TERMS AND CONDITIONS
Last updated: September 2020
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE KAZI PLATFORM.
BY CLICKING ON THE “ACCEPT” BUTTON YOU AGREE TO THESE TERMS AND CONDITIONS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE “REJECT” BUTTON.
- These Terms and Conditions (these Terms) constitute a legally binding agreement between you and Kazi Now Limited (Kazi), a limited liability company registered in Kenya having its offices at 8th floor, Pinetree Plaza, Nairobi Garage, Kaburu Drive, Nairobi, Kenya, Post Office Box 1730 – 00606 Nairobi, governing your use of the Kazi platform. Kazi’s websites (including kazinow.ke) (the Sites), mobile applications (the Applications), and content, products, related services, information, and communication are collectively known as the Kazi Platform.
- Once you provide your consent at registration, you may change your mind and withdraw consent at any time by contacting us email@example.com but that will not affect the lawfulness of any processing carried out before you withdraw your consent.
- Kazi may amend the terms related to the Kazi Platform and such amendments will be effective upon Kazi’s posting of such updated Terms and Conditions. Your continued access or use of the Kazi Platform after such posting constitutes your consent to be bound by the Terms and Conditions as amended.
- If any future changes to this agreement are unacceptable to you or cause you to no longer be in compliance with this agreement, you must deactivate your account, and immediately stop using, the Kazi platform.
- If you do not agree to be bound by this agreement and abide by its terms, you may not use or access the Kazi platform.
- By acknowledging the terms and conditions and/or using the Kazi platform, you expressly acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by this agreement and accept all of its terms.
- These terms expressly supersede prior agreements or arrangements with you. Kazi may immediately terminate these terms or any services with respect to you, or generally cease offering or deny services or any portion thereof at any time for any reason.
- Words importing the singular meaning where the context so admits include the plural meaning and vice versa.
- Headings in these Terms are for convenience purposes only and they do not affect the interpretation of these Terms.
- The words include or including (or any similar term) are not to be construed as implying any limitation and general words introduced by the word other (or any similar term) shall not be given a restrictive meaning by reason of the fact that they are preceded or followed by words indicating a particular class of acts, matters or things.
- Statutory provisions or enactments shall, include references to any amendment, modification, extension, consolidation, replacement or re-enactment of any such provision or enactment (whether before or after the date of these Terms) and to any regulation, instrument or order or other subordinate legislation made under such provision or enactment.
- Where any term is defined within the context of any particular clause, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, such term shall bear the meaning ascribed to it for all purposes under these Terms despite the fact that the term has not been separately defined in this clause
- CONTRACTUAL RELATIONSHIP AND SERVICE AGREEMENT
- The Kazi Platform is a technology platform which enables connections between clients (the Client or Clients), who are individuals seeking to obtain short-term services (the Job or Jobs) from workers (the Worker or Workers and/or the Pro or Pros) and are therefore clients of the Workers, and the Workers are business seeking to perform Jobs for Clients. The Clients and the Workers are hereinafter referred to as the Users.
- If you agree to the terms of a Job with another User, you and such User form a service agreement directly between the two of you (the Service Agreement). The Service Agreement is a legally binding contract formed when one User and another agree on the terms of a Job.
- The terms of the Service Agreement include the terms set forth in this section, the engagement terms proposed and accepted by both the Worker and their Client to the extent such terms do not conflict with the terms in this Agreement, including this section, and do NOT expand to Kazi’s obligations or restrict Kazi’s rights under this Agreement.
- Kazi is NOT a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances create an employment or other service relationship between Kazi and the Worker, nor will it create and employment relationship between the Client and the Worker.
- Workers are independent business owners. Workers are independent contractors of clients and NOT employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Kazi.
- Kazi does NOT perform jobs and does not employ individuals to perform jobs. Kazi operates as platform which seeks to connect people and business seeking services with service providers who wish to perform a variety of jobs.
