Terms and Conditions

(These Terms and Conditions were last updated August  9, 2021).


1.     INTRODUCTION

The present Terms and Conditions shall constitute a legal and binding agreement between you and Freelance Soko Limited (the “Company”, “we”, “our” or “us”) in accordance with and subject to the Terms and Conditions. The Terms and Conditions may be referred to interchangeably hereafter as the “Agreement”.  The company owns and operates freelancesoko.com (the “Website” or “Platform”). Freelance Soko (freelancesoko.com) is a freelance marketplace, serving the Kenyan market, exclusively. You can buy and sell freelance services after registering on the platform. Anyone can buy services, hire freelancers and post their projects as an employer, while they can offer services and bid on available projects as freelancer. Users can configure their account either as employer or freelancers within the dashboard in order to serve their needs.

We strive to make your use of our application, website, content, products, and services (the “Services”) as smooth as possible. As always, if something about our Terms and Conditions is unclear or confusing, please contact us.

These Terms and Conditions govern your access to and use of the Services, and any content made available from or through the website or app. 

The access and use of the Services binds you in a contractual relationship between you and us. If you disagree with these Terms and Conditions due to any reason, you may not access or use the Services. The Company holds the right to immediately terminate these Terms and Conditions with respect to you, or end or deny any offering/access at any point of time for any reason. The Company may also amend the Terms and Conditions anytime. Your use or access to the Servicesmeans your consent to all the Terms and Conditions, as amended.

You acknowledge that all freelance services are provided by independent third party freelancers who are not employed by the Company.

These Terms and Conditions expressly supersede prior agreements or arrangements with you. We reserve the right to terminate the agreement in case of any non compliance by temporary suspension of access to the app.

We may amend these Terms and Conditions from time to time. Users shall be notified of the amendment wherein which the amendments will be effective upon the Company’s posting of the updated Terms and Conditions in the platform. Your continued access of the platform is automatically considered as consent to the Terms and Conditions.



2.     OVERVIEW OF OUR SERVICES

Our Services are free of charge for freelancers in the beginning but we plan to introduce subscription (referred to as Freelancer packages https://www.freelancesoko.com/freelancer-packages/) that will govern how many bids one has among other options. Similarly, employers can buy packages https://www.freelancesoko.com/employer-packages/ that best suit their needs.

Freelancers can offer and promote their services on social media platforms such as Facebook, Instagram and LinkedIn.

The platform offers services in the following main categories: Writing & translation, Graphic & Design, Digital Marketing, Business, Programming & Technology, Data Solutions, Lifestyle & Education, Animation, Photography & Video, and And Music & Audio. We hope to expand the list to cover any digital service or product that can be offered remotely. 

Customers must approve order after 3 days or request for revision. We also have 14-day money back guarantee 

Payments to writers will be released every 2 weeks (between 1st and 5th and 15th and 20th of every month.

For the convenience, the company charges buyers 5% fee when they place their orders, buy services and hire freelancers. Similarly, a 5% fee is charged to freelancers on their earnings from services sold and projects completed. 

The base starting price of services on the platform is Ksh. 250

Buyers pay in advance once they hire a freelancer or buy a service. The money is held in escrow by the company until the order is approved by the buyer or 3 days expire after order completion, before freelancer’s account is credited. 

Payments can be made via MPESA pay bill.



3.     ACCEPTANCE

By accessing our Services (as defined below in Description of Services), you agree to be bound by the these Terms and Conditions and consent to the collection and handling of information described in our Privacy Policy, and to your receipt of text messages and emails in connection with the Services (as defined below in Description of Services) at the telephone number and email address you provide during registration, including, without limitation, the initial message containing a registration code, any text messages or emails containing receipts (if we provide such functionality and you request them) and confirmation messages sent in response to any opt-out request you may make; provided that, if you update such initial telephone number and/or email address in your account settings, then such text messages will be thereafter sent to such updated telephone number and/or email address within a reasonable delay. 

