Terms & Conditions

1. Acceptance of Terms

By accessing or using HAKIKI, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the platform.

2. Use of the Platform

• —You may use HAKIKI only for lawful purposes and in accordance with these Terms
• —You are responsible for maintaining the confidentiality of your account credentials
• —You must not attempt to gain unauthorized access to any part of the platform
• —You must not use the platform to upload or transmit malicious code or harmful content

3. Data and Privacy

Your use of HAKIKI is also governed by our Privacy Policy. By using the platform, you consent to the collection and use of information as described therein. All tenant data is isolated and accessible only to authorized users within that tenant.

4. Intellectual Property

HAKIKI, its design, code, and content are the intellectual property of 4M Consulting. You may not copy, modify, or distribute any part of the platform without prior written consent.

5. Disclaimer of Warranties

HAKIKI is provided "as is" without warranties of any kind, either express or implied. We do not warrant that the platform will be uninterrupted, error-free, or completely secure.

6. Hakiki Elections

These terms apply in addition when your organisation, or you as a candidate, use Hakiki Elections: the elections features of HAKIKI, the agent app and the Hakiki Elections pages (gethakiki.com/elections).

• —Independent tool. Hakiki Elections is an independent tool for collecting, checking and keeping polling station results. It is not affiliated with, endorsed by or acting for the Independent Electoral and Boundaries Commission (IEBC) or any other electoral body, and it does not publish, declare or certify official results.
• —No legal guarantee. Evidence packs, audit trails, confirmations, reports and dashboards are records of what was submitted and checked in the platform. We make no representation that any of them will be admitted, accepted or given weight by a court, tribunal, electoral body or anyone else, or that they will be enough to prove or disprove any result, petition or claim. Nothing in the platform or on our websites is legal advice; take your own.
• —Accuracy depends on your people. Results are only as accurate as the figures and photographs your agents, staff and reviewers provide. Arithmetic checks, second keying and reviewer decisions help find errors; they do not guarantee that every error or irregularity is found. You are responsible for the people you appoint, how they act and the decisions your reviewers make.
• —Your obligations. You are responsible for complying with the laws that apply to your election activities, including electoral law and the Data Protection Act, 2019, and for having the authority and consents needed to collect and process the personal data of your agents and of anyone else whose data you enter.
• —Retention lock. Evidence captured for elections is stored under a retention lock: neither you nor we can delete or alter it before the retention period ends (currently 365 days from upload, unless agreed otherwise in writing).
• —Availability. Election-day work depends on mobile networks, devices, power and services outside our control. We do not guarantee that the service, or any submission, will be available or delivered at a particular time; keep your own fallback procedures.
• —Fees. The activation fee and the price per agent seat are those agreed in writing with your organisation or, for a candidate, with you. Seats bought by card are added once the payment is confirmed. Refunds are as agreed in writing or as required by law.
• —Outcomes. Without limiting section 7, 4M Consulting is not liable for the outcome of any election, petition or dispute, or for any decision made on the basis of results or evidence held in the platform.

7. Limitation of Liability

To the maximum extent permitted by applicable law, 4M Consulting shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of HAKIKI.

8. Termination

We reserve the right to terminate or suspend your access to HAKIKI at any time, with or without cause, and without prior notice. You may also terminate your use of the platform at any time.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes shall be resolved in the courts of Kenya.

10. Changes to Terms

We may update these Terms from time to time. Continued use of the platform after changes constitutes acceptance of the revised Terms.

11. Contact

For questions about these Terms, please contact us via the Contact page.