LAST UPDATED ON APRIL 13, 2016
These terms of this User Agreement (as herein defined) apply to Your use of the website
located at
www.resma.co.ke (the "Site"). By accessing, browsing, crawling, scraping or in any way using
the Site, You
agree to the terms set forth in this User Agreement, the Resma Privacy Policy and all other
guidelines referenced
herein (collectively, the "User Agreement").
Resma is and shall at all times remain the exclusive property of Dyna Strategic Solutions
Ltd.
PLEASE READ THIS USER AGREEMENT CAREFULLY. YOUR USE OF THE SITE CONSTITUTES
YOUR ACCEPTANCE OF THIS USER AGREEMENT. DO NOT USE THE SITE IF YOU ARE
UNWILLING OR UNABLE TO BE BOUND BY THIS USER AGREEMENT.
1.DEFINITIONS.
- a) "User" is anyone who accesses, browses, crawls, scrapes or in any way uses the
Site.
- b) The terms "You", "Your" and "Yourself" refer exclusively to the User.
- c) The terms "We", "Us", "Our", and "Resma" refer exclusively to Resma.
- d) "Content" means text, images, photos, audio, video and all other forms of data or
communication.
- e) “Your Content" means Content that You submit or transmit to or through the Site, such
as ratings, reviews, compliments, invitations and information that You display as part
of Your account profile.
- f) "User Content" means Content that Users submit or transmit to or through the Site.
- g) "Resma Content" means Content that We create and make available on the Site.
- h) "Third Party Content" means Content that is made available on the Site by parties
other than Resma or its Users, such as data providers who license data to Resma for use
on the Site.
- i) "Site Content" means all of the Content that is made available on the Site, including
Your Content, User Content, Third Party Content, and Resma Content.
2.ELIGIBILITY.
a) You must be at least eighteen (18) years old and a resident of Kenya. All other persons are
prohibited from using the Site. If You use the Site on behalf of a company, entity or
organization, You represent that You are an authorized representative of such company, entity or
organization with the authority to bind it to this User Agreement (which authority You hereby
exercise). To the extent that You do not meet the eligibility requirements as set forth, Resma
may, at its sole discretion, elect to terminate Your account.
3.CHANGES TO THE USER AGREEMENT.
Resma may modify this User Agreement from time to time in without giving advance notice. When
changes are made, We will notify You by making the revised version available on the Site and
will indicate on the Site the date on which revisions were last made. You should revisit this
User Agreement on a regular basis, as revised versions will be binding on all Users. Any such
modification will be effective upon Our posting of new User Agreement. Your continued use of
the Site after any posted modification to this User Agreement indicates Your agree and intend to
be bound to the modified and/or restated User Agreement.
4.USER ACCOUNTS.
To use some of the features on the Site, You may be required to create an account and
provide information about Yourself to Us. You are responsible for maintaining the
confidentiality of Your account password. You are also exclusively responsible for all
activities that occur in connection with Your account. You agree to notify Us immediately of
any unauthorized use of Your account. We reserve the right to close Your account at any time
for any or no reason. There are four types of accounts:
- a) "Client Account " is an account for Your personal, non-commercial use only. In
creating a Client Account, We ask that You provide complete and accurate information
about Yourself to bolster Your credibility as a contributor to the Site. You may not
impersonate or provide an email address other than Your own, or create multiple Personal
Accounts.
- b) "Business Account” is an account to be used solely for the purpose of representing
Your business on the Site. In creating or updating a Business Account, You must be an
authorized representative of the business in question, and You must provide complete and
accurate information about Yourself and the business You represent. You may not provide
an email address that is not Your own or create multiple Business Accounts for the same
business. Additional terms associated with a Business Account are further set forth in
that certain “Resma Service Agreement”, which, additional terms, applicable to all
Business Accounts, are incorporated herein by reference.
