Terms and Conditions
In these Terms of Use, any use of the words "you", "yours" or similar expressions shall mean any user of this website and the app whatsoever. Terms such as "we", "us, "our" or similar expressions shall mean the Osha Smart Team.
This website, and the Osha Smart mobile application (the “App”) are operated by the OSHA SMART Team, a company registered in Nairobi, Kenya.
Please read this page carefully as it sets out the terms that apply to your use of the Website and the App, and any part of their content and all materials appearing on them. By using the Website you confirm that you accept these Terms of Use and you agree to comply with them. If you do not agree to these Terms of Use, please refrain from using the Website and App.
YOUR USE OF THE WEBSITE IF YOU ARE UNDER 18
If you are aged 18 or under, you cannot register for an Osha Smart account (“Account”) without the permission of your parent/guardian.
CHANGES TO THE WEBSITE / THESE TERMS OF USE
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
We may change these terms at any time by amending this page. Please check this page regularly to take notice of any such changes as you will be deemed to accept them through your continued use of the Website and the App.
INTELLECTUAL PROPERTY RIGHTS
The Website is protected by copyright, database rights and other intellectual property and related rights ("Rights") which are owned by us. All such Rights are reserved. Except where otherwise indicated on the Website:
- You may download and print material from the Website as is reasonable for your own private and personal use;
- You may also forward such material from the Website to other people for their private and personal use provided you credit us as its source and add the Website address. You must draw their attention to these terms which also apply to them; and
- You may provide links to the Website provided they go to the home page only and provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of us where none exists.
The Website must not be used in any other way, including for commercial purposes, and you may not otherwise reproduce, re-utilise or redistribute it (including, by way of example, creating a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website), or frame or deep-link to it (or to any of its content) on any other website, without our prior written approval. If you print off, copy or download any part of the Website in breach of these terms, your right to use the Website will cease immediately and you must return or destroy any copies of the materials you have made at our request.
The trade marks, logos and brand names shown on the Website are owned by us ,or partners. No rights are granted to use any of them without the prior written permission of the owner.
ACCOUNT
You may register for an Account. You are not permitted to register multiple Accounts on the Website or App.
In registering for an Account, you will be providing personal data to Osha Smart. Any personal data which you do submit will be processed in accordance with Osha Smart’s Privacy Policy and in accordance with relevant data protection legislation including the General Data Protection Regulation (“GDPR”) and the Data Protection Act 2019. We will only share personal data in accordance with our Privacy Policy or if required to do so by a competent authority or court within Kenya.
You are responsible for:
- Ensuring that your equipment is enabled with appropriate up-to-date virus checking software;
- Maintaining the security of your Account and/or password including (without limitation) by keeping passwords for your Account secure, frequently changing your password and keeping it confidential; and
- Implementing two factor authentication on your Account.
VIRUSES
Osha Smart takes reasonable precautions to prevent computer viruses, worms, time bombs, cancelbots, corrupted files, or any other items that may damage the operation of computers or property or otherwise engage in computer misuse ("Malicious Programmes") on the Website but cannot accept any liability for them. You are advised to take precautions against such Malicious Programmes, including the use of suitable protective software.
YOUR LAWFUL USE OF THE WEBSITE
You must not misuse the Website by knowingly introducing Malicious Programmes. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
GOVERNING LAW
These Terms of Use are governed by and interpreted in accordance with the laws of Kenya. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive Jurisdiction of the High Court of Kenya.