURS LTD reserves the right to change, supplement or delete the Terms of Use at any time, at its sole discretion, by posting an updated version on its Website and/or other FAHMYCO FLAVOURS LTD Products. By continuing to use the Services, you will be deemed to have accepted such changes. If at any time you do not agree with any part of the current version of the Terms of Use or with any other policy of FAHMYCO FLAVOURS LTD related to your use of the Services, then you must stop using the Services. In accordance with Applicable Law, FAHMYCO FLAVOURS LTD may make changes to the Services at any time or terminate your access to the Services at any time without notice and without refunds of any kind. You understand and hereby agree that FAHMYCO FLAVOURS LTD may terminate or restrict your use of the Services for any reason and without notice or compensation.

4. PRIVACY NOTICE

4.1 Your privacy is important to FAHMYCO FLAVOURS LTD. Our Privacy Policy explains how FAHMYCO FLAVOURS LTD processes your personal data and protects your privacy, as well as lists other common methods of information processing. Please remember that you must provide us with truthful, accurate, up-to-date and complete information. By downloading or installing the Software or using the FAHMYCO FLAVOURS LTD Website or Products, or by providing information to FAHMYCO FLAVOURS LTD in any other way, you agree to all actions taken by us with respect to your information in accordance with the Privacy Policy. You should also read our Cookie Policy on how you can manage your online privacy when using the Services.
4.2 By accessing the Website and/or starting to use the FAHMYCO FLAVOURS LTD Software or Services, you acknowledge and agree that FAHMYCO FLAVOURS LTD may keep records of your actions or content in accordance with applicable data privacy laws. FAHMYCO FLAVOURS LTD may also disclose these actions or content in connection with providing the services to you if required by law or if we believe in good faith that this action is reasonable and necessary to (a) comply with the law or an injunction; (b) ensure compliance with these Terms of Use; (c) address allegations that your actions related to the Services infringe upon the rights of third parties.; or (d) protect the rights, property or safety of FAHMYCO FLAVOURS LTD, its users or the public.

5. SERVICES

To use our Services, you must read and agree to our Terms of Use, which describe your rights and obligations. This is important both for us and for you, because a clear understanding of the terms of use of our Services allows you to avoid misunderstandings.
5.1 Website. You can perform a number of operations using the Site, such as (a) ask questions to our specialists; (b) subscribing to news or performing other actions. Any of these actions implies the transfer of your personal data to FAHMYCO FLAVOURS LTD, so before you start entering your data, carefully read our Privacy Policy.
5.2 Software means software, applications, content, games and other digital materials that FAHMYCO FLAVOURS LTD is authorized by the relevant Software developer or publisher to offer to Users for different purposes.

6. ORDER

6.1 By placing an Order with FAHMYCO FLAVOURS LTD, you confirm that your transaction will be carried out with us. You also acknowledge that after we have successfully verified the authenticity and sufficiency of the information provided by you, we will then purchase products from the developer for the sole purpose of immediately reselling them to you for the amounts specified and agreed upon when sending your Order, as well as replenish your wallets and/or gaming accounts.
6.2 We will start processing your order after your purchase is approved. Orders are usually processed instantly, but can take up to 2-5 days depending on the payment method you choose.
6.3 As soon as your Order is processed, we will send you a confirmation email (if possible) using the email address provided to us by you or the developer.
6.4 This confirmation email will serve as your electronic purchase receipt and will contain information about your Order. In case you buy a product, you will first receive a receipt, and then we will send you an email confirming the order.
6.5 If FAHMYCO FLAVOURS LTD is unable to provide you with a product (for example, because it is no longer available, or because of an error in the price), FAHMYCO FLAVOURS LTD will notify you by email, and we will not process your Order. If you have already paid for the product and it is not available, we will refund you the full amount as soon as possible and will not bear any additional responsibility in front of you.

7. Pricing

The price of your product(s) will be indicated considering all applicable taxes and the cost of electronic transmission to the addresses provided by you at the time of purchase and based on the data provided by you.

8. ANTI-FRAUD POLICY

We are attentive to any facts indicating the presence of fraud. We reserve the right to refuse access to our servers if we establish a fact indicating illegal use of the Software, or any other actions aimed at obtaining a product for which the user has no right to claim. Please note that blocked users do not have the rights to demand a refund of the purchased product or any other refund.

9. TERMS OF REFUND

9.1. According to the general Terms of Use, a refund of funds paid for products is not allowed.
9.2. In the event that you forgot to deactivate the subscription for products, a refund is not allowed.
9.3. Refunds for purchased products are only granted in cases of technical issues and when the user provides evidence of the inability to utilize the products.

