SUMMARY IN PLAIN ENGLISH
This document contains solemn
promises constituting an agreement. The document shall at all times be
understood to be a legally-binding contract.
When you start using the Services
offered on Questgis, you agree to be bound by this agreement, by our Terms of
Service and by our User Privacy Statement.
Our services are intended to be
used by Clients seeking Land Survey and GIS Services on one hand, and
Professionals (Pros) offering such services on the other hand.
Both the Clients and the Pros are
intended to be operating in the African continent and the material transactions
have to involve land situated in the African continent.
You must create a User account
before you can begin enjoying our Services.
Clients make payments via credit
or debit card, and any other payment instrument which may be agreed upon
between Questgis’ staff and the Client. Clients realize that certain licensing
fees and taxes may be added to the fees listed on our platform. When a client
pays for a Service, they cannot claim a refund of their payment unless there is
a fundamental and material breach of the agreement from Questgis.
When offering our services, we
commit ourselves to use reasonable skill and care. We will endeavour to notify
you in case there are any changes to this agreement or to any of our
Services.
You solemnly promise to use our
Services in a way that is legal and in accordance with the intended purposes.
For example, you promise not to spam, spy on other parties, or use other
people’s data or information to their disadvantage.
If you breach any Clause of this
agreement, we may terminate or suspend your continued enjoyment of our
Services.
Questgis (including all its
members of staff) have limited liability as regards any of our Client or Pro.
This condition is stipulated in detail under Clause 22 of this agreement.
If at some point in time a
dispute arises, it will be resolved only in Kenya, under the Law of Kenya as
well as the applicable rules of International law.
1. WHAT IS
THIS DOCUMENT ABOUT?
This document constitutes an
agreement between you and Questgis. The agreement is a legally binding
contract.
This Terms and Conditions should
be read together with the ‘User Privacy Statement’ as well as the ‘Terms of
Service’ on our website and the three instruments should be construed
as one whole.
When you use Questgis, you agree to the terms below as well as to our Terms of Service and User Privacy Statement.
“Admin” means a representative of Questgis authorised to act as an
administrator of the website.
“Agent” means a representative authorised to act in place of another
person as provided under the Law of Agency.
“Claim” means any dispute, suit, legal action, or legal proceeding.
“Client” means a person who intends to or who already has procured
our services.
“Data” includes personally identifiable information which you give
us to process.
“Disclaimer” means a repudiation of another’s legal right or claim.
“GIS (G.I.S)” means Geographic Information System.
“Land” includes: the surface of the earth and the subsurface rock;
any body of water on or under the surface; marine waters in the territorial sea
and exclusive economic zone; natural resources completely contained on or under
the surface; and the air space above the surface.
“Party” means either a Client, a Pro or a member of staff of
Questgis.
“Pro” means either a licensed/accredited land surveyor who is
qualified as such under the relevant laws (or their agent) or a person who
offers G.I.S-related services.
“Project” means work to be undertaken by a G.I.S Service-Provider or
by a licensed land surveyor (or their authorised agent) at the request of a
Client.
“Proxy” means a person who is authorized to act as a substitute for
another.
“Questgis” (and “we”, “us” or “our”) means this URL (https://www.questgis.com) and where the context so permits, it may also
refer to Equest Mapping (EA) [a Kenyan firm] and/or Equest Mapping Limited [a
Rwandese Company]. It may also refer to the party capable of suing on behalf of
the operators of https://www.questgis.com, whenever a cause of action arises in favour
of the said URL.
“Services” means any services that we offer, including to persons
who visit our website.
“User” means a person who has successfully created a user account on
Questgis.
“User Privacy
Statement” is the legal document by the same name on this URL
https://www.questgis.com , which states how we collect, handle and
process data from our Clients, Pros and other Visitors.
“You” (or “your”) means Clients and/or Pros and/or any other persons who visit Questgis.
You may not use any of our Services without having agreed to this agreement. The Services we offer are provided only on the following terms: -
Our Services are offered only to clients seeking Land Survey and GIS Services on one hand and Land Surveyors and GIS Service-Providers on the other hand. In case it is discovered that you are using our services with different interests, we will immediately terminate this agreement.
The Clients as well as the Pros are intended to operate in the African continent and the material transactions have to involve land situated in the African continent.
6. ALTERATION OF SERVICES
We reserve the right to alter, change or modify the Services that are offered to registered users at any time.
7. REVOKABLE LIMITED USE
In the event that we let you use any of our services without you having created an account, such use is limited. We reserve the right to unilaterally revoke such use.
8. SUBSCRIPTION AND PAYMENTS
You shall provide your payment details at the time of agreeing on the terms of payment. Providing such details shall be construed as an offer from you, which offer shall be deemed accepted when our team processes your payment.
8.1 ELECTRONIC PAYMENTS
When paying via Electronic means, you shall provide details of your credit card, debit card or whichever other payment system, payment instrument or payment service provider you choose to use. Such details must be sufficient to enable our team to process your payment.
