Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.osl.co.ke website and the Forest Cover Change Detector Smart M.App application (the “Service”) operated by Oakar Services Ltd (“We, “Us,” “Our”)). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then do not access the Service. All materials on this Website are copyrighted and any unauthorized use may violate worldwide copyright, trademark, and other laws. Subject to the terms of this Agreement, Oakar Services Ltd. hereby authorize you to view information and purchase software, services on this Website and other merchandise that may or may not be available for purchase, download (collectively “Services”). In consideration of this authorization, you agree to retain all copyright and other proprietary notices contained therein. You may not modify the Services in any way or reproduce or publicly display, perform, or distribute or otherwise use them except as specifically authorized in a separate agreement with Oakar Services Ltd. You may not decompile, reverse engineer, or disassemble software except and only to the extent permitted by applicable law. Any unauthorized use of the Services on any other website or networked computer environment for any purpose is prohibited. The foregoing authorization specifically excludes content or material bearing a copyright notice or attribution of rights of a third party. Except as expressly provided, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent or trademark of Intergraph or any third party. If you breach any of these Terms, your authorization to use this Website automatically terminates. Upon termination, you will immediately destroy any downloaded or printed materials in your possession or control.
You agree to defend, indemnify, and hold harmless Oakar Services Ltd., its directors, employees, and agents from and against any and all claims, liabilities, damages, losses or expense, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of this Website, including, but not limited to, allegations of infringement by You of third parties intellectual property rights, and your compliance with the export compliance provisions of this Agreement
Limitation of Liability
In no event shall Oakar Services Ltd. be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, this website or the services purchased from this website.
Purchases and Subscriptions
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your identification, and primary contact information including addresses, telephone contact and email address.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring basis as per End User License Agreement signed upon purchase of subscriptions.
Use of Software
Software available on this Website is licensed and not sold. Use of software available on this Website is subject to the terms of the end user license agreement that accompanies the software. If you are purchasing the license on behalf of a company or other legal entity, you warrant that you are authorized to bind your agents or employees to the end user license agreement that accompanies the software. If you are purchasing the license on behalf of a company or other legal entity, you further agree to be responsible for any acts or omissions of those agents and employees which breach the terms of the end user license agreement. For greater clarity, as it pertains to the end user license agreement the license type for Oakar Services Ltd. owned software Your use within the Website is classified as “(CH) Cloud-Hosted.” You may not download, install or otherwise use any software that is accompanied by or includes an end user license agreement unless you have read and accepted the terms of such license agreement. Any such software is the copyrighted work of Oakar Services Ltd., its affiliates and/or other licensors as applicable.
Terms of Sale for Software
Software available for purchase on this Website may be subject to export control laws as provided in the end user license agreement with that software. You agree to comply with all applicable Kenyan and international laws and regulations that apply to you in relation to such software. You agree to provide current, complete and accurate billing and account information for all purchases made on this Website. You are responsible for updating your account and other billing or contact information as soon as possible so that we can process your orders as quickly as possible or contact you if necessary regarding your transaction. Payment is due immediately for all Services available for purchase from this Website. Prices shown on this Website are exclusive of all taxes or charges that may apply to your purchase. Because the Software is downloaded electronically or streamed to you, delivery charges do not apply to Software from this Website. Taxes and charges will be added to your order at the time of checkout and you will have the opportunity to review the taxes and other charges applicable to your order prior to completing your purchase. Orders will not be processed without a fully paid up license for Software. Prices and availability are subject to change without notice at the discretion of Oakar Services Ltd. Oakar Services Ltd reserves the right to refuse or reject an order at any time, refunding you the monies you have paid for the refused or rejected order for any reason, including, but not limiting to, your failure to pay or your payment cannot be processed or if the Services are not available, or for obvious errors on this Website regarding your order. In the event of an obvious error on this Website regarding your order, Oakar Services Ltd reserves the right to correct the error and charge you the correct price. For obvious errors, if necessary, Oakar Services Ltd will contact you and offer you the option of purchasing the Services at the correct price or canceling your order. Any refunds will be made in the same method of payment used to place the order.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Oakar Services Limited. Oakar Services Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Oakar Services Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Technical Support of Software
Support for Oakar Services Ltd software, and any other licensed software distributed by any of Our Technology Partners is available for software under a current subscription through this Website via telephone support or email support. Oakar Services Ltd. is not responsible for support for any third-party provided software or applications that may be available through this Website. The phone number for support is: 254-020-2715276/8321 and the email address for support is: email@example.com. Support hours for phone and email support are 8:00am – 5:00PM EAT (GMT +3). There is no guarantee that your problem or issue that you seek support for may be solved through technical support and there are no guarantees for incident response times unless you have a separate agreement with Oakar Services Ltd. that provides for incident response times. Oakar Services Ltd. will make available the current version and one version prior of the software for which you have current subscription.
Any material or information posted to this Website shall be deemed to be non-confidential and non-proprietary and Oakar Services Ltd shall have no obligation of any kind with respect to such information. Oakar Services Ltd shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, Oakar Services Ltd shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Third Party Privacy Policies
The use of some of the software and Services available from this Website is accessible only through third parties and not Oakar Services Ltd. and as such are subject to and your acceptance of the privacy policies of those third parties. When applicable and as required, Oakar Services Ltd. has provided such third party privacy policies in this section. If you do not or cannot agree to these terms and conditions for the use of those third party services, do not use these Services. Oakar Services Ltd. does not sell your information or for “spam” purposes.
If you have any questions about these Terms, please contact us.
The Managing Director
Oakar Services Limited
Mezzanine Floor, KUSCCO Centre,
Kilimanjaro Road, Upper Hill
Phone: (254) 20 – 2715276/27158321
Cell +254 708 895644/ 733 448255
©Copyright 2018 – Oakar Services Ltd.