Terms of use

These terms of use (these "Terms") are intended to set out the terms and conditions for the use of "SIMWAY" (the "Service") provided by AfricaScan Inc. ("AfricaScan"). All users of the Service and all customers managed by the Service ("User" or "Users" depending upon context) are required to use the Service in accordance with these Terms.


Chapter 1 General Terms and Conditions

Article 1. (Terms)

All customers who wish to use the Service provided by AfricaScan are asked to consent to these Terms and be in compliance with them. These Terms are applied when Users use the Service.

Article 2. (Scope of Application)
  1. If AfricaScan sets out any policy, rule, or guideline as given below for the application to Users, they also constitute a part of these Terms:
    • (1) privacy policy;
    • (2) notices and rules applicable for the use of the Service which will be notified to Users individually or posted on the Service by AfricaScan, regardless of the name; and
    • (3) terms of use and guidelines, etc. (the "Individual Terms") of each individual service (the "Individual Service") which constitute the Service.

  2. If the Individual Terms are set out and if there are matters not contained in them, the provisions of these Terms are applied. If the Individual Terms have provisions not in conformity with these Terms, the latter prevails over the former except when the former expressly sets out to the contrary.
Article 3. (Effect of Notice, etc.)
  1. Any notice to Users by AfricaScan will be given by posting on the Service or sending an e-mail individually to Users, or both.
  2. If a notice is given by posting on the Service, it becomes effective when it is posted on the Service. If a notice is given by sending an e-mail individually to Users, it becomes effective when the e-mail is transferred to the mail address registered beforehand or changed by Users later using a settings screen. If any notice does not arrive because of failure of the change in the e-mail address or other reasons on the part of Users, such notice is considered to have reached Users at the time when it normally should have reached.
  3. Users are responsible for examining every detail of the notice given by AfricaScan. AfricaScan is not responsible for any damages occurred as a result of Users' failure to examine the notice.
Article 4. (Amendment)
  1. AfricaScan may, if it considers necessary, make additions to, amend, or delete any part of the Service (collectively the "Amendments") at any time without consent of Users. Users hereby agree in advance that AfricaScan may from time to time make the Amendments and that the terms and conditions of the Service are those as prescribed by these Terms posted on the Service as of the date when the Service is used. Paragraph 2. of this Article will be applied correspondingly to the start time of the amended Terms. In addition, AfricaScan may as an exception separately set out the start time.
  2. Unless otherwise set out by AfricaScan, the amended Terms as set out in Paragraph 1. of this Article become effective from the time when AfricaScan posts them on the Service.

Chapter 2 The Service and Users

Article 5. (The Service)
  1. The Service provides applications, computer software, and information existing in website (including but not limited to texts, images, motion videos, music, and logos (collectively the "Posted Contents")) and any and all Posted Contents posted on, disclosed in, offered to, or sent to the Service by Users on an as is basis. Accordingly, AfricaScan assumes no obligation to any User or any third party for the management or monitoring of the Posted Contents.
  2. In principle, the Service assumes that it will be used by Users who reside in Republic of Kenya. If Users intentionally or negligently transfer Posted Contents to overseas from Republic of Kenya, they must comply with domestic as well as foreign laws and regulations concerning technology exports or any other relevant laws and regulations. AfricaScan assumes no responsibility whatsoever for damages suffered by Users and third parties as a result Users failed to comply with the aforementioned laws and regulations including acts of the transfer of the Posted Contents.
Article 6. (Change in the Service)
  1. AfricaScan may change the contents of the Service. Unless otherwise set out by AfricaScan, the changed Service becomes effective when AfricaScan posts it on the Service.
  2. If the contents of the Service are changed pursuant to Paragraph 1. of this Article, AfricaScan assumes no responsibility whatsoever for damages suffered by Users as a result of such change.
Article 7. (Temporary Suspension of the Service)
  1. If AfricaScan determines that any of the following events occurs, it may suspend, stop, or abolish the Service in whole or in part (collectively the "Suspension") without any prior notice to Users, if:
    • (1) regular or emergency maintenance of the equipment of the Service is needed;
    • (2) it becomes impossible to provide the Service because of unexpected accidents such as fire or power failure;
    • (3) it becomes impossible to provide the Service because of natural disasters such as earthquake, volcanic eruption, flood, or tsunami;
    • (4) it becomes impossible to provide the Service because of war, disorder, riot, disturbance, labor dispute, suspension of trade, strike, unavailability of goods and transportation facility, or governmental intervention; or
    • (5) AfricaScan determines that it is necessary to suspend the Service because of operational or technical reasons.

