TERMS AND CONDITIONS OF USE
Wrote: February 20th Monday, 2023.
THESE TERMS OF USE ("TERMS") SET OUT THE TERMS AND CONDITIONS OF USE OF THE WEBSITE "MOTOKA.CO" (COLLECTIVELY, INCLUDING ALL CONTENT AND FUNCTIONALITY AVAILABLE THROUGH THE MOTOKA.CO WEBSITE, THE "WEBSITE" ,"PLATFORM",”MOTOKA”,”MTK”), PUBLISHED BY OMAE SOFTWARE ("OMAE")WHOSE PRINCIPAL PLACE OF BUSINESS IS AT 003 CATHOLIC FLATTS, JOMANY COMPOUND, KALOMO, ZAMBIA. BY ACCESSING/VISITING OR USING THE WEBSITE (WHETHER YOU ARE A REGISTERED USER OR UNREGISTERED USER), EITHER AN INDIVIDUAL OR A SINGLE ENTITY ("YOU" OR "YOUR" AS APPLICABLE), YOU EXPRESSLY AND UNCONDITIONALLY AGREE TO THE TERMS AND ALL OTHER POLICIES OF MOTOKA, (INCLUDING BUT NOT LIMITED TO, MOTOKA'S PRIVACY POLICY). IF YOU ARE NOT AN INDIVIDUAL, YOU REPRESENT TO MOTOKA THAT YOU HAVE ALL NECESSARY CORPORATE OR EQUIVALENT AUTHORITY AND POWER TO AGREE TO THE TERMS WHICH YOU AGREE SHALL BE BINDING ON THE CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER ENTITY IN WHOSE NAME YOU ARE REGISTERING AS A USER AND ESTABLISHING AN ACCOUNT. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT USE THE WEBSITE.
1. DESCRIPTION OF THE MOTOKA PLATFORM
MOTOKA IS A PROFIT GENERATING PLATFORM THAT SPECIALIZES IN DIGITAL MARKETING, PARTICULARLY ADVERTISING
SECOND HAND AUTO - MOBILES.MOTOKA ADVERTISES SECOND HAND AUTO - MOBILES INCLUDING BUT NOT LIMITED TO;
VEHICLES AND MOTORBIKES.THE PLATFORM ADVERTISES SECOND HAND AUTO - MOBILES FROM ALL PROVINCES OF ZAMBIA.
THE MOTOKA PLATFORM GENERATES PROFIT FROM DIGITAL ADVERTISING OF SECOND HAND AUTO - MOBILES.
The Motoka Platform , accessed using the official link addresses;
https://www.motoka.co
https://motoka.co
motoka.co
www.motoka.co
motoka.co
Through any mobile browser ,desktop browser or any
electronic device with a web browser , is designed, developed,
maintained, owned by OMAE SOFTWARE and it’s day to day business
operations are managed by OMAE SOFTWARE. Thus, Motoka is a
brand and subsidiary of OMAE SOFTWARE, of which the legal credentials
including but not limited to patents, registration details (TPIN, Business Names),
software licenses, binding agreements, and trademarks of Omae Software are applicable
to Motoka ,to the fullest extent without any limiting capacity.
OMAE SOFTWARE
Omae Software is a business name registered with PACRA and ZRA, whose primary business is Software Publishing, and digital marketing. In software publishing, we as a business develop portable; business and e-commerce applications, websites and web applications, mobile and desktop applications. In digital marketing, we maintain a number of business applications and we are the forerunners of digital marketing in Zambia.2. ACCESS , AUDIENCE AND ACCOUNTS
Access.
You must be at least 13 years of age in Zambia, or 16 years
of age in countries subject to the EU General Data Protection
Regulation (the “GDPR”), unless exempted by individual country
exceptions, to use the Services or submit any information to
Motoka.If you are between 13 and 18 years of age, you may
only use the Services under the supervision of a parent or legal
guardian who agrees to be bound by these Terms and our Privacy Policy.