10. LIMITATION OF LIABILITY

10.1 FAHMYCO FLAVOURS LTD in no way excludes or limits our liability to you. To the extent permitted by law, our total liability to you in respect of any foreseeable damages arising under or in connection with these Terms of Use, whether as a result of contract, tort (including negligence), breach of statutory duties or otherwise, under no circumstances shall exceed a) the total cost of the product, or b) $150 or the equivalent amount in any other available currency, whichever is less.
10.2 FAHMYCO FLAVOURS LTD supplies Goods and/or services only for home and private use. You agree not to use the Goods and/or services for any commercial, business or resale purposes, and FAHMYCO FLAVOURS LTD is not liable to you for any lost profits, business losses, business interruption or loss of business opportunities.

11. THIRD-PARTY SERVICES

These Terms of Use apply to our Services and apply to all our Users. Our Site may contain links to third-party websites and services that are not owned or controlled by FAHMYCO FLAVOURS LTD, and we cannot control and will not be responsible for the content, privacy policies or practices of any third-party websites or services. By using the Website, you release FAHMYCO FLAVOURS LTD from any liability arising from your use of any third-party website or third-party services or interactions with any third party.

12. REPRESENTATIONS AND WARRANTIES

12.1 FAHMYCO FLAVOURS LTD declares and guarantees to you that we will take all necessary actions to resolve your problem in good faith. All disputes related to the refunds will be resolved as soon as possible.
12.2 Please note that FAHMYCO FLAVOURS LTD is not a Software developer and cannot influence the quality of the Software or guarantee that it will meet any of your expectations. The Software is provided ”as is“ and on an ”as available" basis without any warranties or conditions.
12.3 Any announcements, statements and promises made by the Software Developer in relation to the Software, including but not limited to the content, release date, availability of the Software, are the sole responsibility of the developer for the implementation. You should be aware of the possible risks that the Software Developer may not provide the Software of appropriate quality on time, or otherwise fail to meet your expectations, even if these expectations are based on announcements, statements or promises made by the software developer himself. In all such cases, claims and refund requests should be sent directly to the software developer.

13. DAMAGES

By accessing, registering, using or downloading our Services, you agree to indemnify, protect and hold harmless FAHMYCO FLAVOURS LTD, its officers, employees, agents, directors, subsidiaries, affiliates, successors, suppliers or licensors from any liability, loss, claim or expense related to: (a) any claim, caused by your violation of the Terms of Use, including, but not limited to, claims arising from a violation of your statements or guarantees made in accordance with these Terms of Use; (b) your use and/or access to the Webite (or any use or access by a third party); (c) violation by you of any rights of third parties, including, but not limited to, any copyrights, property, moral rights or privacy rights; or (d) unavailability of the Website, Products and/or Software of FAHMYCO FLAVOURS LTD.

14. DISPUTES

14.1 These Terms of Use are governed by the laws applicable in Kenya and should be interpreted accordingly, without prejudice to any other mandatory provision of the law more favorable to the User applicable in the country of the User's habitual residence.
14.2. In case of any disagreements, claims, actions or disputes arising in connection with the purchase of products or violation, application, interpretation or validity of these Terms of Use, the party claiming the dispute must first try in good faith to resolve such dispute by contacting the other party via official e-mail and submitting a written notice describing the facts and circumstances of the dispute (including any relevant documentation) and allowing the receiving party 30 days response period from the date of initial contact. The notice must be submitted to the following address: [email protected]
14.3 Unless you specify otherwise in your notice, FAHMYCO FLAVOURS LTD will respond to it using your last known e-mail address and/or the e-mail address the notice was received from.
14.4 If FAHMYCO FLAVOURS LTD is unable to resolve the dispute, you and FAHMYCO FLAVOURS LTD agree that the parties must resolve their dispute through judicial proceedings in the competent court of Kenya.

15. TERM AND TERMINATION OF THE CONTRACT

These Terms of Use are valid until their termination. You may terminate these Terms of Use at any time after notifying FAHMYCO FLAVOURS LTD. FAHMYCO FLAVOURS LTD has the right to terminate these Terms of Use set forth in this document for violation of these Terms of Use by you or on its own initiative. (i) Upon termination of these Terms of Use for any reason, Section 4 (Privacy notice), Section 12 (Representations and Warranties), Section 13 (Damages) remain in force. ii) Termination of these Terms of Use is without prejudice to any rights or obligations accumulated at the date of termination. As soon as the termination takes effect, all rights shall terminate in accordance with these Terms of Use. After the termination of these Terms of Use, you must stop any use of the Website, Products and/or Software of FAHMYCO FLAVOURS LTD.