  2. AfricaScan may abolish the Service in whole or in part by posting a notice to Users on the Service.
  3. AfricaScan assumes no responsibility whatsoever for damages suffered by Users or third parties as a result the suspension of the Service caused by reasons set out in the foregoing two Paragraphs of this Article or any similar reason to them.
Article 8. (Registered Users)
  1. When Users use a certain Individual Service provided by AfricaScan, they will be asked to follow registration procedures (such service is referred to as the "Service under Registration System") prescribed by AfricaScan. Users who completed the registration procedures are called as "Registered Users".
  2. The registration procedures of the Service under Registration System to be performed by Users are:
    • - to agree with these Terms and the Individual Terms of the Service under Registration System;
    • - to complete registration of information (the "Registered Information") separately prescribed by AfricaScan;
    • - to obtain an identifier composed of alphabets, numbers, and special symbols (the "ID") given by AfricaScan; and
    • - to set a password.
  3. If AfricaScan receives an application for registration from Users who completed Registered Information procedures and wish to obtain the ID, it will determine whether or not to accept the application pursuant to the standards set out by it. AfricaScan assumes no obligation whatsoever to disclose the basis and reasons for its determination to ID applicants. In addition, ID applicants may not make any objection to the result of the determination to AfricaScan.
  4. In making the registration procedures set out in Paragraph 1 of this Article or the change in a notification set out Article 10 (Change in the Registered Information), Users must submit true, accurate, and the latest information to AfricaScan.
Article 9. (Age of Users)

If a User is a minor, he/she must obtain the consent of his/her legal representatives such as his/her parents before using the Service. If a User uses the Service for the benefit of a business entity, the customer must ensure before using the Service that the entity also agrees with the Terms and notices for use.

Article 10. (Change in Registered Information)
  1. If any change in the Registered Information has occurred, Registered Users must give a notification of the change to AfricaScan immediately in the manner as separately prescribed by it.
  2. If Registered Users suffer disadvantages by the time AfricaScan receives a notification from Registered Users or because they failed to give a notification pursuant to Paragraph 1 of this Article, AfricaScan assumes no responsibility whatsoever for such disadvantages.
  3. AfricaScan may, as a result of an examination of the change, temporarily suspend the use of the Service under Registration System or forcibly delete the Registered Information of Registered Users. In such case, AfricaScan assumes no responsibility whatsoever for damages suffered by Registered Users as a result of the suspension or deletion.
  4. In addition to Paragraph 3. of this Article, if Registered Users themselves or, pursuant to Paragraph 2., 3., and 4. of Article 10, AfricaScan delete the Registered Information, Registered Users cannot use the Registered Service.
Article 11. (Deletion of Registered Information)
  1. If Registered Users wish to delete the Registered Information, they must apply to AfricaScan in the manner prescribed by it to delete the Registered Information from the Service under Registration System.
  2. Qualification of a Registered User is personal. When a Registered User dies, A AfricaScan treats his/her death as an application to delete the Registered Information set out in Paragraph 1 of this Article as of the date when AfricaScan became aware of the fact.
  3. If a Registered User has committed any act set out in paragraph 1 of Article 17 (Prohibited Acts), AfricaScan may delete his/her Registered Information and terminate the provision of the use of the Service under Registration System without any prior notice.
  4. If a Registered User does not use the Registered ID for 6 months, AfricaScan may delete his/her Registered Information and terminate the provision of the use of the Service under Registration System without any prior notice.
  5. AfricaScan assumes no responsibility for damages suffered by Registered Users as a result of measures taken under this Article.
Article 12. (No Assignment)

Registered Users may not assign, sell, rent, lease, loan, change the name of, pledge, or create securities on any right or title held as a Registered User, or the status as a Registered User of the Service under Registration System to or on behalf of a third party.

