1.1. The RM (hereinafter referred to as ‘Application’) connects social media influencers to a wider range of sharing there social media links and acts as a marketing point for both parties to conduct transactions. Therefore, the Application is not only a platform that allows social media influencers and marketers to meet but also to allow both parties to conduct marketing safely;
1.2. The general terms and conditions shall apply to social media influencers and marketers on the platform and shall govern the use of the Application and related services;
1.3. If You use our platform during a business or other organizational project, then by doing so you confirmed that you have obtained the necessary authority to agree to these general terms and conditions and hence bind both yourself and the person, company or other legal entity that operates that business or organization and conditions.
2.1. The Application will require the submission of Personal Information when registering and posting content on the platform. The personal information required may be;
2.2. Personal Information may also be collected, or your IP Address logged when you login into our Application. Your IP information allows us to understand how you use our Application and enables us to make changes to our Application in order to improve your experience. Information regarding your computer/phone, your connection to our Application such as your browser type, operating system and platform and your user history including but not limited to your session information, page errors and the length of your visits to specific sites within our Application may also be collected.
3.1. We collect your personal data in order to provide and continually improve our services.
3.2. We may collect, use, store and transfer the following different kinds of personal data about you:
3.2.1. Information you provide to us: We receive and store the information you provide to us including your identity data, contact data, marketing data and financial data.
3.2.2. Information on your use of our website and/or mobile applications: We automatically collect and store certain types of information regarding your use of the Resurface Media marketplace including information about your searches, views, downloads, uploads, purchases and sales.
3.2.3. When you download or use apps created by us or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content.
The registration will be completed by clicking ‘JOIN’, ‘CONTINUE’, ‘SIGN UP’ OR ‘SIGN IN’. By clicking on the options above the registration form will be completed and submitted.
5.1. The contractual relationship is established by clicking ‘JOIN’, ‘JOIN NOW’, ‘CONTINUE’, ‘SIGN UP’, ‘SIGN IN’ or similar, registering, accessing, or using our services (described below), you are agreeing to enter a legally binding contract with Resurface Media (even if you are using our Services on behalf of a company).
6.1. We allow users to set up personal accounts on our application or to participate in our online services.
6.2. You can edit the information you provide at any time and may delete your account at your convenience.
6.3. Unless we are required to respond to court orders or comply with Kenyan Law or any other law applicable, we will use our best efforts to ensure that unauthorized third parties do not access your user account information.
6.4. You are responsible for ensuring that all Personal Information you provide on the website is maintained and kept current.
6.5. In addition, the User may “opt-in” to receive newsletters, promotional offers and other useful information from us.
7.1. We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.
7.2. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
7.3. To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, the need to comply with our internal policy and the applicable legal, regulatory, tax, accounting, or other requirements.
7.4. Anonymized information that can no longer be associated with you may be held indefinitely.
8.1. It is our policy not to disclose, sell or rent your Personal Information to any individual, business, government entity or outside parties except:
8.2. We collect and use IP addresses to analyse trends, administer the site, track user movement, and gather broad demographic information for reporting and sponsorship purposes. From time to time, we may use this information to better design our website and to share with select advertising partners, sponsors, and/or affiliates however IP addresses are not linked to Personal Information.
9.1.1. Service providers; We share personal data with third parties that we hire to provide services or perform business functions on our behalf, based on our instructions. We may share your personal information with the following types of service providers:
10.1. The user account can be terminated at any time through the account management page. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
10.2. We further reserve the right to suspend or terminate your account, or your access to the Service, with or without notice to you, in the event that you breach these Terms.
11.1. All user account pages are protected with secure socket layer ("SSL") encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.
11.2. the User is further under obligation to notify Us of any unauthorized or unaccounted or suspected unauthorized use of the account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
12.1. You hereby indemnify us, and undertake to keep us indemnified, against:
13.1. We use technologies like cookies and pixel tags to provide, improve, protect and promote.
13.2. Cookies are electronic identifiers that are transferred automatically to your computer /phone through your browser that allow our computers to save certain information you provide us and store information about you so we can recognize you when you visit our website in the future. This allows you to avoid logging in more than once, which saves time and create a customized website/app that fits your needs.
13.3.1. Recognizing and counting the number of visitors and assessing how visitors move around the site when they are using it (this helps us to improve the way our website/app works, for example by ensuring that users can find what they are looking for).
13.3.2. Identifying your preferences and subscriptions e.g. language settings, saved items, items stored in your basket and Prime/Premium membership; and
13.3.3. Sending you newsletters and commercial/advertising messages tailored to your interests.
13.4. Our approved third parties may also set cookies when you use our marketplace. Third parties include search engines, providers of measurement and analytics services, social media networks and advertising companies.
13.5. You may, at any time, disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use our website. However, you will not be able to fully take advantage of certain automation and other functionality features available.
14.1 The website/app is a property of Resurface Media. It contains information on Resurface Media Application and its other entities including the Company. The Company controls and maintains the App from Kenya. The materials and information contained in the App all relate to Kenya ONLY.
14.2 Furthermore these terms and conditions are governed by and construed in accordance with the Laws of Kenya and any dispute relating thereof shall be subject to the non-exclusive jurisdiction of the courts of Kenya.
14.3 Incase of any disputes arising they may refer such a dispute to an Arbitrator or a Mediator that shall be appointed by the Law Society of Kenya Chairman. The Arbitration or Mediation procedures shall be governed by the Governing Laws of Kenya.
15.1. Subject to the express provisions of these general terms and conditions:
a. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website/app and the material on our website; and b. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
15.2. Resurface Media’s logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.
15.3. The third party registered and unregistered trademarks or service marks on our website are the property of their respective owners and we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.
16.1. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
16.2. Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to access, correct or erase your personal data, object to or restrict processing of your personal data, and unsubscribe from our emails and newsletters.
Social Media Influencers shall be directly responsible for any misuse of their personal data and Resurface Media shall bear no liability to buyers in respect of any misuse by marketers of their personal data.