If you do not agree to the Terms, you must not access any of the Services. Your continued access of any of the Services after an update, amendment or supplement of the Terms and Conditions has been posted on this location, or after supplemental Terms and Conditions have been made available on this location or otherwise been displayed to you on or through any Service, constitutes your agreement to be bound by same. The Terms and Conditions (which, whenever used herein, include any amendment or supplemental Terms and Conditions) supersede any other agreement or arrangement between the Company and yourself in connection with the subject matter hereof.



4.     DESCRIPTION OF SERVICES

The Company’s services may be accessed by authorized users via a mobile application, website and Company-authorized web interfaces (collectively or individually, the “Application”), certain text-based messaging protocols (“Text Services”), and/or other channels (collectively, with the Application and the Text Services, the “Channels”). These Terms and Conditions shall govern both your access, use and possession of any and all Channels, as well as your access, use and possession of any and all interactive features, downloads, content, products, software, features, functionalities and other services which are at any time made available by the Company and are: (i) owned and/or controlled by the Company, and/or (ii) available through, or interact with any of, the Channels, content, products, software, features, functionalities and/or services of the Company (collectively, the “Features”). The Channels and Features, collectively, individually, or in any combination, are referred to as the “Services”. The Services shall include any and all offline activities (such as the collection of data through mailings, telephone, e-mail, text or in person) and online activities (such as an Application) owned, operated, provided or made available or accessible by the Company and/or its affiliates. Without limiting the foregoing, the Services include any Channels and Features that enable or facilitate the ability for a person or entity (each, a “Buyer”) among other things, request and pay for online services from sellers registered on our platform or any seller providing such service (each, a “Seller” or “Provider”), interact with buyers and provide services to buyers. 



5.     ACCOUNT

In order to access any Service, you first need to register and maintain a personal user account via the Application or other Company-authorized method (“Account”). You are responsible for any activity that occurs under your Account. Your Account is non-transferable. Each User may only have one Account unless otherwise authorized by the Company in writing. By registering an Account, you represent and warrant that you are capable of entering into a legally binding agreement and that all information submitted by you during such registration or otherwise via the Application or other means is truthful, complete and accurate. As part of the registration process, you will be required to: (a) associate an email address with your Account (that will become your username) and establish a password for your Account; (b) associate a phone number with your Account that is capable of receiving text messages; and (c) submit one or more valid MPESA numbers to be used in processing payment transactions for orders you pay for through the Services or to receive payment from the Company if you are a seller. We reserve the right to suspend or terminate the Account of any User who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements of the Company or (without limiting any rights or remedies of Company) otherwise with the terms and conditions of the Agreement. You are responsible for providing and maintaining current, truthful, complete and accurate information for your Account for so long as you continue to use any of the Services. The Company may, from time to time, require you to provide additional information in evaluating your registration, Account, and/or eligibility to continue using the Services; and may suspend or terminate your Account or access to the Services if you fail to provide, or otherwise on the basis of, any such information.



6.     PRIVACY

By using the Services, you consent to Company collecting and sharing information about you, your location (received through your computing device) and your use of the Service with Company’s third party partners. Company may also collect anonymized, aggregated data in connection with your use of the Services for purposes of marketing, data analytics and enhancing and optimizing the Services. Please review our Privacy Policy for additional information on the treatment and handling of your information.



7.     SECURITY

You must keep any credentials (including any password) needed to access your Account safe, secure and confidential at all times, and are responsible for restricting access to and for keeping your computers and other applicable devices, including any and all devices used to access Services, and you agree to accept responsibility for all activities that occur through or under your Account or Account credentials (including any password), and you agree to immediately notify the Company if you suspect any unauthorized use of your Account or access to your password and/or other credentials. You are responsible for any security breach resulting from your failure to comply with any requirements applicable to you pursuant to these Terms and Conditions, and any such failure may result in your inability to access the Services in whole or in part. In no case shall the Company, its affiliates, or any of the Company’s or its affiliates’ shareholders, directors, officers, employees, licensors, agents, representatives, or any of the successors or assigns of any of the foregoing (all of them, including the Company, being collectively the “Company’s Indemnitees”) be responsible for any losses arising out of the unauthorized use of your Account. 