- Users hereby acknowledge that Kazi does NOT supervise, scope, direct, control or monitor a worker’s job and expressly disclaims (to the extent permitted by any law) any responsibility and liability for the work performed and the jobs in any manner, including but not limited to a warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation or code.
- Users do NOT have authority to enter into written or oral – whether implied or express – contracts on behalf of Kazi. Kazi’s role, beyond enabling connections between Clients and Worker via the Kazi Platforms is to act as a limited payment collection agent for the Workers to facilitate payment for Jobs on behalf of the Worker through the Kazi Platform.
- In acting as the limited payment collection agent for Jobs on the Kazi Platform, Kazi disclaims any other agency or authority to act on behalf of the Worker, and assumes no liability or responsibility for any acts or omissions of the Worker, either within or outside the Kazi Platform.
- Any reference on the Kazi Platform to a Worker being credentialed in some manner, or “badged”, “reliable”, “reliability rate” “elite”, “great value”, “background checked”, “vetted” (or similar language) designations indicate only that the Worker has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is NOT an endorsement, certification or guarantee by Kazi of such Worker’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Workers whom they contact or interact with via the Kazi Platform.
- The Kazi Platform enables connections between Users for the fulfilment of Jobs. Kazi is NOT responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of Jobs, Workers or Clients nor of the integrity, responsibility, competence, qualifications or any actions or omissions whatsoever of any Users, or of any ratings or reviews provided by users with respect to each other.
- Kazi makes no warranties or representations about suitability, reliability, timeliness or accuracy of the Jobs requested or services provided by, or the communications of or between, Users identified through the Kazi Platform, whether in public or private, via on-or offline interactions, or otherwise howsoever.
- CLIENT’S AGENTS
- While using the Kazi Platform, Clients, in their sole discretion, determine whether they will be present or not when a Job is performed. Clients who elect not to be present when a job is performed agree that if someone other than them books the Job on their behalf or is present when a job is performed, they are appointing that person as their agent (the Client’s Agent) and the Worker may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the Kazi Platform on behalf of the Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. The Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.
- The Client shall pay the Worker(s) in full for all the Job(s) via the Kazi Platform at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance, and completion of a Job.
- USER BACKGROUND CHECKS AND USER REPRESENTATIONS AND WARRANTIES
- Users may be subject to a background check before they can register for and during their use of the Kazi Platform, which may include but is not limited to:
- Identity verification;
- Right to work checks;
- Criminal background checks; and
- Use of third parties, including the workers’ character and professional referees and any other third parties as may be appropriate
- The above checks shall be termed collectively as the Background Checks. Although Kazi may perform Background Checks, it cannot confirm that each User is who they claim to be, and Kazi cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
- When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data and property, just as you would when interacting with other persons whom you do not know. Kazi will not be liable for any false or misleading statements made by Users of the Kazi Platform.
- Neither Kazi, nor its parents, affiliates or licensors, including their respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, successors and assigns (collectively referred to as “Affiliates”) is responsible or liable for the conduct, acts, or omissions, whether online or offline, of any user of the Kazi platform and, to the extent permitted by law, you hereby release Kazi and affiliates from any and all liability, claims, demands, or damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Kazi Platform.
- Users may be subject to a background check before they can register for and during their use of the Kazi Platform, which may include but is not limited to:
- Users of the Kazi Platform contract for Jobs directly with other Users. Kazi will not be a party to any contracts for Jobs. Payment for Jobs through the Kazi Platform is made directly from the Client to the Worker via the Kazi Platform, and not by Kazi. Kazi is not obligated to compensate Worker for Client’s failure to pay for services.
- To help prevent fraud and safeguard User information from the risk of unauthorized access, Kazi may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-3 business days.
- Kazi reserves the right (but not the obligation) upon request from Client or Worker, or upon notice of any potential fraud, unauthorized charges or other misuse of the Kazi Platform, to (i) place on hold any Job Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the Kazi Platform to do so.
- ACCEPTABLE USE
- The Kazi Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Kazi Platform, you should not share your personal contact information with other Users.