8.2 DEBIT/CREDIT CARD DETAILS
When you share your debit or credit card details with us, it shall be understood to mean that you have donated to us the authority to bill your debit or credit card instantly.
8.3 MODE OF PAYMENTS
While agreeing on payment terms, we reserve the right to either approve or reject your payment system, payment instrument or payment service provider. We shall have the final say on the payment system, payment instrument or payment service provider that will be used when transacting through the Questgis platform.
8.4 FOREIGN CURRENCY
Please take note that in case you
furnish us with a debit or credit card which is in a currency which is
different to that of the Fees we propose to charge, the Fees are likely to
change when they are converted to your local currency by your payment service
provider. Also note that your credit card provider may charge for payments in
foreign currency.
8.5 No
refunds
Please note that we do not offer refunds for payments already processed.
9. USER ACCOUNT
It is solely at our discretion to either approve or reject your application for a user account on Questgis.
10/ PROPOSED PROJECT
It is solely at our discretion to either approve or reject your proposed project before proceeding to agree on payment terms.
11. TAX COMPLIANCE
The Fees we charge on Questgis are not inclusive of legally-applicable Taxes or licensing fees. The burden is upon the client as well as the Pro to ensure they are tax-compliant in the relevant jurisdiction. You bear the responsibility of paying any Taxes or licensing fees that the relevant law requires us to collect, over and above the Fees we charge for our services. However, if you furnish us with a valid tax exemption certificate from a tax authority with the mandate to issue such a certificate, our team will not add any taxes to our Fees.
12. YOUR DUTIES AND RESPONSIBILITIES
Clients and Pros are required to use Questgis’ Services as intended.
12.CLIENTS AND PROS HAVE A DUTY AND ARE RESPONSIBLE FOR
•
How they, their agents or proxies use our
services.
•
Compliance with this agreement by them, their
agents or proxies.
• Keeping their Passwords and User IDs secret and promptly notifying our team in case they suspect that such details have been compromised.
12.2 CLIENTS AND PROS SHALL NOT
•
License, sell, resell, distribute, or in any
other way make our Services (including any data within the Services) available
to any unauthorised third parties;
•
Attempt to disassemble, reverse compile, or
reverse engineer any part of our Services;
•
Use our Services to violate any relevant or
applicable Laws, including Laws relating to privacy, data protection, or
information security;
•
Negligently, recklessly or purposefully disrupt
or interfere with the performance or integrity of our Services. Such
interference may include hacking, spamming, circumventing or violating our API
rate limits, or suchlike activities.
•
Allow unauthorised third parties to access their
user accounts or any of our Services.
•
Use any of our Services for any unlawful or
illegal purposes.
•
Use sensitive data as a basis of unlawfully
profiling persons who interact in any way with Questgis. Such unlawful
profiling may be on the basis of religious beliefs, negative financial status,
political affiliation, health, ethnic or racial origin, sexual orientation or
otherwise.
• Share sensitive data concerning any person who interacts in any way with the Questgis platform. Such data shall not be shared with intelligence agencies, government officials or other persons who may use it to the detriment of the person to whom the data relates.
13. OUR RESPONSIBILITIES
We promise as follows: -
•
We will offer our services with reasonable care
and skill.
•
We will endeavour to ensure that the Questgis
website will perform substantially in line with its intended functions.
•
We will substantially comply with the relevant
and applicable laws in our quest to perform our obligations as spelt out under
this agreement.
•
We will do all that is reasonably possible to
offer quality services, but we do not promise perfection. In this regard, we do
not guarantee that our platform, website or services will at all times be up
and running. We do anticipate that the website and our services may be
interrupted or may malfunction at times. However, we will endeavour to resolve
such glitches within a reasonable timeframe.
•
We do not support all possible kinds of data or
3rd party apps.
• We make no promises that using our Services will give you any specific insight.
14. PROMISE OF NON-DISCLOSURE AND CONFIDENTIALITY
You acknowledge that certain disclosures made by Questgis
have or might have substantial strategic importance. Throughout the duration of
the contract and for a period of 48 months following its end, you commit to: -
•
Maintain confidentiality of all sensitive
information which reaches you.
•
Not disclose nor transmit such information.
•
Take all the necessary steps to protect the
confidentiality of all such information.
• Not exploit or otherwise use such information either for your own account or for others.
15. INTELLECTUAL PROPERTY
We retain all our intellectual
property (I.P) rights.
All I.P rights deriving from our
services are entirely owned either by us or by our licensors.
After successfully creating an
account with Questgis, you only get the right to use our website but you are
not granted any entitlement in I.P rights. You do not get the right to use or
exploit our I.P rights for gain.
Having created your account, you
grant us permission to exploit or otherwise use any of your I.P rights without
any restrictions whatsoever.
You hereby expressly give us a
license to use, exploit or otherwise derive commercial gain from your I.P
rights.
15.1 Right to Use your Feedback
We can develop or improve our products based on the feedback which you give us.
16. PRIVACY AND PUBLICITY
We collect, store and process
data from Users in line with our User Privacy Statement.
