Date of Last Revision: 29th March, 2019.

Welcome to Obitell, the Global Family Genealogy website. Each day, users of Obitell utilize our research tools to discover, research, and share discoveries about their family lineage and relationships with extended family members, friends and other users worldwide.

Below are our detailed terms and conditions that you must read and accept before using our website (www.obitellglobal.com) or Obitell Mobile App. The original version of these terms and conditions is written in English. To the extent that any translated version conflicts with the English version, the English version controls. These terms and conditions should be read in conjunction with our privacy policy.

1. Overview

By accessing the Website, you agree to the following terms and conditions (the “Terms and Conditions” or “Agreement”). You are legally bound by this Agreement, which is between you and obitellglobal.com. The Agreement defines your rights and responsibilities as a user ("User") of the Website, operated by Obitell – a division of EAMS Consultants Limited (KE). The Website is operated in the Republic of Kenya. Access to the Website is governed by these Terms and Conditions under the laws of the Republic of Kenya. Registration as a User on the website results in your information being stored and processed in the Republic of Kenya, and you specifically consent to Obitell’s storage and processing of the personal data you submit. You may access your information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. Users of the Website can communicate with other Users in order to collaborate and exchange historical information and/or images (together with the Users of the Website and other Website or Mobile App and platforms owned by Obitell or its affiliate companies).

The Website and Services provided herein are intended for adults. When a minor uses the Website, the parent or guardian of that minor will be held responsible for the minor’s actions on the parent’s or guardian’s Obitell Account, on the website.

These Terms, including all terms, conditions and policies incorporated herein by reference, together with any legal notices published on the Website, shall constitute the entire agreement between you and Obitell concerning the Website. If you don't agree with any of these Terms, or if you have any objections, you must not use the Services or the Website and related mobile app.

2. Your Use of the Website

The Website contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, user generated information, editorial and other content accessible by Users (the “Content”). All Content is owned, licensed to and/or copyrighted by Obitell and may be used only in accordance with this Agreement. The Website is also protected by copyright as a collective work and/or compilation, pursuant to Kenyan copyright laws, international conventions, and other copyright laws. The trademarks, service marks and logos contained in the Website are owned by or licensed to Obitell and its licensors retain title, ownership and all other rights and interests in and to all information and Content on the Website. All Content on the Website, whether protected by copyright, contract rights, or both, is provided to you AS IS for your information and use only as permitted through the functionality of the Website. We attempt to ensure that all Content on the Website is complete and accurate. Despite our efforts, the Content may occasionally be inaccurate or incomplete and we make no representation that the Content on the Website is complete, accurate, reliable or error-free.

You may access the Website only personally with an individual browser and use the Content only for personal or professional family history research, and download Content only as search results relevant to that research or where expressly permitted by Obitell. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy.

Where permitted, the Content may be downloaded onto your computer or device through the use of authorized Obitell software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use the software provided on the Website only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated that such software is made available for offline use. Bots, crawlers, spiders, data miners, scraping and other automatic access tools are expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Mobile App or Services or the Content therein. Violation of this limited use license may result in immediate termination of your membership and may result in legal action against you.

Obitell does not claim an exclusive right to images already in the public domain that it has converted into a digital format. However, the Website contains images or documents that are protected by copyrights or that, even if in the public domain, are subject to restrictions on reuse. By agreeing to these Terms and Conditions, you agree to not reuse these images or documents except that you may reuse public domain images so long as you only use small portions of the images or documents for personal use. If you republish public domain images, you agree to credit the Website as the source of the digital image, unless additional specific restrictions apply. If you wish to republish more than a small portion of the images or documents from any of our Website or Mobile App, you agree to obtain prior written permission from us.

By using this website, you agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). You must also agree that you will not knowingly or willfully submit inaccurate, defamatory or offensive Content to the website.

Obitell reserves the right to change these policies from time to time and the changes take effect when we post them on the Website.

