PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. THIS IS A CONTRACT BETWEEN YOU (THE USER) AND US (FUNERAL QUEST AFRIQUE). BY ACCESSING OR USING OUR WEBSITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS WEBSITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR WEBSITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2020.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact with Funeral Quest Afrique, also known as FuneralQuestAfrique.co.ke, located at 1st Floor Charismata Building, West Road Along Oginga Odinga Avenue, Opposite DnD House Nakuru, Kenya and our subsidiaries and affiliates, in association with the use of the Funeral Quest Afrique website, Funeral Quest Afrique Progressive Web App and other services, which includes FuneralQuestAfrique.co.ke and its blog and store, (the “Site”) and its Services, which shall be defined below:
DESCRIPTION OF WEBSITE SERVICES OFFERED
Funeral Quest Afrique is an internet resource providing information, advice and online services regarding funerals and other end-of-life matters. Products and Services offered on the Site and its Progressive Web App include: Funeral programs, Eulogy writing, Free obituaries, Blog, Funeral Ebook, Funeral Program Brochure and Boutique Funeral Store. Use of some of the service such as boutique store requires registration on the Site.
Any and all visitors to our site, regardless of whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made available through our website and application, which may include a mobile progressive web application and those applications that may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Funeral Quest Afrique. At its discretion, Funeral Quest Afrique may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
Funeral Quest Afrique does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Funeral Quest Afrique shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Products and Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Products and Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Funeral Quest Afrique shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
REGISTRATION OR SUBSCRIPTION
To register or subscribe and become a “member” of the Site, you must be at least 18 years of Age. In addition, you must be in good standing and not an individual that has been previously barred from receiving Funeral Quest Afrique’s Services under the laws and statutes of the Republic of Kenya or other applicable jurisdiction.
When you register, Funeral Quest Afrique may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Funeral Quest Afrique and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Funeral Quest Afrique will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Terms of Service (TOS), and as such refuse any and all current or future use of Funeral Quest Afrique Services, or any portion thereof.
CHILDREN UNDER 18
It is Funeral Quest Afrique’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Funeral Quest Afrique does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use the Site only with permission and guidance of a parent or guardian.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. You are responsible for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms of Service (TOS). It shall be your responsibility to notify Funeral Quest Afrique immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Funeral Quest Afrique shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Terms of Service (TOS).
As a user or member of the website, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by you through Funeral Quest Afrique Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Funeral Quest Afrique
Furthermore, you herein agree not to make use of Funeral Quest Afrique’s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Funeral Quest Afrique officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Funeral Quest Afrique’s Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Republic of Kenya and Gazetted Kenyan Law.
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the Republic of Kenya government as a “foreign terrorist organization” in accordance with both Kenyan Law and International Law.
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Funeral Quest Afrique herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Funeral Quest Afrique herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms of Service;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Funeral Quest Afrique its visitors, users and members, including the general public.
Funeral Quest Afrique herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Funeral Quest Afrique or any other content providers supplying content services to Funeral Quest Afrique. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
The Service is controlled, operated and administered by Funeral Quest Afrique from our offices within Nakuru, Kenya. If you access the Service from a location outside Kenya, you are responsible for compliance with all local laws. You agree that you will not use the Funeral Quest Afrique content accessed through www.funeralquestafrique.co.ke in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
CONTENT PLACED OR MADE AVAILABLE FOR THE WEBSITE
You hereby grant and allow for Funeral Quest Afrique the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Funeral Quest Afrique’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Funeral Quest Afrique’s website, and shall terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Funeral Quest Afrique’s website, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Funeral Quest Afrique’s website and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Funeral Quest Afrique’s website, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Funeral Quest Afrique’s website are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. Also any information sent through our email
(firstname.lastname@example.org) as well as information sent through the Contact Us Page on the website. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.
USER FEEDBACK TO WEBSITE
a) By posting, uploading, inputting, providing or submitting your feedback through our communication channels through our website you are granting Funeral Quest Afrique, our affiliated partners and necessary sublicensees permission to use your Feedback to in connection with the operation of Funeral Quest Afrique’s business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Feedback; and to publish your name in connection with your Feedback;
b) Your feedback do not contain any type of confidential or proprietary information;
c) Funeral Quest Afrique shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any feedback;
d) Funeral Quest Afrique shall be entitled to make use of and/or disclose any such feedback in any such manner as they may see fit;
e) Funeral Quest Afrique is under no obligation to post or use any feedback you may provide and may remove any feedback at any time in Funeral Quest Afrique’s sole discretion.
f) Funeral Quest Afrique is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
NOTE: Feedback does not include any personal information, images, documents or materials.
All users and/or members herein agree to insure and hold Funeral Quest Afrique, our subsidiaries, affiliates, agents, employees, officers, partners, third party service providers and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable legal fees made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Funeral Quest Afrique Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Funeral Quest Afrique’s website.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Funeral Quest Afrique may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Funeral Quest Afrique, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Funeral Quest Afrique’s web service on the member’s behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Funeral Quest Afrique has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Funeral Quest Afrique shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Funeral Quest Afrique shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of Funeral Quest Afrique, you may cancel or terminate your account or any subscribed services, associated email address and/or access to our Services by submitting a cancellation or termination request via email to email@example.com.
As a member, you agree that Funeral Quest Afrique may, without any prior written notice and for any reason, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall be for any reason including, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your funeralquestafrique.co.ke account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with Funeral Quest Afrique shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within funeralquestafrique.co.ke;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Funeral Quest Afrique shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Funeral Quest Afrique or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Funeral Quest Afrique shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
This TOS constitutes the entire agreement between you and Funeral Quest Afrique and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Funeral Quest Afrique Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Funeral Quest Afrique Services, affiliate Services, third-party content or third-party software.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by withholding the Kenyan Arbitration Act, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Kenyan Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Funeral Quest Afrique fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this Terms of Service to Funeral Quest Afrique as follows:
Location: 1st Floor Charismata Building, West Road Along Oginga Odinga Avenue, Opposite DnD House Nakuru, Kenya
Telephone: 0732 510 414/ 0101 510 414