- c) The other two accounts namely (Staff and Business manager) are created at the
business owners' discretion. Any activity carried out by a user charged with the above
mentioned accounts are limited to businesses which authority is granted by the business
owner. The business owner reserves the right to terminate any staff and /or business
manger accounts.
5.USE OF THE SITE.
We grant You permission to use the Site subject to the restrictions in this User Agreement.
In using the Site, You may be exposed to Content that is offensive, indecent, untruthful,
inaccurate, objectionable, defamatory or otherwise inappropriate. Resma does not endorse
such Content and as part and parcel of this User Agreement, specifically precludes all Users
from submitting or posting such to the Site. Contravening this clause may lead to closure of
accounts by Resma and a subsequent ban from using the site.
6.USE RESTRICTIONS.
You agree that you will not, and will not assist or enable others to:
- a) Use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment
of another person, or otherwise interfere with another User’s use of RESMA;
- b) Use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid
schemes, surveys, or other mass messaging that violate (a) above, whether commercial in
nature or not;
- c) Use the Site for promotional or commercial purposes, except as expressly allowed in
writing by Resma;
- d) Use the Site in a manner that may create a conflict of interest, such as trading
reviews with other business owners or writing or soliciting shill reviews;
- e) Use the Site for keyword spamming or to otherwise attempt to manipulate natural
search results;
- f) Use the Site to violate any third-party rights, including any breach of confidence,
copyright, trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right of any person or
entity;
- g) Use the Site to submit or transmit illegal content;
- h) Use the Site in violation of this User Agreement or any applicable law;
- i) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works
or adaptations of, publicly display, sell, trade, or in any way exploit the Site, or
Site Content (other than Your Content) or other User Content, except as expressly
authorized by Resma;
- j) Reverse engineer any portion of the Site, except as may be permitted under the law;
- k) Remove or modify any copyright, trademark or other proprietary rights notice on the
Site or on any materials printed or copied off of the Site;
- l) Record, process or mine information about other Users;
- m) Use any robot, spider, site search/retrieval application or other automated device,
process or means to access, retrieve, scrape or index the Site or any Site Content;
- n) Access, retrieve or index the Site to for purposes of constructing or populating a
search-able database of business reviews;
- o) Reformat or frame any portion of the Site;
- p) Attempt to gain unauthorized access to the Site, User accounts, computer systems or
networks connected to the Site through hacking, password mining or any other means; use
the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan
horses or other items of a destructive nature (collectively, "Viruses"); use any device,
software or routine that interferes with the proper working of the Site, or otherwise
attempt to interfere with the proper working of the Site; make excessive traffic
demands; use the Site to violate the security of any computer network, crack passwords
or security encryption codes; disrupt or interfere with the security of, or otherwise
cause harm to, the Site or Site Content; remove, circumvent, disable, damage or
otherwise interfere with any security-related features of the Site, features that
prevent or restrict the use or copying of Site Content, or features that enforce
limitations on the use of the Site; and make any untruthful or defamatory statements.
7.PERMISSION TO USE YOUR CONTENT.
Resma shall not use it's Users contact information nor allow anyone to advertise to other
businesses clients other than their own. We may use Your Content in a number of different
ways, including displaying it on the Site, reformatting it, incorporating it into other
works, creating derivative works from it, promoting it, distributing it and allowing others
to do the same in connection with their own websites and media platforms (collectively,
"Other Media"). As such, You grant Us a license to use Your Content for that purpose. You
also grant the Site’s Users and the Users of any Other Media the right to access Your
Content in connection with their use of the Site and any Other Media.
8.RESPONSIBILITY FOR YOUR CONTENT
You alone are responsible for Your Content. You assume all risks associated with Your
Content, including, but not limited to, anyone’s reliance on its accuracy, completeness or
usefulness, or any disclosure by You of information in Your Content that makes You
personally identifiable and liable. You represent that You own, or have the necessary
permissions to use, and authorize the use of, Your Content as described herein. You may not
imply that Your Content is in any way sponsored or endorsed by Resma. You may expose
Yourself to liability if, for example, Your Content violates any third-party right,
including, but not limited to, any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity or any other intellectual property or proprietary right;
contains material that is false, intentionally misleading, or defamatory; contains material
that is unlawful, including illegal hate speech or violates or advocates the violation of
any law or regulation.
