Terms of Service
Please read these terms carefully before using our website or services. By accessing questdesigners.com, you agree to be bound by these terms.
These Terms of Use constitute a legally binding agreement between you and Quest Website Developers Ltd concerning your access to and use of questdesigners.com and all related platforms.
01 Agreement to Terms
By accessing or using our website at questdesigners.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree with all of these terms, you are expressly prohibited from using the site and must discontinue use immediately.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the site after the date such revised Terms of Use are posted.
02 Intellectual Property Rights
Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.
The Content and the Marks are provided on the site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the site, you are granted a limited licence to access and use the site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the site, the Content, and the Marks.
03 User Representations
By using the site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You have the legal capacity and agree to comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the site for any illegal or unauthorised purpose.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site.
04 User Registration
You may be required to register with the site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
05 Prohibited Activities
You may not access or use the site for any purpose other than that for which we make it available. The site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us. As a user of the site, you agree not to:
- Systematically retrieve data or content from the site to create a collection, compilation, database, or directory without our written permission.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the site.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
- Harass, abuse, or harm another person using information obtained from the site.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Upload or transmit viruses, Trojan horses, or other material that interferes with the site.
- Engage in automated use of the system, such as scraping, data mining, or using robots.
- Attempt to impersonate another user or person or use the username of another user.
- Use the site as part of any effort to compete with us or otherwise use the site for any revenue-generating endeavour.
06 User Generated Contributions
The site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the site.
Contributions may be viewable by other users of the site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that your Contributions are not false, inaccurate, or misleading; do not infringe on any third party's rights; are not illegal, obscene, or otherwise objectionable; and do not violate any applicable law or regulation.
07 Contribution License
By posting your Contributions to any part of the site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise.
You retain ownership of your Contributions. However, by submitting Contributions, you grant us the rights described above. We are not liable for any statements or representations in your Contributions provided by you. You are solely responsible for your Contributions.
08 Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
09 Site Management
We reserve the right, but not the obligation, to:
- Monitor the site for violations of these Terms of Use.
- Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use.
- Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
- Remove from the site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
- Otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.
10 Privacy Policy
We care about data privacy and security. Please review our Privacy Policy. By using the site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the site is hosted in Kenya. If you access the site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Kenya, then through your continued use of the site, you are transferring your data to Kenya, and you agree to have your data transferred to and processed in Kenya.
11 Term and Termination
These Terms of Use shall remain in full force and effect while you use the site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses) to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.
We may terminate your use or participation in the site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.
Important: In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12 Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our site. We also reserve the right to modify or discontinue all or part of the site without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site. We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or errors.
13 Governing Law
These Terms shall be governed by and defined following the laws of Kenya. Quest Website Developers Ltd and yourself irrevocably consent that the courts of Kenya shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
14 Dispute Resolution
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the courts located in Kenya, and you and we hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
Notwithstanding the foregoing, we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country, or in the jurisdiction where your business is located.
15 Corrections
There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.
16 Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to the site and we will assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, unauthorised access to or use of our secure servers, interruption or cessation of transmission to or from the site, bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
17 Limitations of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us. Certain applicable laws may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
18 Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
- Your use of the site
- Breach of these Terms of Use
- Any breach of your representations and warranties set forth in these Terms of Use
- Your violation of the rights of a third party, including but not limited to intellectual property rights
- Any overt harmful act toward any other user of the site with whom you connected via the site
19 User Data
We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the site.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
20 Electronic Communications, Transactions, and Signatures
Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site.
21 Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the site.
22 Contact Information
In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:
Quest Website Developers Ltd
Kikuyu, Kiambu County 00902, Kenya
Other Legal Pages
Review all of our legal documents to understand your rights and our obligations.
Terms of Service
Terms governing the use of our website and services
Privacy Policy
How we collect, use, and protect your data
Cookie Policy
Information about cookies and tracking technologies
Refund Policy
Our refund and cancellation terms
Disclaimer
Limitations of liability and disclaimers
Questions about our policies? Contact us or email info@questdesigners.com