1.2 The Incorporation reserves the right to modify the Mkazi Terms at any time, effective upon posting of an updated version of the Mkazi Terms on the website. You are responsible for staying up to date with the Terms. Continued use of the Mkazi Platform after any changes to the terms shall constitute your consent to such changes. If you require any more information or have any questions about our Mkazi Terms, please feel free to contact us by email at info@Mkazipro.com.
1.3 The Incorporation does not provide home services or products, and the Incorporation is not a domestic service or domestic service provider. It is up to the third party service provider (the “Contractor” or “Mkazi Professional”) to offer any services . The Incorporation has no responsibility or liability for any services or product provided to you by such Contractors. Mkazi is a passive medium through which business relationships can be formed between private individuals and Contractors. The details of each booking will be confirmed by way of a Booking Confirmation. Upon acceptance of the Booking Confirmation the customer agrees to the terms stated within and also agrees to the overall Mkazi Terms.
2. Mkazi is a Platform
2.1 The Mkazi Platform is a communications platform for enabling the connection between individuals seeking to obtain domestic services and/or individuals seeking to provide domestic services.
2.2 The Incorporation inquiries into the backgrounds of all service providers; however, the Incorporation does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers beyond aggregated customer reviews and representation of background information.
2.3 When interacting with Contractors you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other service providers whom you don’t know.
2.4 By using the Service, you agree to hold the Incorporation free (to the extent permitted by law) from the responsibility for any liability or damage that might arise out of the use of the Platform.
2.5 The Incorporation and its affiliates or licensors will make efforts to regulate but is not responsible for the conduct, whether online or offline, of any user of the Platform.
2.6 The Incorporation and its affiliates and licensors will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of the Mkazi Platform.
2.7 The Incorporation does not provide the domestic service but does take responsibility towards consumers in terms of consumer contact, complaints, refunds, returns, chargebacks etc. In case of a dispute, Mkazi will mediate between the service provider and the user to reach an agreeable resolution.
3. Representations and Warranties
3.1 By using the Mkazi Platform you expressly represent and warrant that you are legally entitled to agree to these Terms. If you reside in a jurisdiction which restricts the use of the Mkazi Platform because of age you must abide by such age limits and you must not use the Mkazi Platform. Without limiting the foregoing, the Mkazi Platform is not available to children (persons under the age of 18) or others who are not capable of entering into binding agreements to terms of usage. By using the, Mkazi Platform you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts. By using the Mkazi Platform, you represent and warrant that you have the right, authority and capacity to agree to these Mkazi Terms. Your participation in using the Mkazi Platform is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Mkazi Platform you agree to comply with all applicable laws from the country, state and city in which you are present while using the Mkazi Platform
3.2 You may only access the Mkazi Platform using authorized means. It is your responsibility to check to ensure you download the correct Mkazi Platform for your device. The Incorporation is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Mkazi Platform for your handset.
3.3 By using the Mkazi Platform, you agree that:
(a) You will only use the Mkazi Platform for lawful purposes; you will not use the Mkazi Platform for sending or storing any unlawful material or for fraudulent purposes.
(b) You will not use the Mkazi Platform to cause nuisance, annoyance or inconvenience.
(c) You will not impair the proper operation of the network.
(d) You will not try to harm the Mkazi Platform in any way whatsoever.
(e) You will not copy, or distribute the Mkazi Platform other content without written permission from the Incorporation.
(f) You will only use the Mkazi Platform for your own use and will not resell it to a third party.
(g) You will keep secure and confidential your account password or any identification provided to you which allows access to the Mkazi Platform
(h) You will provide us with whatever proof of identity the Incorporation may reasonably request.
(i) You will only use an access point or data account which you are authorized to use.
(j) When using the Mkazi Platform in conjunction with SMS, you opt-in to receive text messages from the Incorporation, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.
4. License Grant & Restrictions
4.1 The Incorporation hereby grants you a non-exclusive, non-transferable, right to use the Mkazi Platform, solely for your own personal, non-commercial purposes. All rights not expressly granted to you are reserved by the Incorporation and its licensors.
4.2 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Mkazi Platform in any way; (ii) modify or make derivative works based upon the Mkazi Platform; (iii) create Internet “links” to the Mkazi Platform or “frame” or “mirror” any Software on any other server or wireless or Internet-based device; (iv) reverse engineer the Mkazi Platform; (v) access the Mkazi Platform in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Mkazi Platform, or (c) copy any ideas, features, functions or graphics of the Mkazi Platform, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Mkazi Platform.
4.3 You may use the Mkazi Platform only for your personal, non-commercial purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Mkazi Platform or the data contained therein; or (v) attempt to gain unauthorized access to the Mkazi Platform or its related systems or networks.
4.4 Intellectual Property Ownership: The Incorporation alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Mkazi Platform. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information, you hereby assign to the Incorporation all right, title and interest thereto. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Mkazi Platform, or any intellectual property rights owned by the Incorporation. The Incorporation name, the Incorporation logo, and the product names associated with the Mkazi Platform are trademarks of the Incorporation or third parties, and no right or license is granted to use them.
5.1 If you believe in good faith that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Incorporation a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the local or international governing regulations. Notices and counter notices with respect to the Service or Software should be sent to the Incorporation by email : info@Mkazipro.com
By accepting these Mkazi Terms and using the Mkazi Platform, you agree to defend, indemnify and hold the Incorporation, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of these Mkazi terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of services arranged via the Mkazi Platform, or (c) your use or misuse of the Mkazi Platform or Service.