The Services are not intended to be used by anyone who is not a Capable Person of Legal Age, and you shall in no case let the Account be accessed by anyone who is not a Capable Person of Legal Age. You acknowledge that you may be asked to provide validation of your identity and/or of your satisfaction of any requirements applicable to any User hereunder as a condition for you to access any one or more Services, and you may be denied access to same if you fail to so validate. The Company reserves the right, in its sole and absolute discretion, to reject, suspend, or terminate your Account (with or without notice), except as otherwise required by Applicable Laws.



8.     APPLICATION OF SERVICES

The Company only provides a platform to (1) help Buyers obtain certain services from Sellers, and (2) facilitate payment of fees charged (and, where applicable, tips) for the services. You recognize and acknowledge that Buyers may only use our platform for this purpose, in each case for the Authorized Purpose (as defined in the Section entitled License below). Our platform  is not designed or intended for use in environments where any failure of the Application or other Services could lead to personal injury or severe property or environmental damages, you shall not use the Services in any such manner or for any purpose which (i) would cause harm to the Company or any of its affiliates, (ii) contravenes any applicable laws, statutes, rules, regulations and legally binding ordinances (“Applicable Laws”), or (iii) violates these Terms and Conditions. 

You warrant that you shall at no time access or allow the access of the Application or any other Services for commercial or non-personal use. You recognize that this paragraph is subject to such additional limitations applicable to Users, including the Prohibited Actions (as defined in the Section entitled Prohibited Actions below) as may be set forth elsewhere in these Terms and Conditions. We may send you SMS messages as part of your use of the Services, when you create an Account, as it may be useful or necessary for certain Services; you agree that the Company may do so, and further acknowledge that failure to permit SMS messaging may impact in some cases on your access of Services.



9.     PAYMENTS & PAYMENT PROCESSING

The Services allow Buyers to make purchases from Sellers that are enabled to receive payment in connection with the Services. In order to use the Services, you must open an Account with us and associate a valid MPESA number, Visa card or Mastercard with that Account. We reserve the right to accept or reject an MPESA number, Visa card or Mastercard associated with your Account in our discretion. When you access our platform, you are deemed to have accepted the Terms and agree to pay the corresponding fees or charges. Upon your request for services from Sellers, you will be required to pay for the services in advance and the money will be held in escrow in our bank account. When you have accepted such Seller’s services you are deemed to have agreed to pay any and all corresponding fees or charges. Such amounts (and applicable Services Fees) will be charged to your funds held in escrow, and you hereby authorize any such charge. Any payments made in connection with the services you pay for through our platform are non-refundable by the Company.

By accessing the Services, you also consent to the sharing of your data with the Company’s payment services partners. You agree that the Company and its payment partners may undertake authorization checks on any payment details you provide to the Company at any time. You are responsible for complying with those terms and conditions, and you are responsible for charges and related fees imposed by those terms and conditions. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that the Company may use a secondary payment method in your Account, if available. We will securely store any payment details you have provided to us so they may be used for payments you need to make whenever you use any of the Services at any time. Please see our Privacy Policy for further information on how we will use, protect and store your personal data.

All charges made in connection with your Account are due immediately and payment will be facilitated by the Company using MPESA number, Visa card or Mastercard, after which the Company is authorized to send you a receipt by email or through the Services. The Company reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Services, as established by the Company in its discretion. After you have received services obtained through the Services, you may be given the opportunity to rate your experience and leave additional feedback about your Provider.



