AJIRA CONNECT TERMS AND CONDITIONS
The terms ‘Ajira’ or ‘us’ or ‘we’ ‘our’ refers to the owner of the website, Ajira Connect Ltd. whose registered office is Suite 2B Woodlands office Park, Woodlands Road Hurlingham. P.O. Box 105028-00101 Nairobi Kenya. The term ‘you’ refers to the user or viewer of our website.
Further note that all reference to the term ‘website’, for the purposes of the application of these terms and conditions, includes and applies to the Ajira websites, mobile or other applications, software, processes and any other services provided by or through Ajira Connect Ltd.
• Contractual relationship
• The terms of the contractual relationship between Ajira and the users are set out in this document (the “Terms”) Please note that your use of the website shall be deemed to be an acceptance to be bound by these terms. The purpose of this agreement is to define the relationship and obligations of the parties in relation to the use of the website.
• No agency relationship is created by the use of this website between users and Ajira and Ajira does not purport to enter into any contracts on behalf of any users of the website. The parties shall each remain distinct entities as constituted and existing prior to this Agreement.
• No employment relationship is created between Ajira Connect and any users of the website.
• This website is intended for the use stated therein only. The owners reserve the right to make changes to the website at any time and without notice to the users.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of this website is entirely at the user’s risk, and the owners of the website shall not be liable for any loss or damage suffered as a result of such use. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to design, layout, look, appearance, photos and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Some information provided on this Website has been obtained from third parties and is provided for informational purposes only. We are not liable for any inaccuracies in any third party information provided on this. Website and do not endorse any of the activities, guides, vendors or service providers described. It is your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any third party guide, vendor or service provider. We expressly deny any liability for engagement in any activity, and for use of any third party guide, vendor or service provider that may be mentioned or described on this Website. Additional fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely by the third party vendor, guide, or service provider. Please contact the third party service provider, guide or vendor for complete details. We do not book, nor do we make any representations regarding the availability of third party activities or services.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws of the Republic of Kenya.
• Words and expressions used in these website usage terms and conditions shall bear the ordinary meaning assigned to them unless the context dictates otherwise.
"Collective Content" means User Content and Ajira Connect Ltd. Content together.
"Ajira Connect Ltd. Content" means all Content Ajira Connect Ltd. makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Customer Member" means a Member who is registered to receive quotes for Pro Services, requests quote for Pro Services, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Pro Services.
"Member" means a person who completes Ajira Connect Ltd.'s account registration process or a person who submits or receives a request through Ajira Connect Ltd., including but not limited to Service Members and Customer Members.
"Platform" means all Ajira Connect Ltd. websites, mobile or other applications, software, processes and any other services provided by or through Ajira Connect Ltd.
"Pro Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.
"Service Member" means a Member who is registered to send quotes for Pro Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Pro Services.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding Ajira Connect Ltd. Content and Feedback.
• Ajira Connect is a software platform on which persons providing various services (hereinafter the “Service Providers”) can connect with persons requiring the services so offered (hereinafter the “Service Requesters”). The Ajira Connect platform is a virtual or digital market place in which Service Requesters can reach Service Providers within the same geographical location. Ajira Connect, the Service Providers and the Service Requesters are together referred to as the “Parties”.
• Ajira Connect reserves the right to charge a user fee to users of the website provided that such fee shall not be construed as a commission or agency fee in respect of any services, except for the services disclosed in 4.1 above.
• Account Registration and Other Submissions
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Ajira Connect Ltd. password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Ajira Connect Ltd. immediately of any unauthorized use. Ajira Connect Ltd. is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Ajira Connect Ltd. or others due to such unauthorized use.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts the relevant applicable Law of Kenya. By accessing or using the Platform, you represent and warrant that you are eligible.
• Service Member Representations, Warranties and Use of the Platform
By registering or using the Platform to offer, post or provide Pro Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as prescribed and in accordance with the Laws of Kenya.
Ajira Connect Ltd. is not in the business of providing Pro Services; and reiterates that it forms no employment or agent relationship with any of its members, nor does it enter into any contract on behalf of its members. Service Members understand and agree that they are customers of Ajira Connect Ltd., and are not Ajira Connect Ltd. employees, joint venturers, partners, or agents. Service Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. Ajira Connect Ltd. does not control, the services a Service Member provides (including how the Service Member provides such services) if the Service Member is engaged by a Customer Member, except as specifically noted herein. Service Members understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Ajira Connect Ltd. Platform to access persons interested in receiving Pro Services and related tools, including but not limited to the ability to message Customer Members or schedule appointments, which facilitate the provision of Pro Services. Service Members understand and agree that using the Platform does not guarantee that any Ajira Connect Ltd. users will engage them for Pro Services.