7. Incorporation right to deny access to use of Mkazi Platform
The Incorporation reserves the right to (i) modify or discontinue, temporarily or permanently, the Mkazi Platform and (ii) refuse any and all current and future use of the Mkazi Platform, suspend or terminate your account (any part thereof) or use of the Mkazi Platform, for any reason, including if the Incorporation believes that you have violated the Mkazi Terms. The Incorporation shall not be liable to you or any third party for any modification, suspension or discontinuation of the Mkazi Platform. The Incorporation will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Incorporation.
8. Disclaimer of Warranties
The Incorporation makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Mkazi Platform. The incorporation does not represent or warrant that (a) the use of the Mkazi Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Mkazi Platform will meet your requirements or expectations, (c) any stored data will be accurate or reliable, ((e) errors or defects in the Mkazi Platform will be corrected to your specifications, or (f) the server(s) that make the Mkazi Platform available are free of viruses or other harmful components. The Mkazi Platform is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Incorporation. The Incorporation makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the Mkazi Platform. You acknowledge and agree that the entire risk arising out of your use of the Mkazi Platform and any third party services or products, remains solely with you, to the maximum extent permitted by law.
9. Network Delays
The Incorporation’s Platform may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks and electronic communications. The Incorporation is not responsible for any delays, delivery failures, or other damage resulting from such problems.
10.1 If you are a Mkazi Professional, you are an independent contractor and you are not an employee, owner, joint venturer, partner or representative of the Incorporation and there is no employment agreement between you and the Incorporation. In addition, if you are a Mkazi Professional, you further understand and agree that you have no authority to bind the Incorporation and you will not make any representations to any party that you have any authority to bind the Incorporation, as an employee, partner or otherwise.
11. Limitation of Liability
11.1 In no event shall the Incorporation and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The Incorporation and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Mkazi Platform, including but not limited to the use or inability to use the Mkazi Platform, 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 third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the Incorporation and/or its licensors have been previously advised of the possibility of such damages.
11.2 The Mkazi Platform provides a passive medium through which you may choose to secure services from a third party Contractor(s). You expressly waive and release the Incorporation from any and all any liability, claims or damages arising from or in any way related to the Contractor. The Incorporation will act as a party to disputes, negotiations of disputes between you and Contractors only to the best of its ability with no expectations on resolution. Responsibility for the decisions you make regarding having accessed the Mkazi Platform rests solely with you.
11.3 The quality of the services (including related goods) scheduled through the use of the Mkazi Platform is entirely the responsibility of the relevant Contractor who ultimately provides such services to you. You understand, therefore, that by using the Mkazi Platform, you may be exposed to services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the services of Contractor(s) at your own risk.
11.4 By using the Mkazi Platform, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Mkazi Platform.
12.1 The Incorporation may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Incorporation’s account information, or by SMS to the number collected upon your use of the service. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending.
13. Controlling Law and Jurisdiction
13.1 These Mkazi Terms will be interpreted in accordance with the laws of Kenya.
13.2 You and the Incorporation agree to submit to the personal jurisdiction of a court located in Nairobi Kenya for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
14. Dispute Resolution
To expedite resolution
and reduce the cost of any dispute, controversy or claim related to this
Agreement (“Dispute”), you and the Incorporation agree to first
attempt to negotiate any Dispute (except those Disputes expressly excluded
below) informally for at least thirty (30) days before initiating any
arbitration or court proceeding. Such informal negotiations will commence upon
written notice, as set forth above.
If you and the
Incorporation are unable to resolve a Dispute through informal negotiations,
all claims arising from use of the Service or Software (except those Disputes
expressly excluded below) will be finally and exclusively resolved by binding
arbitration. Any election to arbitrate by one party will be final and binding
on the other. You understand that if either party elects to arbitrate, neither
party will have the right to sue in court or have a jury trial. The arbitration
will be commenced and conducted under the Commercial Arbitration Rules (the
“AAA Rules”) of the American Arbitration Association
(“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for
Consumer Related Disputes (“AAA Consumer Rules”), both of which are
available at the AAA website www.adr.org. Your arbitration fees and your share
of arbitrator compensation will be governed by the AAA Rules (and, where
appropriate, limited by the AAA Consumer Rules). If your claim for damages does
not exceed $3,000, the Incorporation will pay all such fees unless the
arbitrator finds that either the substance of your claim or the relief sought
in your Demand for Arbitration was frivolous or was brought for an improper
purpose (as measured by the standards set forth in Federal Rule of Civil
Procedure 11(b)). The arbitration may be conducted in person, through the
submission of documents, by phone or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless
requested by a party. The arbitrator must follow applicable law, and any award
may be challenged if the arbitrator fails to do so. Except as otherwise
provided in this Agreement, you and the Incorporation may litigate in court to
compel arbitration, stay proceeding pending arbitration, or to confirm, modify,
vacate or enter judgment on the award entered by the arbitrator.
Waiver of right
Waiver of right to be a
plaintiff or class member in a purported class action or representative
proceeding : You and the Incorporation agree that any arbitration will be
limited to the Dispute between the Incorporation and you individually. You
acknowledge and agree that you and the incorporation are each waiving the right
to participate as a plaintiff or class member in any purported class action or
representative proceeding. Further, unless both you and the Incorporation
otherwise agree, the arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of any class or
representative proceeding. If this specific paragraph is held unenforceable,
then the entirety of this “Dispute Resolution” Section will be deemed
null and void.
This Agreement may not be assigned by you without the prior written approval of the Incorporation but may be assigned without your consent by the Incorporation to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, the Incorporation or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Incorporation to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Incorporation in writing. This Agreement comprises the entire agreement between you and the Incorporation and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Incorporation regarding the subject matter contained herein.
You accept that, as a corporation, the Incorporation has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Incorporation’s officers or employees in respect of any losses you suffer in connection with the Mkazi Platform . Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Incorporation’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Incorporation.
Breaches of these terms and conditions
Without prejudice to the Incorporation’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Incorporation may take such action as the Incorporation deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.