Article 13. (Personal Identification Information)
  1. "Personal Identification" means that the title to use the Service is identified by using ID and other sufficient information such as a password, and other symbols (collectively the "Personal Identification Information") used in combination with ID to verify the rights of Registered Users to use the Service.
  2. If Registered Users have forgotten the Personal Identification Information, they must immediately give notice of the fact to AfricaScan and follow any instruction given by it.
  3. Registered Users may not cause a third party to use or share with a third party their Personal Identification Information and rights to use the Service under Registration System which is subject to Personal Identification.
  4. Any use of the Service under Registration System concerning which Personal Identification of Registered Users has been verified and any act resulting from the use (including a case where, through a permanent connection service or any like service in which, depending on the settings of connection to apparatus or network settings, Personal Identification is performed without any involvement of Registered Users, there is a chance for a third party to use the Service under Registration System) is considered as a use by Registered Users no matter if the actual users or actors are Registered Users or not and they are fully responsible for and liable to any consequence resulting from the use.
  5. AfricaScan makes no guarantee whatsoever for the function or quality of connection if:
    • - one Personal Identification Information is used on plural terminals (which mean personal computers, mobile phone terminals, smart phone terminals, tablet terminals, or any other devices to input or output information regardless of the kind of the terminal, and the same definition is applied to terminal after this Article);
    • - one Personal Identification Information is used simultaneously by a Registered User and a third party other than the Registered User; or
    • - plural Personal Identification Information is used simultaneously on the same terminal.
  6. Registered Users are fully responsible for the management of their Personal Identification Information. Even when Registered Users suffer damages because of the reason that their Personal Identification Information is used by a third party other than Registered Users, AfricaScan assumes no responsibility whatsoever for such damages regardless of the use is intentional or negligent.
  7. If a Registered User has learned that his/her Personal Identification Information is stolen (including the case where his/her terminal itself is stolen) or used by a third party, the Registered User shall immediately give notice of the fact to AfricaScan and follow instructions given by it.
Article 14. (Period of Use)

The period of the use of the Service under Registration System commences from the time when the registration procedures are completed as set out in Article 8 (Registered Users) and ends at the time when any event which comes under any of Paragraph 1., 3., or 4. of Article 11 (Deletion of Registered Information) or Article 24 (Cancellation of the Service under Registration System) occurs.


Chapter 3 Responsibility of Users

Article 15. (Setting up and Maintenance of Utilization Environment)

Users shall at their expense and responsibility prepare any and all terminals, telecommunication devices, software, and any facilities, and any other related apparatus necessary for the use of the Service to ensure that the Service is available for use. In addition, if it is necessary for the use of the Service, Users must at their expense and responsibility conclude an internet connection contract with a telecommunications carrier to connect the Service through their terminal.