3. User Provided Content

Portions of the Service and Content on the Website are submitted by you and other users ("User Provided Content"), to which you may contribute appropriate material. User Provided Content includes, but is not limited to, any information you upload to the Website or Mobile App, any posts you make on our message boards or community forums, and any comments or suggestions you send to us. For User Provided Content, we are merely hosting and providing access as well as providing tools to post and share content, and we cannot accept any liability with regard to such material (including with respect to its accuracy). While we cannot preview or monitor the User Provided Content, we may apply, at our discretion, automated filtering tools monitor and/or delete any content that Obitell believes to be in violation of this Agreement (for example, we could use automated tools to suppress obscene content). We reserve the right, but do not have the obligation, to act expeditiously to remove or disable access to any User Provided Content that we believe violates this Agreement. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, kindly get in touch with us on our contact us page of the website.

The decision to upload or share User Provided Content on the Website is your responsibility and you should only submit or share User Provided Content that belongs to you (or where you have obtained all necessary permissions or consents) and that will not violate the rights of others. Be aware that copyright and other intellectual property rights will normally belong to the creator of the material in question and you should not reproduce or submit anything without permission of the owner. By submitting User Provided Content to the website, you represent and warrant that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws). If you submit material to the Website on behalf of a group, organization or business entity, you represent and warrant that you have the right to do so and that you have obtained any consents from the group, organization or business. You agree that you will be liable to us and indemnify us for any loss or damage we suffer as a result of your breach of the foregoing warranties. Upon our request you agree to furnish Obitell with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. This includes verifying ownership of the account created on Obitell.

By submitting User Provided Content on any the Website, you grant Obitell and its Group Companies a perpetual, transferable, sublicense-able, worldwide, royalty-free, license to host, store, copy, publish, distribute, provide access to create derivative works of, and otherwise use User Provided Content submitted by you to the Website, to the extent and in the form or context we deem appropriate on or through any media or medium and with any technology or devices now known or hereafter developed or discovered. You hereby release Obitell and its Group Companies from any and all claims, liens, demands, actions or suits in connection with the User Provided Content you submit, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. This license continues even if you stop using the Website or the Services. Obitell may scan, image and/or create an index from the User Provided Content you submit. In this situation, you grant Obitell a license to the User Provided Content as described above and Obitell will own the digital version of documents created by Obitell as well as any indexed information that Obitell creates. Except for the rights granted in this Agreement, Obitell acquires no title or ownership rights in or to any User Provided Content you submit and nothing in this Agreement conveys any ownership rights in such User Provided Content on the Website or Mobile App. The licenses granted continue for the maximum time permitted by applicable law, even if you stop using the Website or Mobile App or the Services.

You acknowledge and agree that Obitell may preserve any User Provided Content and may disclose any User Provided Content (including its origin) if Obitell believes that it is required to do so by law or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website or Mobile App, the Users, or the public.

4. Subscription Terms, Fees and Referral Commission Payments.

Users of the Website or Mobile App may be unregistered guests, registered users or paying subscribers. The different payment options and services offered for the different levels are published on the Website.

(i) Terms for Subscriptions. You must be 18 years or older to use or subscribe to the Website or Mobile App. (Parent or Guardians are allowed to open accounts on behalf their children of Minor age, below 18 years. The Parents/Guardians are therefore responsible for those accounts) You must provide Obitell with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, you will be assigned a username (which may be your email address) and you will select a password. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on Obitell in your personal account, and you must keep your account password secure. Distribution of your password to others for access to Obitell is expressly prohibited. You will never be required to reveal your password to any representative or agent of Obitell, its owners or agents. You must immediately notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information.

