DreamWaks Limited Terms and Conditions of Use
These Terms and Conditions (the "Agreement") establish the Terms and Conditions for the contractual relationship between the Company and you as a user of the information the Company provides and as a user of the information platform (www.m-waks.com ). By using or accessing the data or the platform, you agree to this agreement, as updated from time to time. Please note that we reserve the right to change the terms of this Agreement at any time with reasonable notice. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
Our Role and Responsibility
DreamWaks (hereinafter referred to as the "the Company") is a trading name of DreamWaks Ltd, a company registered under the laws of Kenya whose registered address is: Queensway House 5th floor Standard street P.O BOX 72149-00200 Nairobi . Our responsibility is to collect and compile data to provide information in accordance with this Agreement. Dreamwaks (hereinafter referred to as the "the Company") is a trading name of Dreamwaks Ltd, a company registered under the laws of Kenya whose registered address is:Mitsumi Business Park 5th floor Muthithi Road P.O BOX 72149-00200 Nairobi.Our responsibility is to collect and compile data to provide information and to avail the mwaks.com platform in accordance with this Agreement.
The Terms shall apply to use or access of the information via Mobile services and all other media/electronic platforms which references to your use of mobile and other web access devices. It is important that you make yourself aware of these Terms and Conditions as a user.
These Terms and Conditions are categorized for ease of reference and understanding.Reference to "you", "your" or the "user" or the "consumer"is reference to any person using the Company information platform. Reference to "the Company", "us", "our" "we" is reference to Dreamwaks Ltd and or its successor and assigns. Reference to the "service" is reference to the information that the user accesses when they access the "website" is reference to www.dreamwaks.com and or www.m-waks.com .
Part I: Use of the Mobile Phone Platform, Website and Services
You may only access and use the Services through the mobile platform or Website and always in strict accordance with this Agreement. You agree that the company may send your premium subscription SMS alerts on a periodic basis as part of its service offering.
You will be responsible for all use of the information you access and or submit and without prejudice to other provisions in this Agreement, you will use the information in a manner consistent with any and all applicable national and international laws and regulations. Any information you provide to the platform will be recorded in the platform. You agree that you have legal authority to share such information and you take responsibility for the authenticity of such information.
The Company will not in any event be liable for your non-compliance with applicable laws and regulations and the Company does not in any way guarantee that your use of the information is compliant with applicable law. As an employee registered in the platform (www.m-waks.com ) you agree to Dreamwaks limited sharing information about you as an employee as contained in the platform either provided by you or your past employers.
If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and approved by us.
The permissions you give us
We need certain permissions from you to provide our services:
1) Permission to use content that you create and share: When you share, post or upload content that is covered by intellectual property rights (e.g. photos or videos) on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free and worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This means, for example, that if you share a photo, you give us permission to store, copy and share it with others such as service providers that support our service or other users such as employers.
2) Permission to use your name, profile picture and information about your actions with ads and sponsored content: You give us permission to use your name and profile picture and information about actions that you have taken on the platform .
3) Permission to update software that you use or download: If you download or use our software, you give us permission to download and install upgrades, updates and additional features to improve, enhance and further develop it.
Intellectual Property Rights
All intellectual property rights relating to the Mobile platform and Website, including data, trademarks, logos and domain names are owned by the Company or its licensors or other providers. Nothing in this Agreement grants you the right to use any such intellectual property rights.
Payments are as may be determined by the Mobile Service Data Provider of the user and access to the system, access and use of the information may be either free of charge or as a subscription.
Restrictions in use of the Mobile platform,Services or Website
You warrant and agree that your use of the service will be in accordance with this Agreement and will not infringe or violate any third party rights or breach any contract.
You shall not:
- Impersonate any person or entity;
- Take any action that causes or may cause damage to the mobile platform,Website or Services or impair the performance, availability or accessibility of the mobile platform,Website or Services;
- Use information collected from our service or use of the information for any direct marketing activities, including letters, emails, text-massages, social media (e.g. Facebook) marketing or similar; or
- make the information available to any third party, such as by sublicensing your rights under this Agreement or supplying Data.
You may terminate your contractual relationship with the Company at any stage while using the service. Any fees paid for use of the service will last for the duration of the subscription for which it was paid after which the service will not be renewable.
Part II: General Provisions
Breach of Agreement
Without prejudice to our other rights under this Agreement, if you breach the terms of this Agreement, or if we reasonably suspect that you have breached this Agreement, we may:
- send you one or more formal warnings;
- suspend or delete your account and access to the Website and use of the Services;
- block computers using your IP address from accessing the website and use of the service; and/or
- commence legal action against you, whether for breach of contract or otherwise.
Warranty exclusions and limitation of liability
You acknowledge that the service provided by the Company are dependent on third party data sources that we cannot control, and that errors in data will occur. Accordingly, we make no representation or warranty as to the standard of the service, including the accuracy, timeliness, or completeness of the services, including any data therein.