Article 16. (Principle of Self-responsibility)
  1. AfricaScan does not warrant that the contents posted on the Service are true, lawful, appropriate, trustworthy, or accurate.
  2. Users are solely and fully responsible for any and all uses of the Service, any and all information transmitted and conducted through the use of it (including acts of third parties to be considered as uses or acts of Users and spoofing), and any and all consequence resulting therefrom.
  3. If Users cause damages to AfricaScan or a third party (including a case where AfricaScan or a third party suffered damages because Users have failed to perform their obligations under these Terms) as a result of the use of the Service, they are at their expense and responsibility fully liable the damages (including litigation fees and attorney fees).
Article 17. (Prohibited Acts)
  1. If any one of the following acts occurs to any User, AfricaScan may, without giving any prior notice to him/her, terminate the use of the Service, delete the Registered Information, or stop the provision of the Service and, thereafter, reject its use. For the purpose of this Article, it being understood that any suspension or temporary suspension period shall be included in the period of use.
    • (1) Any act which infringes or may infringe any intellectual property rights (including any right to acquire an intellectual property right or right to file an application for the registration of it) including copyrights, trademarks, patent rights, design rights, and utility model rights of AfricaScan or any third party (which is not limited to a specific person and includes without limitation a group or organization such as a state, race, region, legal entity, and religious organization, and "third party" shall have the same meaning in this Article);
    • (2) Any act which infringes or may infringe any property, privacy right, or right of publicity of AfricaScan or any third party;
    • (3) Any act which discriminates or defames or may discriminate or defame AfricaScan or any third party;
    • (4) Any act which damages or may damage the good name or trustworthiness of AfricaScan or any third party;
    • (5) Any act which transfers or displays or may transfer or display any image or document containing obscenity, child porno, or child abuse or sell or distribute any media which contain such image or document;
    • (6) Any act which violates or may violate the Act For Control Over Harassment And Stalking, etc.;
    • (7) Any act which sets up or may set up endless money chain system ("Nezumi-Ko") or induces or may induce a person to join such system;
    • (8) Any act to use the Service in the disguise of a third party;
    • (9) Any act to participate in a pre-election or election campaigning or any act similar thereto, or act that may violate the Act of Public Offices Election, etc.;
    • (10) Any act to solicit a person to participate in religious activities or join a religious organization;
    • (11) Any act to use the Service for the purpose of or in preparation for business activities or profit-making (including banner advertisement, text advertisement, and row of key word links);
    • (12) Any act which transfers or displays any image or document to a third party for which the third party may have a hatred;
    • (13) Any act which prevents a third party from transferring an image or a document;
    • (14) Any act which requires a third party to transfer chain e-mail or which transfers such mail in response to a request of a third party;
    • (15) Any act to make an illegal access to the equipment necessary for the Service (including communication facilities or channels, computers, other devices, and software prepared by AfricaScan or a third party designated by AfricaScan necessary for the provision of the Service) or cause interference with the use or management of such equipment;
    • (16) Any act to collect personal information of a third party, or disclose personal information of himself/herself or a third party, or disclose information which may enable others to identify that the information is Personal Information of him/her or a third party, without consent or in an unnecessary manner;
    • (17) Any act to make illegal use of the Personal Identification Information or cause a third party to do such illegal use;
    • (18) Any act to analyze, reverse compile, reverse assemble, or reverse engineer the Service provided by AfricaScan;
    • (19) Any act to redistribute, loan, or sell the Service to a third party without permission of AfricaScan;
    • (20) Any act to alter, interfere with, gain unauthorized access to, or delete the Service;
    • (21) Any act to make use of any defect or failure of the Service illegally or transfer information concerning such defect or failure to a third party;
    • (22) Any act to develop or use an unauthorized tool or function such as a tool which enables a person to access to an online page of other Registered Users;
    • (23) Any act to impersonate an employee or a support personnel of AfricaScan;
    • (24) Any act which is in violation of laws and regulations, these Terms, or public morals (including but not limited to violation and cruelty), interferes with the management of the Service, damages the credibility or infringes the property of AfricaScan, or is disadvantageous to a third party or AfricaScan, or any act that may cause such violation, interference, damage, or disadvantage;
    • (25) Any act which is connected with or encourages criminal conducts (including but not limited to sale of controlled substance or bank accounts, or illegal sale of mobile phones), or any act that may cause such connection or encouragement;
    • (26) Any act to transfer to, write in, or post on the Service any information containing computer viruses or any other harmful computer programs;
    • (27) Any act to transfer through the Service data greater than the capacity determined by AfricaScan;
    • (28) Any act to make a false or misleading declaration or notification to AfricaScan;
    • (29) Any act the purpose of which AfricaScan considers is to seek dating or contacts with the opposed sex or use the Service as a dating website;
    • (30) Any act which induces adultery, paid dating, prostitution;
    • (31) Any act which is considered to have an adverse effect on the character formation of minors;
    • (32) Any act which affirms, induces, or assists suicide or self-injury (including acts which show or teach the manner of suicide);
    • (33) Any act to, without permission, use a credit card of a third party, utilize electronic money, points, or prepaid cards of a third party obtained illegally, or use information concerning financial account of a third party without permission or illegally;
    • (34) Any act to establish on the Service a link to the website which contains contents having relations with those prohibited acts set out in this Article; or
    • (35) Other acts to use the Service for the purpose other than the Service's true intent or other acts determined by AfricaScan to be inappropriate.

  2. If AfricaScan determines that Users are or are likely in violation of these Terms or Individual Terms, it may to the extent as is considered necessary immediately delete and/or amend, or edit the Posted Contents posted by such Users in whole or in part, prohibit or restrict the use of the Service by such Users, or forcibly delete the Registered Information of Registered Users or cancel the Service under Registration System.
  3. AfricaScan may, without any prior notice, amend the contents of or suspend the provision of the contents of the Service, or change or cease the use of the ID of Registered Users. AfricaScan assumes no responsibility for consequences suffered by Users or a third party as a result of such amendment, suspension, change, or cessation.