10.  LICENSE

  • Limited License Grant. Subject to your compliance in all respects with the Agreement, the Company grants you a non-exclusive, limited, personal, non-transferable, non-sublicensable, and revocable license to: (i) download, access, install and use the Application in machine-readable object code form only on a single personal mobile device or computer that you control, the whole solely in connection with your personal and non-commercial use of the Services, and (ii) download and view any content that the Company makes available through the Services, including any Company-authorized content licensed from a third party (collectively, the “Content”). This license grant includes the Application and all updates, upgrades, enhancements, modifications, new versions and replacement Application. The Application may vary by device and medium, and functionalities may also vary by device and medium. This license may not be used for any purpose other than for your personal use of the Services for non-commercial purposes, the whole in accordance with all Applicable Laws and subject to the requirements, restrictions, obligations and conditions set forth in the Agreement (the “Authorized Purpose”). Without limiting the foregoing, you warrant that you shall at no time access or allow the access of the Application or any other of the Services for any purpose that is not the Authorized Purpose. The rights granted to you under these Terms and Conditions are personal, and you are not granted the right to transfer or sublicense, in whole or in part, any right or license granted under the Agreement. The Terms and Conditions (including the foregoing license) do not grant, transfer or convey to you any rights in or to the Services otherwise than as and to the extent expressly granted in this paragraph. The Company and its licensors reserve all rights in and to the Services not explicitly granted to you under the Agreement. The Services and all rights in the Agreement are and shall at all times remain the property of the Company or its licensors.
  • Third Party Devices. The Company does not warrant that the Application and/or Content will be compatible with third party software or hardware, nor does the Company warrant that operation of the Services and associated Application will not damage or disrupt third party software or hardware. Your mobile device is manufactured and sold by entities other than the Company and its affiliates, and the Company does not take responsibility or otherwise warrant the performance of your mobile device, including the continuing compatibility of your mobile device with the Services. By using any of the Services, you agree to look solely to the entity that manufactured and/or sold your mobile device for any issues related to your mobile device and its compatibility with such Services.



11.  PROHIBITED ACTIONS

As a condition of the limited license granted to you hereunder, except as, and only to the extent, expressly permitted in these Terms or by Applicable Laws that cannot be waived by you in these Terms, you may not

  • Publish, display, disclose, rent, lease, loan, distribute, transmit, broadcast or otherwise exploit the any of the Services, Application or Content, or any part thereof; 
  • Modify or create derivative works based on any of the Services, Application or Content, or any part thereof; 
  • Copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Application to human readable form; 
  • Attempt to create the source code from the object code of the Application; 
  • Take any action that will infringe upon or misappropriate the intellectual property or other proprietary rights of the Company or any of its affiliates or third party software providers; 
  • Sublicense or assign the Application or Content; 
  • Use the Services or Application for unlawful purposes, 
  • Use the Services to cause nuisance, annoyance, inconvenience or property damage to any Person, 
  • Transfer or assign your rights or obligations in connection with any Services or Application, or allow third parties to use or otherwise access your Account, 
  • Modify, sell, resell, copy, license, lease, sublicense, transfer, assign, market, distribute or commercially exploit the Services or the Application, 
  • Launch, create or otherwise perform any action which causes the intention of the Agreement – including the intention that there be only a single user able to access an Application from a single device – to be circumvented (such prohibited actions would include, without limitation and by way of example, installing, creating or using any programs, scripts or internet links which are capable, directly or indirectly, of making multiple server requests per second or which mirror any Services or the Application on more than the one device controlled by you); 
  • Deploy any programs, scripts or technologies for the purpose of scraping, indexing, surveying, or otherwise data mining any of the Services, or impairing, unduly burdening or unduly impeding any aspect, operation or functionality of any of the Services or any of their related systems or networks; 
  • Access the Services from an unauthorized or incompatible device, it being your obligation to ensure, amongst other, that you have downloaded the correct version of an Application for your device and can operate such Application from same, and that you are accessing the Application from an authorized access point (note that devices modified contrary to the manufacturer’s software or hardware guidelines are not compatible mobile devices); 
  • Use or otherwise access any of the Services: (i) to send or store any unlawful material or for fraudulent or unlawful purposes, (ii) in any way that interrupts, damages, impairs or renders less efficient any of the Services or the network, or compromises any of the Services or network in any way whatsoever, (iii) to cause nuisance, annoyance or inconvenience, (iv) to transfer files that contain viruses, Trojans, worms or other harmful programs, codes, files, data or similar, (v) to access or attempt to access the accounts of other Users or to penetrate or attempt to penetrate any security measures or obtain unauthorized access to the Services or network, (vi) to disseminate any content which is defamatory, obscene or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on any basis, including on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise, or (vii) to advertise or promote any products or services which have not been authorized in writing by the Company; or 
  • Reverse engineer, decompile, disassemble, unencrypt, make derivative works based upon, or reproduce any of the Services or the Application for any purpose (whether or not such purpose is competitive). 


