Terms of Use of the Website
[www.mokass.com]
August 2019
1. Introduction
1.1 By continuing to browse and using www.mokass.com (hereafter referred to as “Our Website”), you are agreeing to comply and be bound by the Terms of Use of Our Website together with its Privacy Policy and Our Cookie Policy.
1.2 The Terms of Use, Our Privacy Policy and Cookie Policy(Hereafter referred to as “Our Terms”) govern our relationship with you and other Registered User on Our Website.
1.3 If you do not agree with any part of Our Terms, please do not use Our Website.
1.4 The terms “Mo’Kass Ltd”, “Us” or “We” refers to Our Company which is has its registered address at Malakoff Road, Vacoas. Our Company has its registration place at Malakoff Road, Vacoas and Company Number C164858.
1.5 The terms “You” or “Your” refers to you the user or viewer of the website.
1.6 The terms “Registered User” refers to other users of Our Website who have sign up for a user account on Our website. The term “Registered User” includes users of Our Website at the time that You agree to Our present Terms.
1.7 The terms “Registered User” also refers to any future User that may sign up and use Our Website.
2.Purpose
2.1 The Content of Our Website is for general information and use to hire the services of Our Company only. The contents of Our Website are subject to change without notice.
2.2 The information provided on Our website is dependent SOLELY upon the input of data by Registered Users. The Company takes no responsibility for the action of its Users/Registered Users or the information that are added on Our Website by the Registered Users.
2.3 The Company takes reasonable steps to ensure that the information provided is genuine and up to date but same cannot be guaranteed under any circumstances. All liability with regards to any information provided/added on Our Website rests SOLELY on the Registered User who added the information to Our Website.
2.4 The services provided by the website are
- The ability to add a person’s name to our database. THE ADDITION OF THE PERSON’S NAME IS SUBJECT TO YOU EXPRESSLY AGREEING TO SECTION 7 OF OUR TERMS.
- The ability to search our database subject to You creating an account on Our Website and having the requisite First Name, Last Name and National Identity Number of the Person you wish to search for AND YOU EXPRESSLY STATE HAVING HIS WRITTEN PERMISSION AND CONSENT PRIOR TO EFFECTING THE SEARCH. YOU HEREBY EXPRESSLY AGREE HAVING READ SECTION 6 AND MORE SPECIFICALLY SECTION 6.8 AND 6.9 OF THE PRESENT TERMS AND AGREEING TO SAME.
- The ability to hire Our Company to recover the amount from the person you wish. YOU HEREBY EXPRESSLY AGREE TO THE TERMS OF THE SERVICE RETENTION AGREEMENT.
3.Copyright
3.1 All content, databases, graphics, buttons, icons, logos, layouts and look & feel are Our copyright, unless expressly acknowledged as otherwise.
3.2 The data mining, extraction or utilisation of product information from Our website is not permitted without our express prior written permission.
4. Links to External Sites
4.1 Links to external sites such as links to Our Facebook page, LinkedIn page or Twitter page are provided for ease of reference and to facilitate staying connected to Our website.
4.2 These external websites have their own Terms of Use, Cookie Policy and Privacy Policy. You use these External Websites at your own risks. We accept no liability for Your use of these External Websites by accessing the pages through Our Website. You are advised to read their Terms of Use, Cookie Policy and Privacy Policy prior to using these External Websites.
5. Information Collected and Privacy Policy
5.1 The information collected on Our Website are Your names, Your email address, Your National Identity Card Number, Your Address and Your Company(if any) that has been used to sign up on Our Website. You are optionally allowed to upload a profile picture.
5.2 These information are kept on the servers for a period of 50 years. We collect and keep these information in order to be able to contact You if ever the need arises or some malicious or fraudulent or in any way defamatory information about another person has been uploaded by You to Our website.
5.3 For further information regarding the use of the data collected from You, kindly see our Privacy Policy.
5.4 We take the protection of Your Personal Data very seriously. We undertake to never sell or share Your Personal with another company without Your express consent.
5.5 We take every reasonable step to protect Your Personal data against malicious hacking or unauthorised access but We cannot guarantee against every possible malicious attack. You thereby agree to waive any claim against Us in case of Your Personal Data being distributed through events which are outside of Our Control.
5.6 All Information uploaded by You through our ‘Add a Name’ feature that can be encrypted, without affecting the functionality of the website, are encrypted in order to protect the data.
6. Liability
6.1 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge and expressly agree that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6.2 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website meet Your specific requirements and You ascertain its correctness and accuracy before being used by You or any person affiliated to You.
6.3 All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
6.4 The Company accepts no responsibility for any damages that you may suffer as a result of damage to or the loss of confidentiality of your information. The Company excludes all liability for contamination or damage caused by virus or electronic transmission.
6.5 All indirect, consequential or special losses or damage are all excluded.
6.6 Nothing in these Terms shall exclude or limit liability for (i) fraud; (ii) misrepresentation as to a fundamental matter; or (iii) any liability which cannot be excluded or limited under the law of Mauritius where the (i)Fraud, (ii) Misrepresentation as to a fundamental matter, has been done by Our Company.