Ajira Connect Ltd., as permitted by the Laws of Kenya, obtains reports based on publicly available information regarding Service Members and we may limit, block, suspend, deactivate, or cancel a Service Member’s account based on the results of such a check. As a Service Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports.
License and restrictions
Ajira Connect hereby grant users a non-transferable, non-sub licensable, revocable, non-exclusive and limited license to use the website for the purposes for which it is intended and subject to all the terms and conditions contained herein. Ajira Connect reserves and retains all intellectual property and ownership rights in connection with the website and nothing in these terms may be construed as transferring or assigning any intellectual property or ownership rights in respect of the website.
Ajira Connect reserve the right to grant or revoke access to the website.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Ajira Connect Ltd. or its licensors, except for the licenses and rights expressly granted in these Terms.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Ajira Connect Ltd. the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Ajira Connect Ltd.'s use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of the relevant provisions of the Laws of Kenya. You agree that Ajira Connect Ltd. may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. Ajira Connect Ltd. reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
Prohibited Activities and Practices
As a user of the Platform, you may not:
• Use another person's Account, misrepresent yourself or Pro Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
• Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without Ajira Connect Ltd.'s prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Ajira Connect Ltd. reserves the right to revoke these exceptions either generally or in specific cases);
• In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
• Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
• As a Service Member, use the Platform in any manner that circumvents your obligation to pay Ajira Connect Ltd. or use credits for access to services provided by the Platform;
• Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
• Recruit, solicit, or contact in any form Service Members or Customer Members for employment or any other use not specifically intended by the Platform;
• Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
• Violate any key Ajira Connect Ltd. policies that govern your use of the Platform and our interactions with you and third parties;
• Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Ajira Connect Ltd.; (g) is based outside Kenya; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
• Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Ajira Connect Ltd. mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Ajira Connect Ltd., (b) offers to purchase a Pro Service or any other service outside of Ajira Connect Ltd., or (c) using a profile page or user name to promote services not offered on or through the Platform;
• Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
• Fail to perform Pro Services purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Pro Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member's identity;
• Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Ajira Connect Ltd.;
• Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;
• Agree to purchase a Pro Service when you do not meet a Service Member's requirements;
• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
• Attempt to indirectly undertake any of the foregoing
In connection with use of Ajira Connect Ltd.'s Platform, Ajira Connect Ltd. charges certain Fees ("Ajira Connect Ltd. Fees" or "Fees"). Current Fees for purchasing credits (“Ajira Connect Ltd. Credits”) used by Service Members for various purposes will be shown when purchasing such credits. Fees for additional products or services, including ongoing products or services, will be provided to you before you use such products or services.
Ajira Connect Ltd. may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion.
Members agree to pay these Fees. Information about current penalty Fees is available in the support centre. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have made use of the active Account. Charges shall be made to your Mpesa account, debit card, credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if Ajira Connect Ltd. cannot charge a credit card, PayPal or other payment method for any reason, Ajira Connect Ltd. reserves all rights permissible under the laws of Kenya to recover payment and all costs and expenses incurred, including reasonable legal fees, in our pursuit of payment.
You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by Ajira Connect Ltd. or by anyone on its behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Ajira Connect Ltd. may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees.
You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members. All sales on Ajira Connect Ltd. are final and non-refundable, except as otherwise specified herein.
Marketplace payment processing services for Service Members on Ajira Connect Ltd. are provided by Mpesa, and, where applicable, may include money transmission services pursuant to licenses held by Mpesa. Payment processing services provided by Mpesa are subject to the Mpesa Account Agreement, which includes the Mpesa Services Agreement. By agreeing to these terms or continuing to operate as a Service Member on Ajira Connect Ltd., you agree to be bound by the Mpesa Connected Account Agreement and Mpesa Services Agreement, as the same may be modified by Mpesa from time to time. As a condition of Ajira Connect Ltd. enabling payment processing services through Mpesa, you agree to provide Ajira Connect Ltd. accurate and complete information about you and your business, and you authorize Ajira Connect Ltd. to share with Mpesa this information and transaction information related to your use of the payment processing services provided by Mpesa. Ajira Connect Ltd. serves as a limited payment collection agent of a Service Member and is authorized to collect payment from Customer Members on behalf of a Service Member. Payment made by a Customer Member to Ajira Connect Ltd. in connection with Pro Services shall be considered the same as a payment made directly to a Service Member. As a Service Member, you hereby appoint Ajira Connect Ltd. as your limited payment collection agent solely for the purpose of accepting payment from Customer Members in connection with Pro Services. You agree that payment made to Ajira Connect Ltd. shall be considered the same as a payment made directly to you. You further understand that, as a limited payment collection agent for its Service Members, Ajira Connect Ltd.’s obligation to you, as the Service Member, is subject to and conditional upon successful receipt of payment from Customer Member. In accepting appointment as your limited payment collection agent, Ajira Connect Ltd. assumes no liability for your acts or omissions in your capacity as the Service Member.