(ii) Account Registration and Termination. Only ONE account is allowed per individual on Obitell. Registering multiple accounts by a member results to a breach. Any such member will be suspended or terminated from using the system and the accounts blocked. For genuine identity, it is a requirement to have a photo of one’s face on the account profile. Such can only be changed or updated once a year on the account anniversary. Any other photo or disguised photos (a photo that fails to match/resemble the account holder) if reported or noted will result to suspension of the account until the anomaly is corrected. If not corrected, such an account will be blocked and eventually terminated. Other security and account verification procedures may be conducted from time to time to ensure the system maintains credibility and security for the interest and benefit of our members globally. To terminate your account or services on Obitell, you must neither renew subscription after it falls due, nor log-in to the website or mobile App for a continuous period of one year (365 days). After this period, the account switches to a dormant state and naturally terminated. Any activation by way of subscription renewal or logging-in to the account before or after expiry of this period cancels the termination.

(iii) Annual Subscriptions. Paid subscriptions (for GPOA Club Members on Bronze, Silver or Gold plans) are renewable annually (365 days) and the renewal is voluntary. This means that once you become a subscribing member, your subscription will be renewed annually and your billing method will be charged based on the subscription program you have chosen unless you opt out or cancel by following the instructions in this Agreement. Please ensure that you correct any information which has changed in respect to your Payment Method (Especially for payments via Debit/Credit cards) to prevent your subscription lapsing due to us being unable to process your payment. Billing charges will be processed immediately when your order is taken and according to the billing details displayed when you choose a subscription, as well as when your subscription is renewed. The renewal of the subscription takes place subject to the terms and conditions in force on the date of renewal. When other offers, promotions are made available, the specific terms and conditions that apply to each will be stated at the time of purchase; please ensure you have noted any relevant rules, cancellation dates or price changes when a promotion ends. Any amounts paid to Obitell as Account Recharge / Top Up is treated as a Credit Balance on your account. Such is immediately converted and reflected as “Credit Balance” on your account and may be utilized by you for Upgrading/Renewing your Plan, Transferring/Sending to a Friend’s or a Relative’s Account, or utilize it for Sending SMS within the Obitell System.

(iv) Termination or Suspension of Your Account (By Obitell). If we believe, in our sole discretion, that you are in breach of this Agreement or are acting inconsistently with the provisions or spirit of this Agreement, we may limit, suspend or terminate your access to the Website or Mobile App. In such a case, no portion of your subscription payment or accumulated commissions will be refunded. We also reserve the right to suspend or terminate your access to the Website or Mobile App for any reason, and should we decide to suspend your access for any reason other than a breach by you, we will pay to you any unpaid referral commissions earned by your account, which will be your sole and exclusive remedy upon such suspension or termination.

(v) Termination or Cancellation of Your Own Account. If you do not wish to continue with your paid subscription on Obitell (GPOA Club), you may opt out of renewal. In such a case, your account continues to be active on the Free, Life Member Plan. This will allow continuity of family lineage for future generations on the already developed family tree.

(vi) Prices Subject to Change. Our Annual Pricing for the various GPOA Club Plans (Bronze, Silver and Gold) are as published/updated on the website. Prices are subject to change due to currency fluctuations in exchange rates. Such changes may be updated on the website without notice. If you do not wish to continue with your subscription due to the new prices or otherwise, you may opt out of renewal.

(vii) Referral Commission Earnings and Payments. To earn referral commissions on Obitell, you must be a registered member and a paying Subscriber on OBITELL GPOA CLUB with a valid Obitell FTID (Bronze, Silver or Gold Member). Members on the Free Lifetime Plan are not entitled to earn such commissions or benefits from our other value added products & services. Our commissions Pay Plan “Obitell Global Pay Plan” is as published/updated on the global website. Commission Payment “requests” and “withdrawal’ are also available and updated on the “Wallet” page of the User Account. The users (Obitell GPOA Club Members) are rightfully entitled to their commissions as earned, and may request to withdraw part or full amount available in their account during the set withdrawal date and time.

5. Communications Between Obitell and You

We may contact you (via the Website or Mobile App, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website or Mobile App or Services, or of any related products and services. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You may opt out of commercial advertising and marketing communications at any time by following the unsubscribe instructions included in each communication or by going to your Account page on the website and changing your preferences. Please see our privacy statement for further information on how we manage and process your personal information.