You shall not cause or permit any Person in performing any of the Prohibited Actions. You must comply with the implementation and use requirements contained in all documentation associated with the Application, and you will be liable for all resulting damages suffered by you, the Company and third parties if you fail to comply.



12.  FEEDBACK

The Company is free to use any comments, information, ideas, concepts, reviews, recommendations, suggested improvements, techniques or any other information or material contained in any communication you may send to the Company at any time and from time to time (collectively, “Feedback”) through the Services (including, without limitation, via any Channel), without further compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, and marketing products, and creating, modifying or improving any of the Services. Furthermore, by submitting any Feedback to Company, or in responding to questionnaires, you grant Company a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.



13.  RELEASE

In the event that you have a dispute with one or more Buyers or Sellers, you agree to release the Company’s Indemnitees from any and all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Buyers and/or Sellers or to your use of or participation in the Services. The Company reserves the right, but has no obligation, to monitor disputes between you and other Buyers or Sellers.



14.  DISCLAIMER

  • Our app/website is provided on an as-is and as-available basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the app/website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the app’s/website’s content and we will assume no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content, (b) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (c) any interruption or cessation of transmission to or from the app/website, (d) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the app/website by any third party, and/or (e) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the app/website. 
  • The services are provided “as is” and “as available.” The Company disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. The Company does not guarantee the quality, suitability, or ability of Sellers. You agree that the entire risk arising out of your use of the Services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.


15.  INDEMNITY BY YOU

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless the Company and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including lawyers’ fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of these Terms and Conditions.



16.  LIMITATIONS OF LIABILITY

  • In no event shall we be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of or inability to use the app/website, even if we have been advised of the possibility of such damages.
  • The Company shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Buyer or Seller, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. In no event shall the Company accept liability for any disputes that may occur in connection with the Services. Buyers and Sellers shall be responsible for their own actions.   
  • The Company’s platform may be used by Buyers to request and schedule services with Sellers registered on our platform, but you agree that the Company has no responsibility or liability to you related to any service provided to you by Sellers other than as expressly set forth in these Terms and Conditions.
  • The limitations and disclaimer in these Terms and Conditions do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.


17.  LEGAL AND REGULATORY REQUIREMENTS

You acknowledge and agree to comply at all times with all Applicable Laws, including any laws, rules and regulations , applicable orders, decrees and judgments whenever you access Services. Additionally, by using the Services, you acknowledge that the Company is or may be subject to legal, statutory and regulatory requirements, as well as policies and directives issued by bodies and other Persons mandated to regulate the industry, which are in effect at any time and from time to time (collectively, the “Industry Requirements”). Notwithstanding anything else in the Agreement, you hereby consent to and agree that the Company may perform any action regarding Users (including yourself) which is or are required, in the discretion of the Company, to enable its compliance with, or any of its affiliates’ or licensors’ compliance with, Industry Requirements (including, without limitation, any Industry Requirements which require or favor integration with, or data sharing with, third parties).



