Alatpres Technologies Ltd (“ATL”) is the author and operator of the website www.alatpres.com and Alatpres mobile App and other associated platforms here collectively referred to as (‘’Alatpres solutions’’)
1. NATURE AND APPLICABILITY OF TERMS
The Agreement applies to you whether you are –
A Public safety provider (whether an individual professional or an organization) or similar institution wishing to use, be listed, or already listed on ‘Alatpres Solutions’ , including designated, authorized associates of such safety provider or institutions ,”you” or “User”); or A individual and/or organization , his/her/its representatives or affiliates, searching for services through ‘’Alatpres solutions ‘ (“End-User”, “you” or “User”); or otherwise a user of the Website and App platform (“you” or “User”).
This Agreement applies to those services made available on ‘’Alatpres solutions ‘, which are offered for free or charged to the Users (“Services”), including the following:
For Public Safety Providers/Partners : Listing of their services,products,profiles and contact details, to be made available to the other Users and visitors of ‘’Alatpres solutions ‘;
For other Users(individuals, businesses and other organizations): (a)To create and maintain ‘User Accounts’, (b) access and use various services that may be developed and made available by ATL, and.
The Services may change from time to time, at the sole discretion of ATL, and the Agreement will apply to your visit to and your use of ‘’Alatpres solutions ‘to avail the Service, as well as to all information provided by you on the Website at any given point in time.
This Agreement defines the terms and conditions under which you are allowed to use the Website and other platforms and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at firstname.lastname@example.org.
By downloading or accessing ‘’Alatpres solutions ‘to use the Services, you irrevocably accept all the conditions stipulated in this Agreements available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of ‘’Alatpres solutions ‘to avail the Services. By accessing or providing any Service, you signify your acceptance of the terms of this Agreement.
We reserve the right to modify or terminate any section of the Agreement for any reason and at any time. You should read the Agreement at regular intervals. Your use of ‘’Alatpres solutions ‘following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. You acknowledge that you will be bound by this Agreement in availing and providing any of the Services and accessing any service offered by us. If you do not agree with any part of the Agreement, please do not use ‘’Alatpres solutions ‘ or provide any service.
Your access to use of ‘’Alatpres solutions ‘will be solely at the discretion of ATS. The Agreement is published in compliance of, and is governed by the provisions of Kenyan law
2. CONDITIONS OF USE
You must be 16 years of age or older to register, use the Services, or visit or use ‘’Alatpres solutions ‘in any manner. By registering, visiting and using ‘’Alatpres solutions ‘ or accepting this Agreement, you represent and warrant to ATS that you are 16 years of age or older, and that you have the right, authority and capacity to use ‘’Alatpres solutions ‘available through its platforms, and agree to and abide by this Agreement.
A. END-USER ACCOUNT AND DATA PRIVACY
- ATS may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of ATS’s services and to build new services.
- ‘’Alatpres solutions ‘ allows ATS to have access to registered Users’ personal email or phone number, for communication purposes , obtaining feedback, and in relation to the partners and integrated service providers.
- ATS shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to ATS or to any other person acting on behalf of ATS or to any of our partners and integrated service providers.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on ‘’Alatpres solutions ‘. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify ATS of any actual or suspected unauthorized use of the User’s account or password. Although ATS will not be liable for your losses, damage or misuse caused by any unauthorized use of your account, you may be liable for the losses of ATS or such other parties as the case may be, due to any unauthorized use of your account.
- If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ATS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,ATS has the right to discontinue the Services to the User at its sole discretion without any prior notice to the user.
- ATS may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
B. LISTING of Services
Listing of partner and other service provider’s services may or may not follow any particular order. This does not show any ranking or endorsement by ATS.
C. LISTING CONTENT AND DISSEMINATING INFORMATION
- ATS collects, directly or indirectly, and displays on the Website and mobile APP, relevant information regarding the profile and services of the service providers , such as their services,contact details. fees, location, and similar details. ATS takes reasonable efforts to ensure that such information is updated at frequent intervals. Although ATS screens and vets the information submitted by the users, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
- The Services provided by ATS or any of its partners or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). ATS does not provide or make any representation, warranty or guarantee, express or implied about ‘’Alatpres solutions ‘. ATS does not guarantee the accuracy or completeness of any content or information provided by Users on ‘’Alatpres solutions ‘. To the fullest extent permitted by law, ATS disclaims all liability arising out of the User’s use or reliance upon ‘’Alatpres solutions ‘, representations and warranties made by other Users, the content or information provided by the Users of ‘’Alatpres solutions ‘, or any opinion or suggestion given or expressed by ATS or any User in relation to any User or services provided by such User.