Audience
If you are under 13, or 16 where applicable, please do not attempt to
create an account ,register for other Services offered by Motoka
or send any personal information about yourself to us. It is Motoka's
policy not to collect any information from anyone under the age of 13.
You warrant that you are either more than 18 years or age or have consent
of your parent or legal guardian such that you are legally able to agree
to be bound by the Terms. In any event, You warrant that you are over the
age of 13, as the Website is not intended for children under 13. If you are
under 13 years of age, do not use or access the motoka.com at any time or
in any manner. If you are the parent or legal guardian of a child under 13, and
that child has somehow registered with motoka.com, please send an e-mail to
motoka.com for instructions on how to cancel your child's registration.
In the e-mail, please include your full name and address, your child's full name
and address, your relationship to the child, your daytime and evening telephone numbers,
your e-mail address and a signed statement that you are the child's parent or legal guardian.
motoka.com reserves the right to seek additional information to verify your identity and
status in relation to the child.Motoka.com will use this information only to verify
that you are the child's parent or legal guardian and for no other purposes.
Accounts
Users eligible to create accounts ,subscribe to our services ,send personal
information to Motoka,or have full access to the services offered by
Motoka,by using the Services, you agree to:
(a) Own or have the necessary licenses, rights, consents, and permissions to use
the information you use to create your account, guarantee that the information is true and
complete,falsification of information will prompt us to delete your advert, suspend ,block or
terminate your account;
(b) maintain the security of your account by not sharing
your password (if you have an account with a password) or other access credentials
with others;
(c) restrict access to your account and your computer or mobile device;
(d) promptly notify Motoka if you discover or otherwise suspect any security
breaches related to the Services;
(e) Motoka commits to prevent and protect your
account ,information and activities on the account from risks of misappropriation
and/or piracy by employing industry commended software implementation methodologies,
security standards ,and conduct frequent updates of our system but please note that
due to the nature of the Internet and digital media, data transmitted "including
Your Content "cannot be protected against the risks of misappropriation and/or piracy,
for which motoka.com shall not be liable.
(f) take responsibility for all activities
that occur under your account and accept all risks of unauthorized access; and
(g) comply
with these Terms and the Community & Content Policy
You understand that you are responsible for all data charges you incur by using the motoka.co
3. UPLOAD CONTENT AND CORRECTION OF DETAILS
Motoka.com collects information such as text, graphics, logos, artworks, names, designations, button icons, features, functionalities, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material ( collectively "Upload Content") as submitted by you and other users for advertising and marketing on our website and related groups ,forums ,social media platforms,marketing partners ,third party advertising agents ,applications ,software ,consultants and other entities ( collectively "Motoka Parties") we collaborate with to advertise and market Upload Content.
Users who submit Upload Content ,by submitting Upload Content to Motoka,
for marketing or otherwise ,agree to:
(a) affirm, represent, and/or warrant that:
(i) you own or have the necessary licenses, rights, consents, and permissions
to use, post, publish the Upload Content and to enable inclusion and use of the
User Content in the manner contemplated by the Services and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every
identifiable individual person in the User Content to use their respective name or
likeness to enable inclusion and use of the User Content in the manner contemplated
by the Services and these Terms.
(b) your content will be accessible to other users, you agree to allow any users of the Website - free of charge and for personal use only - to view and transmit your content on or through the Website and any other electronic communication media or technology (e.g. smartphones, tablets, connected TV, game consoles), now known or later developed, for the entire period in which your content is hosted on the Website. Please note that due to the nature of the Internet and digital media, data transmitted "including Your Content" cannot be protected against the risks of misappropriation and/or piracy, for which motoka.co shall not be liable. You are responsible for taking all appropriate steps to protect your data, where applicable. In addition, for the entire period in which Your Content is hosted.