9.USE OF CONTENT
We may remove or reinstate User Content from time to time at Our sole discretion. For
example, We may remove a review if We believe it violates this User Agreement. We have no
obligation to retain or provide You with copies of Your Content, nor do We make any
guarantees or representations concerning any confidentiality with respect to Your Content
however, Resma shall take all necessary and sufficient precautions to protect User’s
confidential information. Resma and its licensees may display advertisements and other
information adjacent to or included with Your Content on the Site and Other Media. You are
not entitled to any compensation for such advertisements. The manner, mode and extent of
such advertising are subject to change without specific notice to You.
10.SITE AVAILABILITY
We reserve the right to modify, update, or discontinue the Site at Our sole discretion, at
any time, for any or no reason, and without notice or liability.
11. UNAUTHORIZED ACCESS
We reserve the right to exercise whatever lawful means We deem necessary in order to prevent
unauthorized access to or use of the Site, including, but not limited to, technological
barriers, IP mapping and contacting Your Internet Service Provider (ISP) regarding such
unauthorized use.
12. INVESTIGATIONS
We are under no obligation to monitor the Site or Site Content. However, We reserve the
right to investigate possible violations of the User Agreement, block Users from the Site,
and refer matters to law enforcement authorities for further investigation. We may disclose
information to third parties, including Your Content, in accordance with the Privacy Policy.
13. TERMINATION
We may terminate or suspend Your account or ability to use the Site, in whole or in part, at
Our sole discretion, for any or no reason, and without notice or liability of any kind. For
example, We may terminate or suspend Your account or ability to use the Site if You breach
this User Agreement or are suspected of involvement in illegal activity. Any such
termination or suspension could prevent You from accessing Your account, the Site, Your
Content, Site Content or any other related information. You may terminate this User
Agreement at any time by closing Your account, discontinuing Your use of any and all parts
of the Site. If You close Your account, We will use commercially reasonable efforts to stop
displaying Your account profile on the Site, but may continue to display Your Content. In
the event of any termination, this User Agreement will continue in full force and effect,
including Our right to use Your Content.
14.OWNERSHIP
We own the Resma Content, including but not limited to visual interfaces, interactive
features, graphics, design, compilation, computer code, products, software, aggregate User
review ratings and all other elements and components of the Site excluding User Content and
Third Party Content. We also own the copyrights, trademarks, service marks, trade names and
other intellectual and proprietary rights throughout the world (the “IP Rights” associated
with the Resma Content and the Site, which are protected by copyright, trade dress, patent,
trademark laws and all other applicable intellectual and proprietary rights and laws. As
such, You may not modify, reproduce, distribute, create derivative works or adaptations of,
publicly display or in any way exploit any of the Resma Content in whole or in part except
as expressly authorized by Us. Except as expressly and unambiguously provided herein, We do
not grant You any express or implied rights, and all rights in and to the Site and the Resma
Content are retained by Us.
15.WARRANTIES, DISCLAIMERS, AND LIMITATIONS OF LIABILITY
The site and all site content is made available to you on an “ as is ” basis. Resma makes no
warranties, representations or conditions of any kind, express, statutory or implied as to;
- a) The operation and functionality of the site,
- b) The accuracy, integrity, completeness, quality, legality, usefulness, safety and IP
rights of any of the site content, including but not limited to the accuracy of business
reviews and business information listed on the site and/or,
- c) The products and services associated with the site or site content, including but not
limited to the products and services sold by businesses listed on the site.
