SUMMARY IN PLAIN ENGLISH

This page or any other pages it links to provides for Questgis.com’s Terms of Use (also referred to as “Terms of Service” from now on). 

Before using Questgis.com, you must agree to these Terms of Service. These terms govern the way in which you use our website.

You agree to use this website for lawful purposes and according to intended uses.

We will always try to keep the data or information which you provide to us confidential.

You will pay for (or accept payment for) any of our service in a manner or channel previously agreed upon between you and us.

You realize that certain licensing fees and taxes may be added to the fees quoted on our website.

We will always try to act within the provisions of the relevant and applicable laws in all our relations with you. If you and us ever find ourselves in a dispute or disagreement of a legal nature, such a dispute shall be resolved only in Kenya and in accordance with the Law of Kenya (including that part of international law which forms part of the Law of Kenya).

We may change these Terms of Service from time to time. You agree to keep yourself informed about the latest version of our Terms of Service.

1. WHAT IS THIS DOCUMENT ABOUT? 

This document constitutes an agreement between you and Questgis.com. The agreement should be construed as a legally binding contract. 

This Terms of Service should be read together with the ‘Terms and Conditions’ as well as the ‘User Privacy Statement’ on our website and the three instruments should be construed as one whole. 

          2. WHO WE ARE

Questgis.com is run by Equest Mapping (EA) [a Kenyan firm] and Equest Mapping Limited [a Rwandese Company].

         3. DEFINITIONS

“Admin” means a representative of Questgis authorised to act as an administrator of our 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 to us to process.

“Disclaimer” means a repudiation of another’s legal right or claim.

“G.I.S (GIS)” 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, a person who visits our website 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 agent) at the request of a Client.  

“Proxy” means a person who is authorized to act as a substitute for another.

“Questgis.com” (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.com.

     4. YOU AGREE AS FOLLOWS

You must first agree to the terms stipulated below before you use any of our services. The Services we offer are provided only on the following terms: -

       5. USING QUESTGIS.COM

You solemnly promise that you will only use Questgis.com for lawful purposes. In addition, you bind yourself to use the website in a manner that does not violate the rights of any other person. You commit yourself to use the website in a manner that does not limit or hinder the enjoyment and use of this site by any other person.

          5.1 USING THE SERVICES

To access our Services, you ought to create an account (either personally or through your agent or proxy).

                    5.2 LIMITED USE

In case we allow you to use any of our services without you having created a User account, such use is limited. We can choose to unilaterally revoke such use.

                        5.3 LOGIN CREDENTIALS

Each login credential is for an individual user and cannot be used by any other person besides the User’s agent or proxy.

       6. SERVICES AND TRANSACTIONS

        6.1 SERVICES

You are allowed to use our services either as a Client seeking Land Survey or GIS Solutions from our Pros or as a Pro offering Land Survey or GIS Solutions to our Clients. Using our services with any different interests, warrants immediate termination of this agreement.

               6.2 TRANSACTIONS

You can only transact on Questgis.com through our Admin. Pros can only transact following our Admin’s approval of their transaction.

              7. SUBSCRIPTION AND PAYMENTS

             7.1 THE PROCESS ( FOR CLIENTS)

a)       Create a user account.

b)      Log In to the Client Area once your account is created successfully.

c)       Post a project proposal with sufficient details to enable us to understand your project.

d)      Wait for your proposal to be approved.

e)      Indicate your budget for the proposed project.

f)        Agree with us on the terms and mode of payment regarding your proposal.

g)       Make the payment as agreed.

h)      Receive the Services you require.

                      7.2 THE PROCESS ( FOR A PRO) 

a)       Create (Apply for) a User Account.

b)      Wait for your Application to be approved.

c)       Log in to your Account once it’s approved.

d)      Identify a project you feel competent to tackle.

e)      Bid for the said project (once you bid, you’re presumed to accept the fees offered).

f)        Once your bid is successful, begin working on the project within a reasonable time.

g)       Submit the project within your personal area within the prescribed timelines.

h)      If your work meets the client’s and our expectations, wait for your fees to be processed.

              7.3 PURCHASING A SUBSCRIPTION 

By giving your payment details when agreeing on the terms of payment, it shall be understood to mean that you are making an offer to retain us for the proposed project. That offer is considered accepted when our team processes your payment. 

                 7.4 ELECTRONIC PAYMENT

By sharing with us the details of your debit or credit card, you give us the authority to bill your debit or credit card immediately.

              8. TAXES

The Fees we charge on Questgis.com are not inclusive of legally-applicable Taxes or licensing fees. In every transaction you make through Questgis.com, you shall ensure that you are tax-compliant within the relevant jurisdiction. If you are eligible for a tax exemption, we will require you to provide a tax exemption certificate from the appropriate tax authority.

             9. LINKING TO QUESTGIS.COM

We encourage and welcome other websites to link to Questgis.com.

You must first seek permission from us by contacting us in case you want: -

•       To charge users of your website to click on a link to a page on Questgis.com.

•       To indicate that your website is endorsed by or affiliated to Questgis.com

                10. LINKING FROM QUESTGIS.COM

Questgis.com links to other websites which are run by other entities. We are not responsible for any content contained in such websites. 

We will not take responsibility for: -

    Ensuring that the information you share on these websites will be protected.  A damage or loss arising out of your use of such websites.

You will not raise any dispute or bring any claim against us in relation to how you used such websites.

You shall familiarise yourself with all user privacy statements, end user licenses as well as terms and conditions relating to the said websites before you interact with them.

           11. USING QUESTGIS.COM CONTENT

We hold Intellectual Property (I.P) Rights in almost all content on Questgis.com.

If any content on our website does not have I.P protection, we will endeavour to credit the copyrightholder or author.