(c) grant motoka.com the non-exclusive, royalty free right and license to;
(i) append to your Upload Content any number of our custom website jingles ,logos,and taglines in audio ,text ,image and other formats available;
(ii) reproduce and display Your Content, in whole or in part, and to display, perform, distribute and transmit the same via the features that enable the Website to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format of Your Content as necessary for the purposes of reproduction, display and transmission;
(iii) market and advertise your Upload Content for as long as it is hosted on our website ,in whole or in part ,on our website ,through our agents ,forums and accounts we manage on social media platforms and other platforms available now or in the future ,third party consultants and agencies ,applications , and software (collectively "Motoka Parties").
When Uploaded Content is submitted ,uploaded on our platforms, the owner or other users may notice errors and/or mistakes (includes but not limited to "spellings","formats","names","artworks") in presentation ,we acknowledge faults of this nature,allow and encourage the Upload Content owner or other users who take notice to immediately contact us to have these errors rectified as soon as possible.However,due to the nature of website technologies ,rectifying one error of this nature of may affect another component of the system,thus,we implore the user whose Upload Content is misrepresented to expect reasonable delay within most minimal time frame possible ,we give immediate attention to incoming correction requests ,attend to requets in the order we receive them,therefore,delay does not entail that we are not attending to your request.If a request is submitted , we attend to it in the shortest time possible.
When we collect and process information based on our legitimate interests, we consider how we can accomplish what we need to in a way that is the least obtrusive on your privacy ,creativity and your preferred output of your content. For exmaple,we cannot append our website logos to your Upload Content in a manner that entirely obstructs your auto -mobile from being advertised.
4. CONTENT RESTRICTIONS
You may not upload, post, or transmit (collectively, "submit") any video, image, text, audio recording, or other work (collectively, "content") that:
Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Contains sexually explicit content or pornography;
Contains hateful, defamatory, or discriminatory content or incites
hatred against any individual or group;
Exploits minors;
Depicts unlawful acts or extreme violence;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes; or
Violates any law.
5. FEES; PAYMENTS
For any of our Services that charge a fee or require a subscription,
you can make payment or purchase the subscription as the pricelist
describes on our advertise.Motoka reserves the right
to adjust prices ,charge for certain or all Services it offers now and
in the future. We will notify you before any Services you are then using
begin carrying a fee, adjust the prices and if you wish to continue using
those Services, you will be required to pay all applicable fees at that time.
You represent and warrant that if you are making any payments for or purchases
through the Services that;
(i) any credit information you supply is true and complete,
(ii) charges incurred by you will be honored by your credit card company or bank, and
(iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
6. LINKS
As a convenience to you, the Website may contain links to websites operated by other entities (a "Linked Site"). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.Motoka has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the liking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Motoka.
7. ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Website, including but not limited to any consent you give to receive communications from Motoka solely through electronic transmission. You agree that, when in the future you click on "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
8. YOUR USE OF THE SERVICES
You agree that your use of the Services will not violate any law, contract, intellectual property or other third-party right, or constitute a tort. You are solely responsible for your conduct while on the Services and you use the Services at your own risk.
The Services offer users the ability to view vehicle adverts,call and whatsapp seller's of the advertised vehicle and does not allow users communicate and interact with one another physically, except for users who communicate with any of our agents online or offline , for purposes of submitting upload content ,and enquiries only. We encourage Users to treat each other with respect, and to understand that Users are solely responsible for their interactions with others,if any agreement arise in the case of previewing advertised vehicle physically or otherwise.Motoka has no responsibility or liability with respect to any online or offline interactions. We reserve the right, but have no obligation, to monitor interactions between you and other users or our agents of our Services. Please use your best judgment and keep safety in mind when you use the Services and interact with others online or offline.
When using the Services, You further agree not to:
Use the Services in any manner that could inhibit other users from fully enjoying the Services or that could damage or impair the functioning of the Services;
Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
Attempt to indicate that you have a relationship with Motoka or that Motoka has endorsed you or any products or services, when it is not the case;
Send any unsolicited advertising or promotional materials or collect the email addresses or other contact information of other users from the Services for the purpose of sending commercial messages, or use any domain name or URL in any account username or nickname;
Attempt to reverse engineer any aspect of the Services or do anything that might circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
Use or attempt to use another’s account without authorization from such user and Motoka;
Develop any third-party application that interacts with the Services without Motoka’s or Omae Software’s prior written consent;
Use any automated means or interface not provided by Omae Software to access or manipulate the Services or content (for example: using bots,crawlers,scripts,Maillist,Listserv, auto-responders or "spam", or any processes that run or are activated while you are not logged into the Services);
Use the Services or the Service Materials (defined below) for anything other than their intended purpose or in a way that violates the Community & Content Policy.