- ‘’Alatpres solutions ‘may be linked to the websites and platforms of third parties, affiliates and business partners. ATS has no control over, and not liable or responsible for content, accuracy, safety, validity, privacy, reliability, quality of such websites and platforms made available by/through ‘’Alatpres solutions ‘. Inclusion of any link on the Website and mobile APP does not imply that ATS endorses the linked site. User may use the links and these services at User’s own risk.
- ATS assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website and using the mobile App or the downloading of any material, data, text, images, video content, or audio content from the Website and APP. If a User is dissatisfied with the Website and or mobile App, User’s sole remedy is to discontinue its usage.
- If ATS determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, ATS reserves the right to immediately suspend your access to its services or any of your accounts with ATS and may make such declaration on the website alongside your name/your Company’s name as determined by ATS for the protection of its business and in the interests of Users. You shall be liable to indemnify ATS for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected ATS or its Users.
D. REQUESTING SERVICES AND INTERACTION WITH SERVICE PROVIDERS
- While ATS will try to ensure requests for services are successful for an End-User who requested a service on ‘’Alatpres solutions ‘, ATS does not guarantee that such requests will be successful and that a End-User will get the service as requested. Further, ATS has no liability if such request is successful but not provided as expected.
- You understand and agree that any interactions and associated issues with other Users including but not limited to information about your health,safety,location and other personal data and experiences is strictly between you and the other Users. You shall not hold ATS responsible for any such interactions and associated issues. For avoidance of doubt, ATS is not involved in providing any emergency response, any other service, product and hence is not responsible for any outcome between you and the provider you interact with, pursuant to any interactions on ‘’Alatpres solutions ‘. If you decide to engage with a service or response provider to provide any services to you, you do so at your own risk. ATS shall not be responsible for any breach of service or service deficiency by any service/response provider. We cannot assure nor guarantee the ability or intent of the service/response providers to fulfill their obligations towards you. We advise you to perform your own diligence prior to selecting a Provider.
The service charges indicated for each service provider is an average cost and a provider is able to change this at their will without prior notice. Any Payment issues related to provider services and any other third party shall be pursued directly to the recipient of such payment.
- ATS will not be liable for: – Any wrong medication/ treatment quality /delays/misinformation/inefficiencies arising from any of our service providers and or any type of inconvenience suffered by the User due to a failure on the part of the service provider to provide agreed services or Any misconduct or inappropriate behavior by the service provider or the Provider’s staff or Any medical eventualities that might occur subsequent to using the services of a Provider, whom the User has selected on the basis of the information available on ‘Alatpres solutions’
- Further, ATS shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at ATS’s sole discretion and may be modified or withdrawn at its sole discretion. ATS may moderate such feedback at any time. ATS shall not be obliged to act in any manner to give effect to the content of Users’ feedback.
- The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an appropriate first responder directly.
- As a User, you understand that, ATS is not a medical service provider, nor is it involved in providing any first response services, it shall hence not be responsible for any outcome from the engagement between the User and the response service providers. If you decide to engage with a response service provider to procure medical services to you or any other response service , you shall do so at your own risk. ATS shall not be responsible for any breach of service or service deficiency by any Provider.
E. CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
- The contents listed on ‘Alatpres Solutions’ are (i) User generated content, or (ii) belong to ATS. The information that is collected by ATS directly or indirectly from the End- Users and the service providers shall belong to ATS. Copying of the copyrighted content published by ATS on ‘Alatpres Solutions’ for any commercial purpose or for the purpose of earning profit will be a violation of copyright and ATS reserves its rights under applicable law accordingly.
- ATS authorizes the User to view and access the content available on or from the ‘Alatpres Solutions ‘solely for requesting services and communicating only as per this Agreement. The contents of the Website, mobile app,information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on Alatpres Solutions (collectively, “ATS Content”), are the property of ATS and are protected under copyright, trademark and other laws. User shall not modify the ATS Content or reproduce, display, publicly perform, distribute, or otherwise use the ATS Content in any way for any public or commercial purpose or for personal gain.