18.  CAPACITY AND LEGAL AGE

By accessing the Services, you agree to use the Services in accordance with these Terms and all Applicable Laws. In addition, you represent, warrant, acknowledge and agree at all times that you access the Services, that:

  • You are an individual and have the unrestricted right, authority and capacity to enter into the Terms and to abide by the terms and conditions of the Terms; 
  • The Services are made available to you solely for your personal and non-commercial use; 
  • You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (if different than 18), and possess the qualities which are required under Applicable Laws for you to enter into and be bound by the Terms and access the Services (any Person satisfying the requirements of this item (c) being hereafter referred to as a “Capable Person of Legal Age”) ; 
  • You shall not export the Services directly or indirectly; 
  • You will use the Services only for lawful purposes; 
  • You will not upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, impair, delay, limit or harm, the functionality of the Services or any computer software or hardware or telecommunications equipment associated with the Services; 
  • You will not impersonate any Person or otherwise misrepresent your affiliation with any Person, including, without limitation, any Person affiliated with the Service; 
  • You will not interfere with the servers or networks connected to any portions of the Services or violate any of the procedures, policies or regulations of networks connected to the Services; and 
  • You will not interrupt, impair, delay, limit or harm any of the Services  in any way whatsoever. You hereby acknowledge that the obligations of the Company under the Terms shall in all respects remain conditional upon (i) your compliance at all times with the terms, conditions and covenants of the Terms (iii) the continued accuracy of all representations and warranties made by you under the Terms; and (iii) the continued accuracy of the information supplied by you at the time of your registration for any Service and during any subsequent update of same. 

Please note that there are risks of dealing with individuals who are not Capable Persons of Legal Age or Persons acting under false pretense, and we do not accept responsibility or liability for any content, communication or other access of the Services by any such Persons. Notwithstanding anything else provided in the Terms, the Company may immediately terminate, suspend access to, deny, or cease to offer any of the Services, in whole or in part, at any time and for any reason.



19.  TERMINATION

You may cancel your subscription with the Company at any time by simply closing your account in accordance with the instructions made available to you on the Application or through any platform by or through which Services are provided. Notwithstanding anything to the contrary, the Company may restrict, suspend or terminate this Agreement, the Services and/or your access to the Services in its sole discretion, with or without cause, at any time. In the event of any termination of the Agreement, in whole or in part, you and the Company acknowledge and agree that any term which is by its nature intended to survive termination or that is reasonably necessary to accomplish or enforce the purpose of these Terms will survive any termination of these Terms or your use of the Service and remain in effect thereafter in accordance with their terms. Additionally, the Company shall be entitled to continue to use the information then obtained or made available to it in accordance with the Privacy Policy. For avoidance of doubt, but without limiting the foregoing, any terms set forth in this Agreement pursuant to which any liability or responsibility of Company and/or any other Company Indemnitee is limited or disclaimed by any of them, shall survive the termination of this Agreement for any reason.