9. USER CONTENT
WHAT’S PERMITTED?
The Services allow you and other users to send and store content or
submissions, including messages, text, photos, videos, and other
materials (except account information ,we call these "User Content").
You are permitted to send User Content that:
(a) is non-confidential;
(b) you own or have all necessary legal rights to post to the Services;
(c) you have the written consent, release, and/or permission from each identifiable person to use their name or likeness;
(d) is accurate and not misleading or harmful in any manner; and
(e) complies with these Terms, the Community & Content Policy, and any applicable laws, rules or regulations. You understand that User Content may be displayed publicly.
With some of our Services, we may enable linking or sharing to certain
available content. When such linking or sharing is permitted, you may
only do so for personal, non-commercial purposes, and this permission
is non-transferable and may be revoked at any time. Any such links shall:
(i) contain only text, and not any Motoka or Services trademarks,
(ii) not suggest affiliation with Motoka or Omae Software or cause confusion; and
(iii) not portray with Motoka or the Services in a false, misleading, derogatory, or otherwise offensive manner, and not contain content that violates these Terms or the rights of any third party.
You affirm, represent, and/or warrant that:
(i) you own or have the necessary legal licenses, rights, consents, and permissions to use, post, publish the User Content and to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use their respective name or likeness to enable inclusion and use of the User Content in the manner contemplated by the Services and these Terms.
WHAT’S NOT PERMITTED?
User Content shall not violate these Terms or the Community & Content Policy for any Service, which we may update from time to time. You agree not to post, store, create or otherwise publish or send through the Services any User Content that violates these Terms and/or the Community & Content Policy. Among other things, Motoka forbids User Content that infringes other’s intellectual property rights, including without limitation, copyright, trademark, patent, trade secret, privacy or publicity rights. Some other examples of User Content that is not permitted include, without limitation:
Material that you do not own or have the legal rights to post in accordance with these Terms. For example, material that is the copyright, trademark, patent, or trade secret of another, or is otherwise subject to third party proprietary rights, including privacy and publicity rights;
Falsehoods or misrepresentations that could damage any third party of Motoka , its parents, subsidiaries or affiliates, service providers, independent contractors, and consultants, and their respective directors, officers, employees, and agents (collectively, “Motoka Parties”).
Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate as determined in our sole discretion;
Advertisements or solicitations of business; and
Fraudulent content or impersonating another person.
10. COPYRIGHT, TRADEMARK AND LIMITED LICENSES
ALL INTELLECTUAL PROPERTY RIGHTS TO WORKS THAT ARE NOT THE PROPERTY OF MOTOKA OR ITS SERVICES THAT ARE USED OR REFERRED TO ON THE SERVICES ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS.
A. OUR INTELLECTUAL PROPERTY
The names, logos, and any slogans of the Services, are trademarks of
Motoka, its affiliates, suppliers or licensors. Unless otherwise
indicated, the Services and all content and other materials on the Services,
including, without limitation, the Service names, logos and all designs,
text, graphics, pictures, videos, information, data, software, sound files,
other files (collectively, the "Service Materials") as well as their
selection and arrangement are the proprietary property of Motoka
or its licensors and are protected by Zambia and international copyright,
trademark and other applicable laws and regulations.We grant you a personal,
non-exclusive, non-transferable and revocable right to access and use the Website,
which right is conditioned on your compliance with the Terms.Motoka.co
Content may not be downloaded, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for
any other purpose whatsoever without the prior written consent
of Motoka and Omae Software. You agree to not use or exploit
motoka.co Content in any manner inconsistent with any of
the rights granted or restrictions set forth herein, including,
without limitation, prohibitions on downloading, redistribution,
alteration, deletion and deactivation of any content protection mechanisms.