Resma further disclaims all warranties, express, statutory or implied, including, but not
limited to, implied warranties of merchantability, merchantable quality, durability, fitness for
a particular purpose and/or non-infringement. No advice or information, whether oral or written,
that you obtain from Resma or the site shall create any warranty, representation or condition
not expressly stated herein.
Resma disclaims all liability for any;
- a) Indirect, special, incidental, punitive, exemplary, reliance or consequential
damages,
- b) Loss of profits,
- c) Business interruption,
- d) Loss of or damage to reputation of Resma or any third party, or
- e) Loss of information or data. Resma further disclaims all liability for any loss or
damage arising out of your use of the site and site content.
Your use of the site and site content is at your own discretion and risk, and you will be solely
responsible for any resulting loss or damage, including but not limited to, any loss of data or
damage to your computer(s) or networks from viruses that may be downloaded to your computer in
the course of using the site. Resma also disclaims any and all liability for any loss or damage
arising out of your communications or dealings with any of the businesses, advertisers or users
on the site. Your communications or dealings with such businesses, advertisers and users are
solely between you and them, though Resma reserves the right to monitor disputes between Users.
Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion
of implied warranties, or limitations on how long an implied warranty may last, so the above
limitations may not apply to You. If you reside in such a jurisdiction, the above limitations
shall apply to you to the fullest extent permitted under applicable law.
16.INDEMNITY
You agree to defend, indemnify and hold harmless Resma, its members, managers, subsidiaries,
affiliates, any related companies, suppliers, licensors and partners, and the officers,
directors, employees, agents and representatives of each of them, including costs,
liabilities and legal fees, from any claim or demand made by any third party due to or
arising out of:
- a) Your access to or use of the Site,
- b) Your violation of this User Agreement, or
- c) The infringement by You, or any third party using Your account, of any intellectual
property or other right of any person or entity.
Resma reserves the right, at Your expense, to assume the exclusive defense and control of any
matter for which You are required to indemnify Us and You agree to cooperate with Our defense of
these claims. You agree not to settle any matter without the prior written consent of Resma.
Resma will use reasonable efforts to notify You of any such claim, action or proceeding upon
becoming aware of it.
17.THIRD PARTIES
The Site may include links to other websites (each, a “Third Party Site”). We do not control
or endorse any Third Party Site, and You agree that We are not responsible for the
availability or contents of such Third Party Sites. You may not distribute, sell, rent,
sublicense or lease such Third Party Content, in whole or in part, to any third party; and
You may not use it for any other purpose other than Your personal, non-commercial use.
18.MISCELLANEOUS
- a) If there is any dispute about or involving the Site or Resma, such dispute shall be
governed by the laws of Kenya without regard to its conflict of law provisions. You
agree to personal jurisdiction by and venue in Kenya.
- b) No agency, partnership, joint venture or employment is created as a result of this
User Agreement, and You do not have any authority of any kind to bind Us in any respect
whatsoever.
- c) We may provide You with notices, including those regarding changes to this User
Agreement by email, regular mail or postings on the Site, in Our sole discretion.
- d) Except as otherwise stated nothing herein is intended, nor will be deemed, to confer
rights or remedies upon any third party.
- e) This User Agreement contains the entire agreement between You and Us regarding the
use of the Site, and supersedes any prior agreement between You and Us on such subject
matter. The parties acknowledge that no reliance is placed on any representation made
but not expressly contained in this User Agreement.
- f) Any failure on Our part to exercise or enforce any right or provision of this User
Agreement shall not constitute a waiver of such right or provision. The failure of
either party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further rights hereunder.
- g) If any provision of this User Agreement is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so that this
User Agreement shall otherwise remain in full force and effect and enforceable.
- h) This User Agreement is not assignable, transferable or sub licensable by You, except
with Resma’s prior written consent, but may be assigned or transferred by Us without
restriction. Any assignment attempted to be made by You in violation of this User
Agreement shall be void.
- i) The section titles in this User Agreement are for convenience only and have no legal
or contractual effect.