20.  ADDITIONAL TERMS APPLICABLE TO SELLERS

  • Purpose; Seller Rights. Notwithstanding anything else contained in the Agreement, you shall not use the Services for any purpose other than to enable Buyers to request and manage their requests for services (and pay for same using the Application); the whole subject to the restrictions and prohibitions set forth hereinabove in the Terms. You shall comply with all applicable rules, laws and regulations when accessing the Services. It is up to each Seller to decide whether or not to offer a service to a Buyer contacting him or her through the services, and it is up to the Buyer to decide whether or not to accept a service from any Seller contacted through the services. Any decision by a user to offer or accept services once such user is matched through the services is a decision made in such user’s sole discretion. Each service provided by a Seller to a Buyer shall constitute a separate agreement between such persons.
  • Additional Seller Representations and Warranties. In addition to the representations and warranties set forth in the Terms, and without limiting the same, by accessing any of the Services (including any time you accept a request to provide a service sent to you by a Buyer) you represent and warrant that you have the appropriate skills to provide such  services to such Buyers. You acknowledge and agree that you must comply with the requirements set forth in this paragraph at all times, failing which you must immediately cease all use of the Application.
  • Reporting Information. In relation to the reporting information that the Company provides, the Company uses all reasonable endeavors to ensure that such information is accurate; however, the Company cannot guarantee that it will always be accurate. Consequently, you should use your own judgment when acting on the basis of information provided by the Company or on its behalf.
  • Buyer Conduct. The Company is not responsible for the behavior, actions or inactions of buyers. Any contract for the provision of services is between you and the user of such services, and not the Company or any of its affiliates. You acknowledge hereby that the Company simply provides a platform to introduce Sellers and Buyers and facilitates payments.
  • Payment. As a Seller, you may receive fees from the Company, which it sets in its sole discretion. The Company will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law. The Company reserves the right to withhold all or a portion of fees if it believes that you have attempted to defraud or abuse the Company or the payment systems it uses (whether or not such payment systems are managed by an affiliate or third party). You acknowledge that payment providers may ask that the Company or any of its affiliates conduct an audit of your activities to ensure compliance with payment regulations and standards, or any Applicable Laws, and you agree to co-operate fully with any such audit. You further agree that you will co-operate with the Company and any of its affiliates in relation to any financial crime screening that is required and to assist the Company or any of its affiliates in complying with any laws, regulations and Industry Requirements.

a.     WAIVERS AND ENFORCEABILITY

All waivers must be in writing. The failure of you or the Company to insist upon strict performance of any provision of the Agreement, or to exercise any right provided for herein, shall not be deemed to be a waiver for the future of such provision or right, and no waiver of any provision or right shall affect the right of the waiving party to enforce any other provision or right of the Agreement. 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.


b.     NO JOINT VENTURE

No joint venture, partnership, employment, or agency relationship exists between you, on the one hand, and the Company as a result of the Agreement or use or other access of any of the Services.


c.     ASSIGNMENT AND TRANSFER

The Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent and without notice being delivered to you, by the Company. The Company may assign or otherwise transfer any of its rights and/or obligations, or otherwise transfer or delegate the performance of any one or more obligations under the Agreement, at any time and from time to time, in its sole discretion and without prior written consent of or notice to User being required.


d.     DISPUTE RESOLUTION

You and the Company agree that the Agreement and any dispute of any sort that might arise between you and the Company (or you and any affiliate of the Company) shall be governed by and construed in accordance with the laws of Kenya applicable therein, without giving effect to its conflict of laws principles or rules. You hereby irrevocably submit to the non-exclusive jurisdiction of any Kenyan court, in any action or proceeding arising out of or relating to this agreement and irrevocably agree that all claims in respect of such action or proceeding may be heard and determined in such court. You and Company agree that a judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing herein contained shall affect the right of the Company to serve legal process in any other manner permitted by law or to bring any action or proceeding against you or your property in the courts of other jurisdictions. 


e.     COMPLETE AGREEMENT

The Terms, as amended or supplemented at any time and from time to time in accordance with the Terms, comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter of the Agreement.



21.  CHANGES

The Company reserves the right, from time to time, with or without notice, to change these Terms and Conditions in its sole and absolute discretion. All changes to the Terms and Conditions will be effective and binding upon you once they are displayed or posted in accordance with this paragraph. You acknowledge and agree that it is your responsibility to ensure that you are aware of the most current Terms and Conditions. If any substantial changes are made to these Terms and Conditions, the Company will notify you by displaying the new Terms and Conditions within the Application or by posting them on the app (or any other Company-authorized web interface or website). The most current version of these Terms and Conditions can be viewed at all times by visiting our website. The most current version of these Terms and Conditions will supersede all previous versions. If you do not agree to any change to these Terms and Conditions, you must immediately cease using the Services and delete the Application from your device(s).

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