If any Member does not make a marketplace payment on time or if Ajira Connect Ltd. cannot charge a credit card, PayPal or other payment method for any reason, Ajira Connect Ltd. reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable legal fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or payments due will be made by electronic mail or by phone. Such communication may be made by Ajira Connect Ltd. or by anyone on its behalf, including but not limited to a third-party collection agent. If you have a balance due on any Account, you agree that Ajira Connect Ltd. may charge such unpaid payments to your credit card or otherwise bill you for such unpaid payments.
All cancellation and refund requests will be subject to Ajira Connect Ltd.’s review and absolute discretion. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required under the Laws of Kenya. You may request a cancellation or refund by emailing your request to Ajira Connect Ltd. support at [email protected] If you cancel your Account at any time, you will not receive any refund.
Dispute Resolution Amongst Members
Ajira Connect Ltd. values our Pros and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Service Member or a Customer Member cannot be resolved independently, you agree, at Ajira Connect Ltd.'s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Ajira Connect Ltd. or a neutral third-party mediator or arbitrator selected by Ajira Connect Ltd. Notwithstanding the foregoing, you acknowledge and agree that Ajira Connect Ltd. is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
Intellectual Property Rights
Ajira Connect Ltd. Content is protected by Copyright Act, Trademarks Act, and other laws of Kenya, foreign countries, and international conventions. Except as expressly provided in these Terms, Ajira Connect Ltd. and its licensors exclusively own all right, title, and interest in and to the Platform and Ajira Connect Ltd. Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Ajira Connect Ltd. used herein are trademarks or registered trademarks of Ajira Connect Ltd. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.
By sending us any feedback, comments, questions, or suggestions concerning Ajira Connect Ltd. or our services, including the Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Ajira Connect Ltd. and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
Ajira Connect Ltd. does not endorse any Member, user or any Pro Services, and Ajira Connect Ltd. is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Ajira Connect Ltd. nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Ajira Connect Ltd. may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Ajira Connect Ltd. services they are using or any involvement by Ajira Connect Ltd. personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Ajira Connect Ltd. and is not verification of their identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Ajira Connect Ltd. offers a non-exhaustive list of safety tips to consider when hiring a Service Member. Ajira Connect Ltd. is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Ajira Connect Ltd. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Ajira Connect Ltd. with respect to such actions or omissions.
Third party services
Ajira Connect shall not be liable for any actions or omission by any third parties, including the actions or omissions of any Service Requesters and Service Providers using the website or Mobile App.
Without limiting any other rights reserved herein, Ajira Connect Ltd. may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Ajira Connect Ltd., including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
Account Suspension or Termination
We may, in our discretion, with due cause and in response to your conduct of any of the prohibited activities mentioned herein, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Ajira Connect Ltd. Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Ajira Connect Ltd. support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Pro Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
These Terms shall be governed by the Laws of Kenya and where any terms are in conflict with any existing Kenyan law, the Terms shall prevail to the extent allowed by law.
• Dispute resolution
Disputes arising from or as a result of this Agreement shall be settled in accordance with the Laws of Kenya.
• If a Dispute arises in relation to this Agreement the Parties will use their best endeavours to resolve the Dispute within ten (10) Business Days of the declaration in writing of a Dispute by any of the Parties.
• If any Dispute is resolved by the Parties in accordance with clause i above, a written memorandum, will be prepared by the Parties and signed. The resolution will confirm that it is in full and final settlement of the Dispute and will record all matters in issue and all material factual details of the Dispute and the terms of resolution and a copy will be supplied to all the Parties involved in the Dispute.