6.7 All other losses or damages not reasonably foreseeable at the time of the contract between You and Us are also excluded.
6.8 IN THE CASES MENTIONED IN SECTION 6.5, YOU EXPRESSLY AGREE THAT OUR LIABILITY WILL BE LIMITED TO Rs 2,500.
6.9 IN ALL OTHER CASES, OUR LIABILITY IF PRESENT AND DETERMINED AS PER SECTION 11 OF THE PRESENT AGREEMENT WILL BE LIMITED TO Rs 1,000.
7. Submitting information for publication
7.1 By submitting any material to Our Company for publication through the use of Our website you do so in the knowledge that The Company may copy, use, modify, distribute or create a derivative work from that content in any form.
7.2 YOU WARRANT THAT THE MATERIAL IS FIT FOR PUBLICATION AND CORRECT AND AGREE TO INDEMNIFY THE COMPANY IF ANY THIRD PARTY TAKES ACTION AGAINST OUR COMPANY IN RELATION TO THE MATERIAL THAT YOU SUBMIT.
7.3 You warrant that You believe Our Company and Our Website may publish the material you submit and/or make use of it or any concepts described in it on Our Website or and for Our services without liability and you agree not to take action against Our Company in relation to it.
7.4 Our Company does not audit or verify the truth or accuracy of any such information. You agree that Our Company shall have the right to disclose Your identity to any third party who is claiming that any material posted or uploaded by you to the website constitutes a violation of their rights or of their right to privacy.
8. Anti-hacking provision
8.1 You expressly agree not to:
- Use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "data-mining", "computer code", or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes, or functionality, to access, acquire, copy, or monitor any portion of the website, any data or content found on or accessed through Our Website or any other content without the prior express written consent of Our Company;
- Obtain or attempt to obtain through any means any materials or information on Our Website that have not been intentionally made publicly available, either by their public display on Our Website or through their accessibility by a visible link;
- Violate the restrictions in any robot inclusion headers on this website or in any way bypass or circumvent any other measure employed to limit or prevent access to Our Website or its content;
- Violate the security of Our Website or attempt to gain unauthorised access to Our Website, data, materials, information, computer systems or networks connected to any of Our Company’s server, through hacking, password mining or any other means;
- Interfere or attempt to interfere with the proper working of Our Website or any activities conducted on or through Our Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public;
- Take or attempt any action that, in the sole discretion of Our Company, imposes or may impose an unreasonable or disproportionately large load or burden on Our Website or The Company’s infrastructure.
9. Indemnity & injunction
9.1 You agree to indemnify and hold harmless Our Company, all of its affiliated companies and subsidiaries and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’, Barristers’ and professionals' fees and court costs) arising out of any third party claims based on or related to Your use of Our website or any breach by You of Our Terms.
9.2 You agree that damages may not be an adequate remedy for the breach of Our Terms or the infringement of any of Our rights and accordingly agree that We are entitled to injunctions, specific performance, and/or orders to deliver up documents.
10. Site Uptime
10.1 We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.
10.2 This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond Our control. Where possible we will try to give Our visitors advance warning of maintenance issues but shall not be obliged to do so.
11. Variation of Terms
11.1 We reserve the right to vary these terms & conditions at any time, without giving notice to You. Such varied terms and conditions shall automatically apply to the use of Our Website from the date of publication on Our Website.
12. Entire Agreement
12.1 These terms & conditions set out the entire agreement and understanding between You and Us.
13. Severability
13.1 The paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of these Terms & Conditions or paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
14. Disputes
14.1 You agree that any and all dispute arising out of or in relation to the Terms will be referred for Expert Determination whereby the one Independent Expert will be appointed to determine the dispute.
14.2 We will suggest the name of 3 Independent Experts whereby You will be given the choice to select one to determine the Dispute.
14.3 You agree that the determination of the Independent Expert will be final and binding on all the parties. You further agree that the determination of the Expert will not be subject to any form of appeal in any Court in any jurisdiction.
14.4 You agree to bear equally the cost associated with the dispute.
15. Update and/Or Removal of Data
15.1 You agree that We may communicate the name of Your details to any person you added and who made a complaint that his/her name has been wrongly added to Our Website.
15.2 You further agree to resolve the dispute and update Us of the outcome so We may take the necessary steps to either update the status or remove the person from the records of Our
Website
16. Complaints
16.1 Complaints by any User of Our Website shall be directed to complaints@mokass.com.
16.2 We undertake to communicate you, the Complainant the name and contact details that We have of the Person/Registered User in the eventuality that the latter added your name to the Records of Our Website so that you may resolve your dispute with the Registered User.
16.3 You, the Complainant undertake to inform us of the Outcome of the dispute so that we may take the Remedial Action to either update or remove your record from Our Website.
16.4 You, the Complainant understand and agree that your record will only be updated or removed as necessary once the outcome has been confirmed by the Registered User.
16.5 You, the Complainant understand and agree that any action should be directed towards and against the Registered User.
17. Governing Law
17.1 The present Agreement is governed by the Laws of Mauritius.