We will not disclose to any third parties that you are our Client or Pro without receiving your consent.
17. REMOVAL OF DATA
An applicable law may demand that we delete some data from our database. We will have no choice but to comply with such a law, even if you may be adversely affected by such deletion.
18. SUSPENSION AND TERMINATION
We reserve the right to suspend
your use of the Questgis platform or any of our services if you contravene any
term of this agreement.
In case of such suspension, we may decline to reinstate any of our services until you assure us, in a form that is acceptable to us, that you will not commit any further breaches to this agreement.
18.2 TERMINATION
A party is at liberty to terminate this contract by giving
written notice to the other party if: -
•
There is a fundamental and material breach which
has no legal redress.
• There is a fundamental and material breach which has a legal remedy but the other party does not provide a remedy within 15 days of being notified of such breach.
19.SURVIVING TERMINATION
When this agreement is terminated in any manner stipulated in Clause 18.2, the accrued rights and liabilities of the parties remain valid. All Clauses of this contract that ought to survive termination in order that they retain their purpose, survive termination. For example, the requirement to remove data under Clause 17 remains valid even after this contract is terminated.
20. CLIENTS"S BUDGET
As a Client, you will give us an estimate of the amount of money you intend to spend as fees for our services. You will give this estimate when tendering your proposed project. This estimated amount will be subjected to negotiations between you and us before settling on the fees payable on your proposed project.
21. LIABILITY FOR CERTAIN OBLIGATIONS
All parties remain liable for all duties and obligations which cannot be limited or excluded under the relevant and applicable laws. For example, personal injury or death occasioned by negligence, or incidences of fraud.
22. LIMITATION OF LIABILITY
We strive to ensure that our
services and products are of the best quality. However, the security, safety,
and perfection of our products and services is not in any way guaranteed. Our
products and services are susceptible to errors and may be disrupted. We hereby
disclaim all warranties (whether implied or express) to the fullest extent
permitted by the relevant law. Such implied warranties may relate to fitness
for a specific purpose, title, non-infringement or merchantability.
Questgis’ liability shall in any event be limited to the greatest extent that the relevant law allows. For greater certainty; in no instance shall we accept responsibility or liability for any lost data, information, revenues or profits or special, consequential, incidental or punitive damages caused by or connected with these terms or with any of our services.
23. AVOIDANCE OF LIABILITY
Notwithstanding the provisions of Clause 22, no party is liable in case of unavoidable and unforeseen catastrophes or other similar circumstances which impede performance of its duties and/or obligations.
24. FORCE MAJEURE
No party incurs liability for a breach which arises as a result of an incident or occurrence beyond such party’s reasonable control. Such supervening events may include: war, civil commotion, outbreak of disease, riot, natural disaster, flood, fire, government action, terrorist action, malicious damage, or malfunction of 3rd party telecommunications services.
25. NOTICES
Clients and Pros will deliver notices pertaining to legal
matters or relating to fundamental breach or any other notices to the following
addresses:
•
Any of our Registered Offices.
•
Email: info@questgis.com .
26. ENTIRE AGREEMENT
The entire agreement between the
parties is captured in this document.
The parties do hereby expressly confirm that there were no representations made prior to entering into this agreement. The parties acknowledge that they will not be entitled to rely on any warranty, representation, statement or understanding of any person (a party hereto or otherwise) except as stipulated in this agreement. The parties further acknowledge that they will not be entitled to any redress in relation to any such warranty, representation, statement or understanding.
27. SEVERABILITY
In case it is established that any Clause of this contract is unenforceable, illegal or invalid, the remaining Clauses will still retain their effect.
28. NO WAIVER
If there is a failure or delay by a party to enforce any term of this agreement, such delay or failure does not amount to that party renouncing their right to enforce. Such a party is not precluded from later seeking to enforce the right mentioned above or any other term herein.
29. GOVERNING LAW AND JURISDICTION
The Law of Kenya (including the general rules of international law forming part of the law of Kenya as well as the treaties and conventions ratified by Kenya) shall govern this agreement. Any claims or non-contractual disputes related to this agreement shall be governed by the Law of Kenya. Kenyan Courts retain exclusive jurisdiction over our relations as parties to this agreement.
30. DISCLAIMER
Questgis shall not in any case be
liable for any damages (whether special, incidental, consequential, indirect or
otherwise) resulting from, or in any way associated with, the use of our
website.
Questgis shall not be liable for any services and/or data acquired through the website, whether founded upon strict liability, tort, contract or otherwise if the services were offered or data displayed in good faith.
31. AMENDMENT
Any Clause in this Terms &
Conditions may be unilaterally amended by us at any moment, without notice.
Ensure that you read our Terms & Conditions regularly to keep yourself
familiar with the most recent version of the same.
If you continue using Questgis.com after an amendment to the Terms & Conditions, it will be presumed that you have agreed to any such amendments.
32. MISCELLANEOUS
The doctrine of privity of
contract applies to this agreement with the effect of barring third parties
from enforcing this contract.