You are not allowed to modify, enhance, edit, translate, adapt,
reverse engineer, decompile, disassemble, or create derivative works
based upon or otherwise alter in part or in whole any motoka.co
Content. All rights not expressly granted in the Terms are reserved
to Motoka and Omae Software and its licensors ,except as explicitly
stated in these Terms, Motoka does not grant any express or implied
right to use Service Materials.
The Services and any necessary software used therein contain proprietary and confidential information that is protected by law. You acknowledge and agree that the Services and Service Materials are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as permitted by us in writing, you agree not to reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services in whole or in part. Motoka’s ownership rights to the Services and Service Materials includes future developments, updates, modifications, and enhancements.
B. OUR LIMITED LICENSE TO YOU
You are granted a limited, nonexclusive, non-transferable, non-sub licensable, and
revocable license to access and use the Services and Service Materials as described
in these Terms for your personal, non-commercial use. This license is revocable at
any time. This limited license does not change our rights of ownership to the Services
and Service Materials. Motoka continues to own all right, title, and interest in
and to the Services and Service Materials, even if you incorporate Service Materials
into your User Content. But we do not own your purely original content. Motoka
reserves the right to change, improve, or discontinue the Services, Service Materials,
or any aspect thereof at any time without advance notice.
C. YOUR LICENSE TO US
To provide the Services, it is necessary for us to have certain permissions to work with
User Content. You grant Motoka a nonexclusive, royalty-free, worldwide,
transferable, and fully sub-licensable right to use, append any number of our
custom made website advertising logos("jingles") and other trademarks to your
content ,reproduce, modify, host, publish, translate, create derivative works
from, distribute, run, publicly perform or display your User Content in any
media (now known or later developed), including in connection with Motoka’s
marketing and promotional activities. This permission does not affect your
ownership rights, if any, to your User Content. You further grant Motoka
the right to publicly display your username in connection with User Content,
your content will be accessible to other users, you agree to allow any users
of the Website - free of charge and for personal use only - to view and transmit
your content on or through the Website and any other electronic communication
media or technology (e.g. smartphones, tablets, connected TV, game consoles),
now known or later developed, for the entire period in which your content is
hosted on the Website. Please note that due to the nature of the Internet and
digital media, data transmitted " including Your Content " cannot be protected
against the risks of misappropriation and/or piracy, for which motoka.co
shall not be liable. You are responsible for taking all appropriate steps to
protect your data, where applicable. In addition, for the entire period in which
Your Content is hosted, you grant motoka.co the non-exclusive, royalty free
right and license to append any number of our custom made advertising logos("jingles")
and other trademarks to your content ,reproduce and display Your Content, in whole
or in part, and to display, perform, distribute and transmit the same via the
features that enable the Website to be accessed both on the Internet and through
any other electronic communication media or technology, now known or later developed,
and to adjust the format of Your Content as necessary for the purposes of reproduction,
display and transmission, marketing and advertising of your content ,our website or
both, in part or whole, for as long as it is hosted on our website ,we will advertise
and market on our website ,through our agents ,forums and accounts we manage on social
media platforms and other platforms available now or in the future ,third party
consultants and agencies ,applications , and software ( collectively "Motoka Parties").
This license also includes the right for Motoka to make User Content available to other companies, organizations or individuals for the syndication, broadcast, distribution or publication on the Services or on other media and services
To terminate this license, you will need to delete your User Content or your account, If you do not have an account registered with us, contact our team and make a request for your content to be deleted from our platform, we will immediately attend to a delete request and if for any reason beyond our control we are not able to process your request, we will keep contact with you. Please note that if your User Content was shared with or by others, it will continue to appear on the Services.
OTHER USERS INTELLECTUAL PROPERTY RIGHTS
Other users of the Website have provided other content subject to
these Terms of Use and other notices and policies set forth on the Website.