We do not warrant that all information and data on the website or in the service will remain available throughout the term of your use of the service. Furthermore, the purposes for which you use the service and the information therein are at your own risk. You shall not rely solely on such information in making any business or personal decision.
We cannot and do not provide any guarantee as to the accuracy or reliability of the information or that such information is fit for purpose.
The website and service are provided "as is" and we do not guarantee uninterrupted access to the website or to the use of the services. We expressly disclaim any and all warranties, whether express or implied, including:
- all warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any and all warranties arising from course of dealing and usage of trade;
- that the Services, Datasets or information contained in the Services will meet your requirements; and
- as to the accuracy, completeness or reliability of any information obtained from the service. Under no circumstances will we be liable for any incidental, consequential, indirect, punitive or special damages (including damages for loss of business, loss of profits, loss of use or loss of profit), whether based on contract, tort (including negligence), or otherwise arising from or relating to the website or service or this Agreement, even if we have been informed or should have known of the possibility of such damages.
Our maximum liability to you for any and all damages or liabilities arising from or relating to the website, the service or this Agreement, whether arising in contract, tort (including negligence), strict liability or otherwise, shall be a refund of the amount paid by you for the relevant service. If you have not paid for the services, we shall not be liable to you for any damages or other liabilities.
You shall defend, indemnify and hold us and our officers, directors, employees or agents, licensors and other providers against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorney's fees arising in connection with your use of the Services or your breach of any provision of this Agreement.
Without limitation of the foregoing, if we receive a court order or similar request to disclose information by any court or governmental authority, and we are not a party to the proceedings in question, you will reimburse us for our reasonable costs and expenses for complying with such court order, including time spent by our personnel and our advocates at time and materials rates.
Third Party Providers
The Company will not disclose your personal information to third parties unless such disclosure:
- is required for the processing of your requests;
- is a duty and /or legal obligation of the company;
- is required to enforce / apply the Terms and Conditions and other agreements;
- is required to adequately protect our rights or property, including via the exchange of information with other companies and organizations for the purposes of information verification, fraud protection and credit risk reduction. Personal information that you provide may be disclosed to a credit reference agency, which may keep a record of the information.
Availability of Website and Services
We do not guarantee uninterrupted access to the website or to the use of the service. We may interrupt or disconnect the website or service at any time. You should expect periodic downtime for updates to the website and/or the service. We will do our best to provide a reasonable notice of any planned interruption or downtime of the website or the service.
In no event shall we be liable for any failure to comply with this Agreement, including providing any of the service to the extent that such failure is caused by factors outside our reasonable control.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions shall remain in full force and effect.
Links from the website
The website may include links to other websites provided by third parties. The Company has no control over, and assumes no responsibility whatsoever for the content of such websites. Your use of such websites shall be at your own risk.
Governing Law and Venue
This Agreement shall be construed and interpreted in accordance with the laws of Kenya. In case of a dispute between you and the Company, you submit to the exclusive jurisdiction of the courts of Kenya.
If you have any questions concerning the website or this Agreement, please contact the Company atQueensway House 5th floor Standard Street Nairobi Kenya Tel: 0208055101 / 0702816177
Types and Use of Personal Information
The Company may collect basic contact information such as your name, email address, address, phone number, occupation, and place of work that enables the Company to send you information or provide you this service. The Company may also collect additional information, such as information about the content of the Company's communication with you such as customer support, requests and feedback from you. Please refrain from sending sensitive or confidential information to us via email. Sensitive and confidential information includes e.g. health data, bank account number etc.
The Company may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding the website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by registering your details with the Company. However, if you wish to cease receiving any such information you may unsubscribe at any time.
Sharing of your personal information
Any third party receiving your personal information will be obliged to protect your privacy, including treating your personal information in accordance with applicable laws and with an adequate level of data security.
Any non-personal information, communications and material you send to the website or to the Company by email, or which the Company obtains from third parties without promises of confidentiality, may be kept, used and disclosed by the Company on a non-confidential basis. The Company is free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, the Company will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.
The Company has implemented technical and organisational measures in order to secure your personal information from accidental loss and from unauthorised access. Notwithstanding such measures, the Company cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your information for improper purposes.
Storing and Deletion
The Company will only store your personal information while you are a user of the service, or as long as it is necessary in order to fulfil the purposes for which the information was collected.
Access to Information
You may contact the Company's to request a copy of the personal information the Company has stored about you. You may request that the Company rectifies, blocks or deletes any incorrect information.
Governing Law and Venue
The Company will be happy to assist you with any questions you have in relation to our use of your personal information. Please contact usMitsumi Business Park
Muthithi Rd, Westlands Nairobi
Dreamwaks Ltd, 5th Floor Nairobi Kenya Tel: +254791951121