Chapter 4 Intellectual Property Rights

Article 18. (Intellectual Property Rights)
  1. Concerning any information posted or otherwise used in the Service by AfricaScan or a third party who authorized AfricaScan to so use, Users agree that any copyright, patent right, utility model right, trade mark, design right, or any other intellectual property rights (including any right to acquire an intellectual property right or right to file an application for the registration of it) of such information belongs to AfricaScan or the third party concerned. Users must not use by themselves, disclose, or allow any third party to use the information, unless Users obtained authorization from AfricaScan or a third party who authorized AfricaScan to use the information or the information is used within the limited personal use as set out in Article 30 of the Copyright Act of Japan.
  2. Any copyright or any other intellectual property rights of the Posted Contents on the Service posted by Users shall belong to them; provided, however that it is deemed that Users have agreed to grant to AfricaScan or any third party designated by AfricaScan a perpetual, royalty-free, and non-exclusive right including sublicensing right (including, but not limited to, right of reproduction, right of automatic public transmission, film right, right of distribution, right of assignment, right to loan, translation right, right of adaptation, and right to produce and distribute to a third party with or without compensation) to use the Posted Contents in Republic of Kenya and overseas. Users further agree that they must not exercise any moral right against AfricaScan and any third party designated by AfricaScan. If Users assign their intellectual property rights to a third party pursuant to this Paragraph, they must ensure at their responsibility that the assignee consents to the provisions of this Paragraph.
Article 19. (Trademark, etc.)

Any and all trademarks, logos, and service marks appeared on the Service (collectively the "Trademarks") are registered or unregistered Trademarks of AfricaScan or a third party. AfricaScan in no event assigns the Trademarks to Users or any third party or grant license to use the Trademarks to them by reason of these Terms.


Chapter 5 Personal Information

Article 20. (Personal Information)
  1. If AfricaScan sets out a privacy policy, the handling of personal information (which has the same definition given in Article 2, Paragraph1 of the Act on the Protection of Personal Information of Japan and includes IP address and access log, and the same definition is applied to personal information after this Article) is based on the privacy policy.
  2. AfricaScan may record an IP address of Users when they use the Service or access logs such as time and date when they use the Service from the IP address.
  3. AfricaScan may disclose the Personal Information (such as the name and e-mail address of Users) and access logs of Users in any of the following cases, if:
    • (1) Users' consent for the disclosure is obtained;
    • (2) an inquiry is made by the Ministry of Health of Republic of Kenya, County Governments or Sub-County Governments;
    • (3) an inquiry is made by a public institution based on legitimate reasons and a disclosure is requested in the legal procedure of a criminal investigation;
    • (4) a demand of disclosure pursuant to Article 4, Paragraph 1 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Law number 137 of 2001) of Japan is made; or
    • (5) a demand of disclosure is made pursuant to laws and regulations or guidelines, etc. concerning which demand AfricaScan determines to be justifiable.
Article 21. (Handling of Provided Information)
  1. If AfricaScan sets out a privacy policy, AfricaScan handle the information and data provided by Registered Users (the "Provided Information") in accordance with the privacy policy. Registered Users must agree that AfricaScan handles the Provided Information in accordance with these Terms or the privacy policy.
  2. If an inquiry is made by the Ministry of Health of Republic of Kenya, County Governments or Sub-County Governments, AfricaScan may disclose and share the Provided Information.