You may access (view ,download, stream, share and buy) other users" content
solely: for your information and personal use, on-commercial purposes as
intended through the normal functionality of the Website and for Streaming.
"Streaming" means a digital transmission of an audiovisual work via the
Internet from the Website to a user's device in such a manner that the data
is intended for real-time viewing and not intended to be copied, stored,
permanently downloaded, or redistributed by the user. Accessing user’s
content for any purpose or in any manner other than Streaming is expressly
prohibited. If you wish to use another user’s content for any other purpose,
in particular for commercial use, you are solely responsible for obtaining the
necessary prior authorization.
11. NOTIFICATIONS
Motoka.co does not permit copyright infringing activities and infringement of intellectual property rights on it's Website, and will remove content uploaded by users, if properly notified that such content infringes on another's intellectual property rights. Motoka.com reserves the right also to terminate a user's account, if they are determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the written information specified below to motoka@omaesoftware.co: "A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed "A description of all of the copyrighted works that you claim has been infringed upon "A description of where the material that you claim is infringing is located on the motoka.co website, including, a URL of the specific location of the infringing material " Information sufficient to allow us to contact you including, at a minimum, your address, telephone number, and e-mail address " A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and "A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
12. HOW WE RESPOND TO VIOLATIONS
REMOVAL OF USER CONTENT; SUSPENDING OR TERMINATING ACCOUNT
To prevent abuses or violations of the Services or these Terms,
Motoka has the right to monitor your use of the Services.
We will investigate activity related to your use of the Services
using any means legally available and, where appropriate,
may provide information about your use of the Services to law
enforcement authorities and other third parties. As permitted
and explained in our Privacy Policy, we may use and disclose
data derived from your use of the Services to provide or improve
the Services as well as to enforce these Terms.
As explained in the Section called “Termination,” Motoka has the absolute right to stop providing part or all of the Services, or to suspend or terminate a User’s account at any time. Motoka also has the right to delete or remove any User Content that we, in our sole discretion, view as violating these Terms, our Community & Content Policy, or for any other reason. Removal of User Content and/or terminating access to Services can be done without prior notice to the User.
Without limiting Motoka’s absolute rights of termination or removal there are certain actions that will result in immediate removal of User Content and/or account termination.User Content that poses a legal risk, is a threat to community members, or violates these Terms will be immediately removed. In addition, if we receive notice that User Content is alleged to infringe a third party’s intellectual property or proprietary rights, it will be immediately removed and you will be notified.
If you are determined to be a repeat offender, Motoka will terminate your access to the Services. A repeat offender is a User who has been notified at least twice that they engaged in prohibited activity and/or has had User Content removed from any of the Services at least twice.
If your account has been suspended or terminated, and you wish to dispute it, please contact us at: motoka@omaesoftware.co
13. THIRD-PARTY CONTENT
The Services may integrate with or otherwise interact with third party services or devices to bring you the Services. The Services may also include links and other content owned or operated by third parties, including advertisements and social "widgets." We may also allow access to third-party merchant sites from which you may purchase goods or services. We call all of these third-party services, merchants, and content "Third-Party Applications and Content."
Third Party Applications and Content have their own terms and privacy policies that govern your usage or interactions with them and their services or content. Your interactions with Third-Party Applications and Content are solely between you and the third party. Accordingly, you must read the terms and conditions and privacy policies of any Third-Party Applications and Content provider that you visit, interact with, or from who content is posted on our Services.
You acknowledge that Motoka does not control, endorse, or have the ability to censor Third Party Applications and Content. You agree that Motoka assumes no responsibility or liability for the services, content, privacy policies, or practices of any Third Party Applications and Content and you access, use, or transact with Third Party Applications and Content at your own risk. We are not a party to any transactions entered into between you and any Third Party Applications and Content providers. Motoka does not warrant that any Third Party Applications and Content are compatible with the Services and expressly disclaims any liability for any damages arising from your interaction with Third Party Applications and Content.