F. REVIEWS AND FEEDBACK
By using this ‘Alatpres Solutions’, you agree that any information shared by you with ATS or with any service provider will be subject to our Terms.
You are solely responsible for the content that you choose to submit for publication on ‘Alatpres Solutions’, including any feedback, ratings, or reviews (“Critical Content”) relating to service providers or other ATS partners. The role of ATS in publishing Critical Content is restricted to that of an ‘intermediary’ under the Kenya Communication (Amendment) Act 2008.. ATS disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. ATS shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.
You agree that ATS may contact you through email, SMS, or any other electronic means of communication for the purpose of: Obtaining feedback in relation ‘Alatpres Solutions’ or ATS’s services; and/or Obtaining feedback in relation to any service provider listed on the ‘Alatpres Solutions’; and/or Resolving any complaints, information, or queries by service providers regarding your Critical Content; and you agree to provide your fullest co-operation further to such communication by ATS.
G. USER RECORDS
- Information available in your Records is of two types:
User-created: Information uploaded by you or information generated during your interaction with ATS ecosystem.
- Your Records is only created after you have signed up and explicitly accepted these Terms.
- Any Service Provider-created Record is provided on an as-is basis at the sole intent, risk and responsibility of the service provider and ATS does not validate the said information and makes no representation in connection therewith. You should contact the relevant Practitioner in case you wish to point out any discrepancies or add, delete, or modify the Record in any manner.
- The user Records are provided on an as-is basis. While we strive to maintain the highest levels of service availability, ATS is not liable for any interruption that may be caused to your access of the Services.
- it is your responsibility to keep your correct mobile number and email ID updated in the Records. ATS is not responsible for any loss or inconvenience caused due to your failure in updating the contact details with ATS.
- ATS uses industry–level security and encryption to your Records. However, ATS does not guarantee to prevent unauthorized access if you lose your login credentials or they are otherwise compromised. In the event you are aware of any unauthorized use or access, you shall immediately inform ATS of such unauthorized use or access. Please safeguard your login credentials and report any actual suspected breach of account to email@example.com.
- In case you want to delete your Records, you can do so by contacting us via firstname.lastname@example.org. However only your account and any associated Records will be deleted, and your Records stored by your service providers will continue to be stored in their respective accounts.
- You may lose your “User created” record, if the data is not synced with the server.
- ATS has the ability in its sole discretion to retract records without any prior notice if they are found to be shared incorrectly or inadvertently.
- ATS will follow the law of land in case of any constitutional court or jurisdiction mandates to share the user Records for any reason.
- You agree and acknowledge that ATS may need to access your Record for cases such as any technical or operational issue of the End User in access or ownership of the Records.
- You acknowledge that the service providers you are visiting may engage ATS’s software or third party software for the purposes of the functioning of the service provider’s business and ATS’s services including but not limited to the usage and for storage of Records.
- To the extent that your Records have been shared with ATS or stored on any of the ATS products used by service providers you are seeking services, and may in the past sought services, You hereby agree to the storage of your Records by ATS pertaining to such previously accessed-‘/
- services ties up with ATS for the purposes of their business and for ATS’s services including but not limited to the usage and for storage of Records . In accordance with the applicable laws and further agree, upon creation of your account with ATS, to the mapping of such Records as may be available in ATS’s database to your User account.
The terms in this Clause 4 are applicable only to (“service providers’’)
A. LISTING POLICY
- ATS, directly and indirectly, collects information regarding service providers’ profiles, contact details, services provide, location and service costs. ATS reserves the right to take down any “service providers’’ profile as well as the right to display the profile of the “service provider’’, with or without notice to the concerned service provider. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform ATS immediately to enable ATS to make the necessary amendments.
- ATS reserves the right to moderate the suggestions made by the service providers through feedback and the right to remove any abusive or inappropriate or promotional content added on Alatpres solutions. ATS shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of service providers’s are added to Alatpres solutions.
- ‘’Service providers ‘’explicitly agree that ATS reserves the right to publish their engagement with ATS and the Content provided by ‘’service providers ‘’to a third party including media and content platforms.