Chapter 6 Management

Article 22. (Rights of AfricaScan)
  1. AfricaScan may freely publish on the Service an advertisement or the like handled by a third party designated by AfricaScan.
  2. AfricaScan may collect information (including but not limited to questionnaire) from Users on the Service.
  3. AfricaScan may use the collected information mentioned in Paragraph 2 of this Article, Users' utilization history of the Service, or any other information obtained as a result of the use of the Service by Users.
  4. AfricaScan may add restriction to the use of the Service by any User who does not consent to the rights of AfricaScan set out in this Article.
Article 23. (Exemption from Responsibilities and Indemnification)
  1. Notwithstanding any other provisions to the contrary set out in these Terms, unless there is willfulness or gross negligence on the part of AfricaScan, it assumes no responsibility whatsoever for any loss or damages suffered by Users as a result of the use of the Service.
  2. If a link to a website operated by a third party (including but not limited to an advertiser or exhibitor) other than AfricaScan is set on the Service, AfricaScan assumes no responsibility whatsoever for damages suffered by Users as a result of the use of any service offered on the linked website (including but not limited to charging and purchase of goods).
  3. AfricaScan assumes no responsibility whatsoever for damages suffered by Users as a result of loss of the Registered Information or any other information of Users caused by events beyond the expectation of AfricaScan or system troubles including failure or trouble of equipment necessary for the Service, power failure, or abnormality of communication lines.
  4. AfricaScan assumes no responsibility whatsoever for any social, spiritual, physical, or monetary damages suffered by Users as a result of their violation of these Terms or departure from proper use of the Service.
  5. Once the Service under Registration System is used after Personal Identification of Registered Users has been verified, AfricaScan considers that any use thereof or any act related thereto is the use or act by Registered Users whether the actual users or actors are Registered Users or not, and AfricaScan assumes no responsibility whatsoever for damages caused as a result of such use or act.
  6. When the Service is suspended, AfricaScan assumes no liability whatsoever to Users to refund or pay back any expense (including but not limited to the Service Fee, communication expenses) incurred by them.
  7. If there exists any incompleteness in the Personal Information registered by Users, AfricaScan assumes no responsibility whatsoever for any disadvantage or damages suffered by Users as a result of such incompleteness.
  8. The Service is consist of services that AfricaScan can offer to Users as of the time when the Service is provided and AfricaScan does not warrant that the Service is provided without any defect. Accordingly, AfricaScan assumes no responsibility for the completeness, accuracy, applicability, usefulness, truth, appropriateness, reliability, effectiveness of information including the Posted Contents that Users have obtained through the use of the Service.
  9. If data stored by Users in the equipment used for the Service is lost (including deletion by Users themselves) or altered by a third party, AfricaScan assumes no obligation to recover such data.
  10. Notwithstanding preceding nine Paragraphs of this Article, if the exemption of AfricaScan's responsibility set out in these Terms is not admitted under compulsory provisions or final court judgments, AfricaScan will assume responsibility only within the scope of direct and ordinary damages actually suffered by Users.
Article 24. (Cancellation of Service under Registration System)
  1. If a Registered User wishes to cancel the Service under Registration System, the cancellation will be made in accordance with procedures separately set out in the Individual Terms applicable to each Service under Registration System. AfricaScan assumes no responsibility whatsoever for damages of the Registered User as a result of any incomplete cancelation procedure.
  2. If AfricaScan determines that a Registered User has violated either of these Terms or Individual Terms, it may at its discretion forcibly cancel the Service under Registration System contracted between the Registered User and AfricaScan without assuming any contractual liability to the Registered User.
  3. If the Service under Registration System is cancelled or if it is abolished because of AfricaScan's convenience, AfricaScan will post such cancellation on the Service for a period separately it determines to notify the cancellation or abolishment to Registered Users.
  4. Any electronic money, which Registered Users have obtained in relation to the Posted Contents from the day designated by AfricaScan or which is held by them as of the date when the cancellation or abolition is posted on the Service for the application to the use of the Service under Registration System, must be solely dealt with Registered Users and AfricaScan assumes no responsibility whatsoever for the refund or payment of such electronic money.
Article 25. (Operation Guarantee)
  1. The Service does not provide the same level of operation-guarantee worldwide and in all environments (including but not limited to the performance of terminals, kind and version of software, kind and performance of telecommunication devices).
  2. Although environments may cause any inconvenience to the use of the Service or malfunction to the User's terminal, AfricaScan assumes no responsibility for such inconvenience or malfunction.

Chapter 7 Miscellaneous Matters

Article 26. (Governing Law and Exclusive Jurisdiction)
  1. These Terms and the Individual Terms shall be interpreted in accordance with Kenyan Law.
  2. If any legal dispute arises between AfricaScan and Users with respect to these Terms or the Individual Terms, the Tokyo Summary Court or the Tokyo District Court has the exclusive jurisdiction of the first instance.


Established on October 2017