To reproduce any content published on Questgis.com (which is subject to copyright protection), you will require a licence from us. When granted such a licence, you agree to adhere to its conditions.

If you are not sure whether some bit of content on our website is subject to copyright protection, please contact us.

             12. YOUR DUTIES AND RESPONSIBILITIES

Clients, Pros as well as their agents or proxies must use the Services offered on Questgis according to what is stipulated in this agreement.

         12.1 YOU ARE REQUIRED TO USE QUESTGIS.COM AS INTENDED

Any use of our services or website that is contrary to the intended use will warrant immediate termination of this agreement by us unilaterally.

          12.1 CLIENTS AND PROS ARE RESPONSIBLE FOR

       •       How they, their agents or proxies use our services

•       Upholding privacy and confidentiality of any sensitive data they get access to while using our services. Such data is not to be shared with intelligence agencies, government officials or any other person who may use it to the detriment of the person to whom the data relates.

•       Ensuring they do not compromise, whether purposefully, recklessly or negligently the integrity or performance of our Services. Such compromise may be by way of hacking, spamming or similar activities.

•       Keeping the credentials of their user accounts secure. 

This may be achieved by: -

a)       Making sure that any Passwords and User IDs meant to be used on the Questgis.com platform are kept confidential and safe; and 

b)      notifying our team promptly in the event that the security of a Password or User ID is suspected to be or actually is, compromised.

                              13. CONTENT CAUSING LOSS 

Some of the content on our website is displayed for use on other applications and websites. We do not guarantee or give any warranties to the effect that such content is complete or accurate. In any event, we will not be liable or responsible for any damage or loss arising out of your use of such content.

Questgis.com will at all times be the website containing the latest and updated version of our content.

                    14. DISCLAIMER

We try as much as possible to ensure that Questgis.com is up to date. However, we do not give any warranties or guarantees that the content will always be: -

•       Complete

•       Accurate

•       Secure

•       Current

•       Free from viruses or bugs

               15. SEEK PROFESSIONAL ADVICE

Any content on Questgis should not be considered to be advice unless we unequivocally state that it is advice.

For all other forms of content or information, seek specialist or professional advice before placing reliance on such content or information.

              16. LOSSES ASSOCIATED WITH USE OF OUR WEBSITE

We will not be responsible for any damage or loss arising out of the use of Questgis.com including: -

•       Consequential, indirect or direct losses

•       Losses arising out of the use of websites linked from and to Questgis.com.

•       Losses arising out of the inability to use Questgis.com or any websites which are linked from or to it.

If you suffer losses under any circumstances (whether you warned us of the possibility of loss, or the loss was foreseeable), we will not be held liable in any event.

You may suffer loss of: -

•       Opportunity

•       Profits

•       Data

•       Reputation

•       Revenue

•       Salary

•       Goodwill

•       Wasted Time

•       Personal property (whether tangible or intangible)

•       Contracts        Income

and for any such loss, we will not be held responsible in any event.

We may only incur liability for: -

•       Personal injury or death caused by our negligence.

•       Misrepresentation by us, which is fraudulent.

•       Any other liability imposed by the relevant and applicable law and which cannot be avoided.  

              17. REMOVAL OF CONTENT

You may request us to remove some content from Questgis.com. We will remove such content: -

•       So as to be compliant with laws regarding data protection.

•       If it comprises confidential personal data, offensive or defamatory material.     If it is in violation of laws regarding copyrights.

You may reach us at any time through our contacts requesting that we remove certain content. Share with us the URL (Web address) of such content, with details as to why you feel we should remove such content. You can then expect a reply from us confirming whether we will remove such content or not.

It is solely at our discretion to decide whether or not to remove such content.

          18. DATA COLLECTION

When you use Questgis.com, you allow us to collect data and information from and about you in line with our User Privacy Statement. By using Questgis.com, you affirm that any piece of information or data you give us is correct and accurate.

            19. EXPOSURE TO HARMFUL CODE 

You confirm that you will use Questgis.com in a way that will not put you at risk of malicious computer code, virus exposure, or suchlike harmful influences which may corrupt your computer system.

We will not be liable when you lose your data or have it damaged or disrupted while you are using Questgis.com

          20. LAWFUL USE OF OUR WEBSITE

By using Questgis.com, you confirm that you will not bring into our website worms, trojans, viruses, logic bombs or any other stuff that is technologically harmful or malicious. When you violate this requirement, we will report any such incident to the relevant law enforcement agencies and provide them with information and data relating to you.

            21. INTELLECTUAL PROPERTY

All Intellectual Property (I.P) rights emanating from the use of our services vest in us.

You shall not in any way violate or infringe on our I.P rights. Any form of infringement on our I.P rights exposes you to legal proceedings at your peril. 

You hereby expressly grant us permission and license us to use, exploit or otherwise derive commercial gain from your I.P rights.

            22. 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 these Terms of Service. 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.

      23. OTHERS LEGAL NOTICES

There may be other legal instruments on other pages within Questgis.com which govern the way you use our website.

          24. FORCE MAJEURE

We will not be held responsible for our failure to observe these Terms of Service as a result of circumstances which we did not have reasonable control over.

   25. NO WAIVER OF RIGHTS

In case we fail or delay to enforce or exercise any of our rights under this Terms of Service, we will not be barred from enforcing or exercising that right at a later date.

       26. 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.

           27. AMENDMENT

Any Clause in this Terms of Service may be unilaterally amended by us at any moment, without notice. Ensure that you read our Terms of Service regularly to keep yourself familiar with the most recent version.

If you continue using Questgis.com after an amendment to the Terms of Service, it will be presumed that you have agreed to any such amendments.