14. FEEDBACK AND OTHER SUBMISSIONS
Separate from User Content, you may submit questions, comments, feedback, suggestions, and other information regarding the Services (we call these "Submissions"). Submissions are considered User Content and treated accordingly under these Terms, except with regards to ownership rights. You acknowledge and agree that Submissions are non-confidential and will become the sole property of Motoka and that Motoka will own all right, title, and interest in and to any Submissions. You agree to execute any documentation required by Motoka to confirm such assignment to Motoka.
15. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Motoka
,its parents, subsidiaries or affiliates, service providers,
independent contractors, and consultants, and their respective
directors, officers, and agents (collectively, “Motoka Parties”),
from and against any third-party claims, damages, costs, liabilities
and expenses (including, but not limited to, reasonable attorneys’ fees)
arising out of or in any way connected to, directly or indirectly:
(a) your use of the Services;
(b) your User Content or Submissions;
(c) these Terms and/or the Community & Content Policy;
(d) your violation of any third party’s rights; and/or
(e) your conduct in connection with the Services.
Motoka, and/or the applicable Motoka Parties, reserve the right to assume the exclusive defense and control of any matter that is subject to this indemnification. If this right is exercised, you will cooperate with Motoka in the defense of any claim as we require. In no event shall you settle any claim without our prior written consent.
16. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SERVICE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MOTOKA. MOTOKA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES AND SERVICE MATERIALS MOTOKA DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVICE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR WILL CONTINUE TO BE OFFERED. MOTOKA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR VIDEO. WHILE MOTOKA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, MOTOKA CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
To the fullest extent permitted by applicable law, in no event shall the aggregate
liability of Motoka or the Motoka parties for any Losses, whether in contract,
warranty, tort (including negligence, whether active, passive or imputed), product liability,
strict liability or other theory, arising out of or relating to the use of or inability to
use the Services or to these Terms exceed the greater of:
(i) any compensation you paid, if any, to Motoka for access to or use of the Services for the twelve (12) months immediately preceding the Loss.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. If you do not agree to this limitation of liability, your remedy is to terminate your account and discontinue using the Services.
17. LIMITATION OF LIABILITY
Nothing in these Terms shall exclude or limit Motoka’s liability
for losses which may not be lawfully excluded or limited by applicable law.
Motoka shall not be liable to you for any indirect or consequential
losses which may be incurred by you. This shall include but not limited to;
(i) any loss of profit (whether incurred directly or indirectly);
(ii) any loss of goodwill or business reputation;
(iii) any loss of opportunity;or
(iv) any loss of data suffered by you; any loss or damage which may be incurred by you as a result of: any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Service; any changes which Motoka may make to the Service, or for any permanent or temporary cessation in the provision of the Service (or any features within the Service); the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the service; your failure to provide Motoka with accurate account information; your failure to keep your password or Motoka account details secure and confidential. The limitations on Motoka's liability to you shall apply whether or not Motoka has been advised of or should have been aware of the possibility of any such losses arising.
18. MODIFICATIONS TO THE SERVICES
Motoka reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions of the Services or Service Materials, without prior notice. You agree that Motoka, its parents, subsidiaries or affiliates, service providers, independent contractors, and consultants, and their respective directors, officers, employees, and agents (collectively, “Motoka Parties”) will not be liable for any modification, suspension or discontinuance of the Services or Service Materials, or any part thereof.
19. DISPUTES - ARBITRATION
Any dispute, claim, or cause of action arising out of or relating in any way to these Terms, the Services, or Service Materials (we call these “Disputes”), shall be resolved by confidential binding arbitration on an individual basis, rather than in court, except as otherwise stated herein. You and Motoka each waive your respective rights to a jury trial for Disputes. This arbitration provision is governed by the Federal Arbitration Act.