- Without limitation, the Kazi Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Kazi staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party or Kazi;
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Kazi or its Users’ computers;
- To advertise or offer to sell any goods or services for any commercial purpose through the Kazi Platform which are not relevant to the Job;
- To conduct or forward surveys, contests, pyramid schemes, or chain letters;
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments;
- While using the Kazi Platform, you may not:
- Use the Kazi Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Job in violation of local, state, provincial, national, or international law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
- Post the same Job repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Kazi Platform;
- Restrict or inhibit any other User from using and enjoying the Public Areas;
- Imply or state that any statements you make (whether on or off the Kazi Platform) are endorsed by Kazi, without the prior written consent of Kazi;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Kazi Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the Kazi Platform or any portion thereof;
- Hack or interfere with the Kazi Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the Kazi Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Kazi and Affiliates;
- Upload content to the Kazi Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
- Use the Kazi Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Kazi Platform as set forth herein;
- Use the Kazi Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
- Use the Kazi Platform or the Job in violation of this Agreement;
- Use the Kazi Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Kazi’s trade secrets information for public disclosure or other purposes;
- Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Kazi Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
- You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Kazi will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
- DEACTIVATION AND SUSPENSION
- Kazi may suspend your right to use the Kazi Platform pending its investigation of a potential breach by you of this Agreement. Kazi may deactivate your account or limit your use of the Kazi Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Kazi will provide you with written notice of its determination. If you wish to appeal this determination, please contact firstname.lastname@example.org within 14 days of receipt of such notice with the grounds for your appeal.
- If Kazi suspends or deactivates your account or limits your use of the Kazi Platform pursuant to this clause, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
- Even after your right to use the Kazi Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Kazi reserves the right to take appropriate legal action pursuant to the Agreement.
- You may terminate this Agreement at any time by ceasing all use of the Kazi Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Kazi Platform.
- Notices and Consent to Receive Notices Electronically
- You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
- WARRANTIES AND INDEMNITIES
- The technology of the Kazi Platform is provided without warranties or conditions of any kind, either express or implied, including, but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, good and workmanlike services, and non-infringement. Kazi makes no warranties or representations about the accuracy or completeness of the content provided through the Kazi Platform or the content of any sites linked to the Kazi Platform and assumes no liability or responsibility in contract, warranty or in tort for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Kazi Platform, (iii) any access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; and (iv) events beyond our reasonable control.
- Kazi does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Kazi Platform or any hyperlinked website or featured in any banner or other advertising, and Kazi will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Kazi and Affiliates do not warrant that access to the Kazi Platform will be uninterrupted or that the Kazi Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Kazi Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Job, information or materials provided through or in connection with the use of the Kazi Platform. Kazi and Affiliates are not responsible for the conduct, whether online or offline, of any User. Kazi and Affiliates do not warrant that the Kazi Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Kazi and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
- You acknowledge and agree that Kazi is only willing to provide the Kazi Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Kazi and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Kazi Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Kazi and Affiliates, and any destruction of your User Generated Content.
- Under no circumstances will Kazi and affiliates or their corporate partners be liable for, and you hereby release Kazi and affiliates and their corporate partners from any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by Kazi, the cost of substitute products or services, or lawyers fees and costs) arising out of or in any way connected with your use of or inability to use the Kazi platform or the task services, even if advised of the possibility of the same. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
- Kazi and affiliates expressly disclaim any liability that may arise between users of its Kazi Platform. Kazi and affiliates also do not accept any liability with respect to the quality or fitness of any work performed via the Kazi Platform.
- If, notwithstanding the foregoing exclusions, it is determined that Kazi and affiliates or their corporate partners are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Kazi (if you are a client) or total task payments paid to you by clients (if you are a tasker), during the 6 months prior to the time such claim arose, to the extent permitted by applicable law.
- You hereby agree to indemnify, defend, and hold harmless Kazi and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Kazi Platform; (ii) your participation in Jobs, or your ability or inability to perform or obtain the performance of Jobs or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Kazi Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Kazi reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Kazi.
- ACKNOWLEDGEMENT AND CONSENT