6. Modifications to this Agreement

Obitell has the right, at its sole discretion, to modify this Agreement, as well as the Website or Mobile App, Content, and the Services, at any time. Changes will be posted on the website and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website or Mobile App, Content, or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by following the instructions in this Agreement. Continued use of the Website or Mobile App or the Services now or following posted notices of changes to this Agreement means that you have accepted and agree to be bound by the changes.

7. Liability Disclaimer

Content, the Website or Mobile App or the Services, and we expressly disclaim any implied warranties, conditions and/or representations, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the full extent permissible under applicable law. We offer the Content, the Website or Mobile App and the Services on an "as is” basis and do not accept responsibility for any use of or reliance on the Website or Mobile App, Content or Services, or for any disruptions to or delay in the Services. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Website or Mobile App, Content or Services. Obitell does not guarantee the adequacy of the Services or Website or Mobile App or compatibility thereof to your computer equipment, mobile devices, or environment and does not warrant that the Website or Mobile App, the Services, their servers, or any emails which may be sent from Obitell are free of viruses or any other harmful components.

To the fullest extent permissible under applicable law, we limit our liability. In particular, we shall not be liable for any damages that we cause unintentionally and we shall not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. For example, we shall not be liable to you for any of the following types of damages, whether in contract, tort (including negligence and strict liability) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; or (v) loss or corruption of, or damage to, data, systems or programs. Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you. If you are dissatisfied with any portion of the Website or Mobile App or the Services, or with any clause of these terms, as your sole and exclusive remedy you may discontinue using the Website or Mobile App and the Services. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable to others as well as to us if your account is used in violation of the terms and conditions of this Agreement.

You agree to defend, indemnify and hold harmless Obitell, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website or Mobile App and Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Provided Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website or Mobile App and Services.

Obitell may, from time to time, provide opportunities to Users of the Website or Mobile App to purchase services from third parties. Website or Mobile App of those third parties are subject to terms and conditions different from those applicable to the Website or Mobile App and it is your responsibility to ensure that you have read and understood them. Obitell makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from Obitell.

8. Governing Law; Disputes

By using the Services of the Website or Mobile App, you agree that any dispute arising will be arbitrated in accordance with the governing laws of the Republic of Kenya, without regard to its principles on conflicts of laws, on these Terms and Conditions, on your use of the Website or Mobile App and the Services, and any dispute of any sort that might arise between you and Obitell.

If a dispute arises between you and Obitell, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Obitell Customer Support by phone or email, to describe the problem and seek a resolution. If that does not resolve the issue, then you and Obitell agree that any dispute or claim relating to your use of the Services of the Website or Mobile App will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Obitell both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Obitell each waive any right to a jury trial.

You and Obitell agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Obitell agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This entire arbitration provision shall survive termination of this Agreement and the termination of your Obitell membership.

To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Obitell Legal Department – EAMS Consultants Limited, P.O. Box 28036 – 00100 Nairobi, Kenya.

9. Miscellaneous

(i) Promotions. Any sweepstakes, contests, raffles or other promotions (collectively, “Promotions”) made available by Obitell may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our privacy statement. If the rules for a Promotion conflict with this Agreement, the Promotion rules will apply.

(ii) Assignment. We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of Obitell, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

(iii) Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

(iv) Waiver. Any failure by us to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of these terms be taken to be a waiver of the provision or provisions itself.

(v) Complete Agreement. This Agreement, including any terms, conditions and policies expressly referenced herein, together with any legal notices published on the Website or Mobile App, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Obitell.

10. Contact Us

If you have any questions or comments, or would like to discuss your subscription with our Customer Support staff, please contact us via the “Contact Admin” button (for subscribed members’ direct support) found on the profile page within individual member’s account - or via our “Contact Us” page of the website. Official correspondence must be sent via postal mail to:

Obitell Global Headquarters

EAMS Consultants Limited

P.O. Box 28036 – 00100 GPO

Nairobi, Kenya.