You and Motoka agree that Disputes are personal and therefore, class actions and class arbitrations are not permitted.Neither you nor Motoka will commence against the other a class action, class arbitration or other representative action or proceeding that would affect other users of the Services.The arbitrator does not have the authority to conduct a class arbitration or a representative action, and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
20. TERMINATION
Section 5 of these Terms have described specific instances in which Motoka will automatically terminate a User’s account for specified violations, such as for repeat infringement. In addition, Motoka reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and/or Service Materials at any time and to block or prevent your future access to, and use of, the Services and/or Service Materials, for any or no reason. Motoka also has the right to remove prohibited User Content at any time, without prior notice and at its sole discretion.
21. SEVERABILITY
If any provision, or part thereof, in these Terms shall be deemed unlawful, void or for any reason unenforceable, then the unenforceable provision or part thereof, shall be deemed severable from these Terms and shall not affect the validity and enforceability of the rest of the provision and any remaining provisions in these Terms.
22. CHANGES TO TERMS
If we makes changes to these Terms, we will provide notice by posting a notice on the Services and will give you an opportunity to review the changes before they go into effect. We will also update the "Last Updated" date on the first page once the Terms take effect. Your continued use of the Services after notice will confirm your acceptance of the changes. If you do not agree to the updated Terms, you may delete your account(s).
23. FORCE MAJEURE
Neither party will be liable for failure or delay in performing its obligations because of causes beyond its reasonable control, including without limitation, acts of God, terrorism, war, riots, fire, natural disasters, outbreaks or pandemics, or degradation or failure of third party networks or communications infrastructure.
24. PROOF, RETENTION AND STORAGE
The computer registers stored on our systems in accordance with standard safety practices shall be considered proof of emails exchanged, registration forms sent, videos uploaded and other activity within the Website. Registration forms are stored on reliable and durable media available. It is agreed that, in the event of a discrepancy between our computer registers and any paper or electronic documents in your possession, our computer registers shall be authoritative and controlling.
25. EXCHANGE AND REFUND
Exchange
Products advertised on Motoka are products of digital nature, they can be viewed,
downloaded and streamed but are not tangible.With respect to the
nature of digital products, all payments are final and no exchanged will be accepted
or made available.
Refunds
Motoka software infrastructure, integrates third party software;libraries,
payment gateways,APIs,and other implementations for improved service delivery.
As a result, third party components may fail,our software components,or servers
may not always respond to your requests as expected, due to the mentioned reasons
or, due to the nature of software products ,or reasons beyond our control. This
may lead to delays, or faults while making payments;when uploading adverts ,
paying for items to be bought, or any other service we provide involving payment(s).
However, we developed, maintain and frequently upgrade our software infrastructure
with industry accepted standards and practices,and we work to ensure you have none or less
faults while using our services.
With respect to the nature of software products, all payments made for any service(s)
on Motoka, with or without any faults,the sales or payments, are final and no
refund will be issued.In any case of inconvenience, customer care is readily available
to rectify or provide the best assistance possible.
26. DELETE ADVERT
Once an advert is published, the advert will remain published, until we receive
feedback from the advertiser to unpublish the advert.
When an auto - mobile has been bought/purchase, it is the advertiser's responsibility
to inform Motoka to unpublish the advert.Failure to do so may result in advertiser
receiving phone calls and whatsApp messages from potential buyers and otherwise.
27. CHANGES TO TERMS
If we makes changes to these Terms, we will provide notice by posting a notice on the Services and will give you an opportunity to review the changes before they go into effect. We will also update the "Last Updated" date on the first page once the Terms take effect. Your continued use of the Services after notice will confirm your acceptance of the changes. If you do not agree to the updated Terms, you may delete your account(s) and discontinue using our services.
28. ENTIRE AGREEMENT
These Terms constitute the entire agreement between Motoka and you with respect the Website and its supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Motoka with respect to the Website. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
29. CONTACT INFORMATION
If you have any questions or comments about this terms and conditions of use, please contact us at:
Official Line 1; +260 967 721 900
Official Line 2; +260 977 742 472
Email: motoka@omaesoftware.co
Postal Address:
The Director,
Motoka,
Omae Software.
P.o Box 620011
Kalomo - Zambia.
Updated: February 20th Monday, 2023.