Terms and Conditions
Effective Date: 15/01/2025
1. Introduction
Welcome to KaziQuest! These Terms and Conditions (‘Terms’) govern your use of our website, products, and services, including our HR, payroll, and applicant tracking system (ATS) solutions (collectively, the ‘Services’). By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Services.
2. Definitions
- ‘KaziQuest’, ‘we’, ‘us’, or ‘our’ refers to the KaziQuest organisation.
- ‘You’ or ‘your’ refers to the individual, company, or entity accessing or using our Services.
- ‘Services’ refers to all products, services, features, content, and functionalities offered by KaziQuest.
3. User Conduct and Responsibilities
This section outlines your responsibilities when using our Services and managing your user account.
- Use of Services
You agree to use our Services only for lawful purposes and in a manner that does not violate any applicable laws or regulations. Furthermore, you may not:
- Use the Services in any way that could harm, disable, overburden, or impair any KaziQuest server, or the network(s) connected to any KaziQuest server.
- Interfere with any other party’s use and enjoyment of the Services.
- Attempt to gain unauthorised access to any Services, other accounts, computer systems, or networks connected to any KaziQuest server, through hacking, password mining, or any other means.
- Use the Services to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
- Scrape, extract, or collect data from the Services without our express written consent.
- Reverse engineer, decompile, or disassemble any software used to provide the Services.
- Use the Services to compete with KaziQuest or to provide services to any third party without our express written consent.
- User Account
- Account Creation: To access certain features of our Services, you may need to create an account. You agree to provide accurate and complete information during registration and to keep your account information updated.
- Account Security: You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised access or use of your account.
4. Privacy and Data Protection
Your privacy is important to us. Our Privacy Policy, available at [insert direct link to your Privacy Policy], explains how we collect, use, and protect your personal data. By using our Services, you consent to the practices described in our Privacy Policy.
5. Payment and Billing
- Fees: If you subscribe to paid Services, you agree to pay all applicable fees as described on our website or in your subscription agreement.
- Billing: You agree to provide accurate and complete billing information and to update it promptly if there are any changes.
- Taxes: All fees are exclusive of any applicable taxes, including VAT or other sales taxes, which will be added to your invoice as required by law.
- Price Changes: We may modify our pricing from time to time. We will provide you with reasonable notice of any price changes.
6. Intellectual Property
- Ownership: The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by KaziQuest, its licensors, or other providers of such material and are protected by Kenyan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Limited Licence: These Terms permit you to use the Services for your personal or internal business purposes only. You must not reproduce, distribute, modify, create derivative10 works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on11 our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
7. Termination
- Termination by KaziQuest: We may suspend or terminate your access to our Services if you violate these Terms, engage in fraudulent, illegal, or harmful activities (including, but not limited to, attempting to introduce viruses or malware, engaging in denial-of-service attacks, or using the Services to harass or defame others), or for any other reason with 30 days’ prior written notice. We reserve the right to terminate your access without prior notice for any breach of these Terms that results in immediate harm to KaziQuest, our users, or any third party.
- Termination by You: You may terminate your account at any time by contacting us. Upon termination, your access to certain features of the Services may be restricted, and any outstanding fees or charges will remain payable. Upon termination of your account, we will retain your data for [period] as required by law or for legitimate business purposes, such as resolving disputes or enforcing our agreements, after which it will be securely deleted or anonymised.
8. Indemnity
You agree to indemnify and hold harmless KaziQuest, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including legal fees and expenses on a full indemnity basis) arising out of or relating to:
- Your use of the Services.
- Your breach of these Terms.
- Any third-party claims related to your actions while using the Services.
You agree to cooperate fully with KaziQuest in the defence of any such claim. This indemnity shall not apply to the extent that any claim, loss, damage, liability, cost, or expense is caused by the gross negligence or wilful misconduct of KaziQuest.
9. Limitation of Liability
To the fullest extent permitted by applicable law, KaziQuest will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorised access, use, or alteration of your transmissions or content.
10. Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts of Kenya.
11. Governing Law
These Terms and any action related thereto will be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of laws provisions.
12. Entire Agreement
These Terms constitute the entire agreement between you and KaziQuest relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and KaziQuest with respect to the Services.
13. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and KaziQuest’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
15. Notices
All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:
If to KaziQuest:
KaziQuest Limited
Attention: Legal Department
Studio House, 4th Floor, Argwings Kodhek Road Kilimani, P.O. Box 49264-00100 G.P.O, Nairobi
If to you:
To the email address you provide to KaziQuest during the registration process.
16. Changes to Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.