- You as a ‘’service provider’’ hereby represent and warrant that you will use the Services and ‘’Alatpres solutions’ in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and ATS accepts no liability for the same.
B. PROFILE OWNERSHIP AND EDITING RIGHTS
ATS reserves the right of ownership of all the ‘’service provider’s” profile and to moderate the changes or updates requested by ‘’service providers”. However, ATS takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law for all content provided by you as part of your profile or otherwise while using ATS’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, ATS may modify or delete parts of your profile information at its sole discretion with or without notice to you.
5 . ATS REACH RIGHTS
ATS reserves the rights to display sponsored ads on the ‘Alatpres solutions’. Without prejudice to the status of other content, ATS will not be liable for the accuracy of information or the claims made in the Sponsored ads. ATS does not encourage the Users to visit the Sponsored ads page or to avail any services from them. ATS will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and ATS accepts no liability for the same.
6. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
- ATS hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that: belongs to another person and to which the User does not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights; violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of Kenya, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- Users are also prohibited from:
Violating or attempting to violate the integrity or security of ‘Alatpres Solutions’ or any ATS Content; transmitting any information (including job posts, messages and hyperlinks) on or through the ‘alatpres solutions’ that is disruptive or competitive to the provision of Services by ATS; intentionally submitting on ‘alatpres solutions’ any incomplete, false or inaccurate information; making any unsolicited communications to other Users; using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search ‘alatpres solutions’; attempting to decipher, decompile, disassemble or reverse engineer any part of our solutions; copying or duplicating in any manner any of the ATS Content or other information available from our solutions; framing or hot linking or deep linking any ATS Content. circumventing or disabling any digital rights management, usage rules, or other security features of ‘alatpres solutions’.
- upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses above. ATS shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
- ATS may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. ATS is only permitted to transfer sensitive personal data or information including any information, to any other body corporate or a person in Kenya or located in any other country, that ensures the same level of data protection that is adhered to by ATS., only if such transfer is necessary for the performance of the lawful contract between ATS or any person on its behalf and the User or where the User has consented to data transfer. ATS respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
- ATS reserves the right to suspend or terminate a User’s access to ‘Alatpres solutions’ with or without notice and to exercise any other remedy available under law, in cases where, Such User breaches any terms and conditions of the Agreement; A third party reports violation of any of its right as a result of your use of the Services; ATS is unable to verify or authenticate any information provide to ATS by a User; ATS has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or ATS believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for ATS or are contrary to the interests of ‘Alatpres solutions’.
- Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use ‘Alatpres solutions ‘under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on ‘Alatpres solutions’ by such User.
8. RETENTION AND REMOVAL
ATS may retain such information collected from Users from ‘Alatpres solutions’ for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information;
9. APPLICABLE LAW AND DISPUTE SETTLEMENT
- You agree that this Agreement and any contractual obligation between ATS and User will be governed by the laws of Kenya.
- Disputes shall be resolved by mutual negotiation and agreement between the Parties. If the dispute has not been settled pursuant to the amicable settlement process within fourteen (14) days or such longer period as may be agreed upon between the Parties from when the amicable settlement process was instituted, any Party may elect to commence arbitration. Such arbitration shall be referred to arbitration by a single arbitrator to be appointed by agreement between the Parties or in default of such agreement within fourteen (14) days of the notification of a dispute, the arbitrator shall be appointed upon the application of either Party, by the Chartered Institute of Arbitrators (Kenya Chapter) (the “Institute”). Such arbitration shall be conducted in Nairobi, Kenya in accordance with the Rules of the Institute. To the extent permissible by Law, the determination of the Arbitrator shall be final, conclusive and binding upon the Parties hereto. Pending final settlement or determination of a dispute, the Parties shall continue to perform their subsisting obligations hereunder. Nothing in this Agreement shall prevent or delay a Party seeking urgent injunctive or interlocutory relief in a court having jurisdiction.
10.CONTACT INFORMATION GRIEVANCE OFFICER
10.1If a User has any questions concerning ATS, ‘Alatpres solutions’, this Agreement, the Services, or anything related to any of the foregoing, ATS customer support can be reached at the following email address: email@example.com or via the contact information page available on the website: www.alatpres.com
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by ATS. Any consent by ATS to, or a waiver by ATS of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.