• If the Dispute is not resolved within ten (10) Business Days of the referral of the Dispute for resolution under i then any Party may request in writing that the Dispute be referred to non-binding mediation. The Parties shall jointly appoint a mediator, and, if a mediator cannot be agreed upon within ten (10) days after receipt of the request for mediation by the non-requesting Party, the mediator shall be appointed by the Chairman for the time being of Chartered Institute of Arbitrators (Kenya) or another institution agreed to by the Parties in writing.
• If the Dispute cannot be amicably settled by the Parties, and cannot be resolved by mediation within thirty (30) days after appointment of the mediator, the matter shall be settled by arbitration initiated by any Party under the provisions of the Arbitration Act 1995 of Kenya by an arbitrator. The arbitrator shall be appointed by the mutual agreement of the parties and, failing such agreement within (ten) 10 days, by the Chairman for the time being of the Chartered Institute of Arbitrators (Kenya) on the application of either party.
• The arbitration proceedings shall be conducted in the English language.
• The place of arbitration shall be Nairobi, Kenya.
• The arbitration award may include but not be limited to paying a sum of money, or an order to perform an act, or an order to refrain from an act, or an order to refrain from an act, or any combination of such orders.
• The award rendered shall be final and conclusive to the extent permitted under the laws of Kenya.
Your use of the platform, pro services, or collective content shall be solely at your own risk. You acknowledge and agree that Ajira Connect Ltd. does not have an obligation, but reserves the right for any reason, to (a) monitor or review user content; or (b) for any permissible purpose, conduct identity verification, background (including criminal background) or registered sex offender checks on any member, including but not limited to service members and customer members. The platform is provided "as is," without warranty of any kind, either express or implied. Without limiting the foregoing, Ajira Connect ltd. and its affiliates and subsidiaries, and their respective officers, directors, employees and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; any warranties arising out of course of dealing or usage of or in trade; any warranties, representations, or guarantees in connection with this platform or the pro services offered on or through this platform; and any warranties relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation all collective content. Ajira connect ltd. Makes no warranty that the platform or pro services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Ajira connect ltd. Assumes no responsibility, and shall not be liable for any damages to your computer equipment or other property on account of your access to or use of the platform. Ajira connect ltd. Shall not be liable for any defamatory, offensive, or illegal conduct of any third party, or any loss or damage of any kind incurred as a result of the use of any data, information, materials, substance, or collective content posted, transmitted, or made available via the platform. No advice or information, whether oral or written, obtained from Ajira Connect ltd. or through the platform, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users or members of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including but not limited to any customer members, service members or service recipients. You understand that Ajira Connect ltd. does not make any attempt to verify the statements of users of the platform or to review or vet any pro services. Ajira connect ltd. Makes no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, particularly if you decide to meet offline or in person and give or receive pro services. Ajira Connect Ltd. explicitly disclaims all liability for any act or omission of any users or third parties.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by the laws of Kenya, the entire risk arising out of your access to and use of the platform and collective content, your offering or providing pro services or requesting or receiving pro services through the platform, and any contact you have with other users of Ajira Connect ltd. or third parties, whether in person or online, remains with you. Neither Ajira Connect ltd. nor any other party involved in creating, producing, or delivering the platform will be liable (whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Ajira connect ltd. has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for: (a) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill; (b) service interruption, computer damage or system failure; (c) the cost of substitute products or services; (d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms; (e) the use of or inability to use the platform, pro services or collective content; (f) any communications, interactions or meetings with other users of the platform or other persons with whom you communicate or interact as a result of your use of the platform; or (g) your offering or providing pro services or requesting or receiving pro services through the platform.
In no event shall the total, aggregate liability of Ajira Connect Ltd. and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, arising from or relating to the terms, platform, pro services, and/or collective content, or from the use of or inability to use the platform or collective content or in connection with any pro services or interactions with any other users exceed the total amount of fees actually paid to Ajira Connect Ltd. by you hereunder, or Ten Thousand Kenya Shillings if no such payments have been made, as applicable.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Ajira Connect Ltd. and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Pro Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.
Force Majeure: Other than payment obligations, neither Ajira Connect Ltd. nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Ajira Connect Ltd. may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Ajira Connect Ltd. or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Ajira Connect Ltd. or Service Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to [email protected] with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrolment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to [email protected] with contact information and the address for delivery.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Ajira Connect Ltd.'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to [email protected], or by writing to Ajira Connect Ltd., Suite 2B Woodland Office Park, Woodlands Road, Hurlingham Nairobi. P.O. Box 105028-00101 Nairobi