TERMS AND PRIVACY

TERMS AND CONDITIONS

Last updated 12th April 2019


1. Contractual Relationship: These Terms of Use (“Terms”) govern the access or use by you, an individual, from within Nairobi, website, social media platforms, content, products, and services (the “Services”) made available by Mamasafi Instant Laundry and Homecare services Private Limited Company established in the Nairobi, Kenya in accordance with the Company's act, 2015 under number PVT-GYUQZGE. ("Mamasafi") PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Mamasafi. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Mamasafi may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Our collection and use of personal information in connection with the Services is as provided in Mamasafi’s Privacy Policy located at mamasafi.com/legal. Mamasafi may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a cleaning professional or a cleaning company) and such information or data is necessary to resolve the complaint, dispute or conflict. 2. The Services The Services constitute a technology platform that enables users of Mamasafi’s website provided as part of the Services (each, a “Service Platform”) to arrange and schedule cleaning services with independent third party providers of such services, including independent individual third party cleaning services providers and independent third party cleaning company under agreement with Mamasafi or certain of Mamasafi’s affiliates (“Third Party Providers”). Unless otherwise agreed by Mamasafi in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT MAMASAFI DOES NOT PROVIDE CLEANING OR WASHING SERVICES OR FUNCTION AS A HOME CARE AND THAT ALL SUCH CLEANING OR HOME CARE SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY MAMASAFI OR ANY OF ITS AFFILIATES. License. Subject to your compliance with these Terms, Mamasafi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Servive Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Mamasafi and Mamasafi’s licensors. Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Mamasafi; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Provision of the Services. You acknowledge that portions of the Services may be made available under Mamasafi’s various brands or request options associated with Cleaning or Washing, including the social media usernames currently referred to as “Mamasafi,” “Mamasaficare,” and “Mamasafi KE”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Mamasafi’s subsidiaries and affiliates; or (ii) independent Third Party Providers, including Cleaning company professionals, cleaning permit holders or holders of similar cleaning permits, authorizations or licenses. Third Party Services and Content. The Services may be made available or accessed in connection with third party services and content (including advertising) that Mamasafi does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Mamasafi does not endorse such third party services and content and in no event shall Mamasafi be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Ownership. The Services and all rights therein are and shall remain Mamasafi’s property or the property of Mamasafi’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Mamasafi’s company names, logos, product and service names, trademarks or services marks or those of Mamasafi’s licensors. 3. Your Use of the Services User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Mamasafi certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Mamasafi’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Mamasafi in writing, you may only possess one Account. User Requirements and Conduct. The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive cleaning or washing services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no cleaning of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. Text Messaging. By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Mamasafi at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. Promotional Codes. Mamasafi may, in Mamasafi’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Mamasafi establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Mamasafi; (iii) may be disabled by Mamasafi at any time for any reason without liability to Mamasafi; (iv) may only be used pursuant to the specific terms that Mamasafi establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Mamasafi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Mamasafi determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. User Provided Content. Mamasafi may, in Mamasafi’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Mamasafi through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Mamasafi, you grant Mamasafi a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Mamasafi’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Mamasafi the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Mamasafi’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Mamasafi in its sole discretion, whether or not such material may be protected by law. Mamasafi may, but shall not be obligated to, review, monitor, or remove User Content, at Mamasafi’s sole discretion and at any time and for any reason, without notice to you. Network Access and Devices. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Mamasafi does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Payment You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). After you have received services through your use of the Service Platform, Mamasafi will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, base price, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Mamasafi. You retain the right to request lower Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. Mamasafi will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated by Mamasafi using the preferred payment method designated in your Account, after which Mamasafi will send you a receipt by email or SMS. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Mamasafi may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available. As between you and Mamasafi, Mamasafi reserves the right to establish, remove and/or revise Charges for any or all service obtained through the use of the Services at any time in Mamasafi’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Mamasafi will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Mamasafi may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Service Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service Platform or the Charges applied to you. You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services provided. Except with respect to other cleaning services requested through the Service platform, Mamasafi does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by Mamasafi (on Mamasafi’s website, in the Application, or in Mamasafi’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services provided is not intended to suggest that Mamasafi provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service platform, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service platform, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. Injury or Medical Fees. You shall be responsible for the cost of medical for injury to, or necessary compensation of, Third Party Provider resulting from offering of the Services under your Account in excess of normal injuries while working and necessary medical fees for any injury caused at your premises. In the event that a Third Party Provider reports the need for compensation, and such injury compensation request is verified by Mamasafi in Mamasafi’s reasonable discretion, Mamasafi reserves the right to facilitate payment for the reasonable cost of such Injury or Medical fees compensation on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by Mamasafi to the applicable Third Party Provider and are non-refundable. LIMITATION OF LIABILITY. MAMASAFI 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 MAMASAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAMASAFI 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 THIRD PARTY PROVIDER, EVEN IF MAMASAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MAMASAFI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MAMASAFI’S REASONABLE CONTROL. IN NO EVENT SHALL MAMASAFI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED TEN THOUSAND KENYAN SHILLINGS (KES10,000). MAMASAFI’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE CLEANING OR WASHING SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT MAMASAFI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY CLEANING OR WASHING SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Indemnity. You agree to indemnify and hold Mamasafi and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Service Platform or services offered through your use of the Service Platform; (ii) your breach or violation of any of these Terms; (iii) Mamasafi’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 6. Lost Property You understand and agree that it is your responsibility to secure all your valuables before a Third Party Provider embarks on providing a service. Should you misplace your valuables in the hands of a Third Party Provider, the Third Party Provider may hand over your property to you, Mamasafi or to the Mamasafi representative office. Whilst you may expect Third Party Providers to hand over your property to you, the offices of Mamasafi or the Mamasafi representative office, Mamasafi or the Mamasafi representative office shall not be held liable in the event of the Third Party Provider not handing over your property as expected. Moreover, Mamasafi or the Mamasafi representative office shall not be liable for the loss or damage to your property. Whilst Mamasafi or the Mamasafi representative office will take reasonable steps to establish the owner of property obtained during offering of a service in the hands of a Third Party Provider if returned to the offices of Mamasafi or the Mamasafi representative office, when your property is in Mamasafi’s or the Mamasafi representative office’s possession, you understand and agree that: (i) Mamasafi or the Mamasafi representative office will only keep your property in its possession for a maximum period of three months from the date on which the Third Party Provider handed your property to Mamasafi or the Mamasafi representative office; and (ii) should you fail to collect your property from Mamasafi or the Mamasafi representative office before the expiry of the three month period stipulated, Mamasafi or the Mamasafi will be entitled to deal with your property as it deems fit and you shall have no claim whatsoever against Mamasafi or the Mamasafi representative office in respect of your unclaimed property. 7. Governing Law; Arbitration. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Kenya, excluding its rules on conflicts of laws. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration. The place of both mediation and arbitration shall be Nairobi, Kenya. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein. 8. Other Provisions Claims of Copyright Infringement. Claims of copyright infringement should be sent to Mamasafi’s designated agent. Please visit Mamasafi’s web page at mamasafi.com/legal for the designated address and additional information. Notice. Mamasafi may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Mamasafi by written communication to Mamasafi's address at Mamasafi Instant Homecare and Services, P.O BOX 45046-00100, Nairobi, Kenya. General. You may not assign or transfer these Terms in whole or in part without Mamasafi’s prior written approval. You give your approval to Mamasafi for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Mamasafi’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Mamasafi or any Third Party Provider as a result of the contract between you and Mamasafi or use of the Service Platform. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”





PRIVACY POLICY

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