Terms & Conditions
CUSTOMER TERMS AND CONDITIONS (T&CS) KAZILINKS APPLICATION
This electronic record is generated by a computer system and does not require any physical or digital signatures. By continuing usage of the Application, you consent to be bound by these T&Cs for use and access of the Application. ENSURE YOU READ AND UNDERSTAND THESE T&Cs BEFORE YOU USE ANY OF THE SERVICES OFFERED ON THE APPLICATION BECAUSE YOU SHALL BE BOUND BY ALL THE TERMS AND CONDITIONS CONTAINED HEREIN. If you do not accept any of the Customer Terms and Conditions, please don't use the Application or avail any of the Services being provided therein. YOUR AGREEMENT TO THESE T&Cs SHALL OPERATE AS A BINDING AGREEMENT BETWEEN YOU AND KAZILINK IN RESPECT OF THE SERVICES OFFERED/AVAILED USING THE SITE Subject to your compliance with these Terms, KAZILINKS grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
Access and use the Applications on your device solely in connection with your use of the Services; and
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 KAZILINKS and KAZILINKS' licensors.
WELCOME AND THANKS FOR USING KAZILINKS.
When you use our products or services, you agree to our terms, so please take a few minutes to read over the below-mentioned Terms and Conditions: PLEASE READ THESE USER TERMS CAREFULLY BEFORE DOWNLOADING OUR APPLICATION AND/OR USING OUR WEBSITE.
General terms and conditions :
The Services constitute a technology platform that enables users of KAZILINKS's mobile applications or website provided as part of the Services to arrange and schedule labor services with independent third-party service providers of such services, including independent third-party labor providers and independent third-party logistics providers. The Services are made available solely for your personal, non-commercial use.
YOU ACKNOWLEDGE THAT KAZILINKS DOES NOT PROVIDE LABOUR OR LABOUR SERVICES OR FUNCTION AS A LABOUR SERVICE PROVIDER COMPANY AND THAT ALL SUCH LABOUR, PRODUCTS, AND TECHNICAL SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS AND SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY KAZILINKS. FURTHER, KAZILINKS DOES NOT STOCK ANY PRODUCTS OR/AND PARTS, AND THE PROVIDERS OF SUCH SERVICE ARE NOT SUBSIDIARIES OR EMPLOYEES OF KAZILINKS.
All of the defined and capitalized terms in these T&Cs will have the meaning assigned to them here below :
"Account" refers to the Account created by the Customer on the Application to become a member of the KAZILINKS Community. "Applicable Laws" shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, board, or a court of Kenya. "Application" shall mean the feature/category-icon "KAZILINKS" within the mobile application "KAZILINKS" as may be updated by KAZILINKS APPLICATIONS Ltd from time to time. "ARTISAN" shall mean and include such individuals as may be evaluated and appointed by the KAZILINKS to provide the labor services. "Authorized SERVICE PROVIDER" shall mean and include such third-party individuals and Service Providers/legal entity who hold licenses and own enterprises and are independently offering and selling various services and products. "City of Operation" shall mean a city in which KAZILINKS has been launched and the Customers and Service Providers avail and render the labor services, respectively. For clarity, the services rendered by the Service Providers and availed by the Customers shall be in the same city. "Customer/ You" means a person who has agreed to our terms and conditions and has an Account on the Application. "Email ID" shall mean Your current, active and valid email id, the same being created by the Recognized Entity and used by You. KAZILINKS shall use this Email ID only for Customer verification. "ETA" shall mean the estimated time of arrival of the artisan/service provider to the site defined and provided by the customer/ You before engaging the artisan/service provider'; and it's a fixed destination. "KAZILINKS/ COMPANY/ We/ Our/ Us" means KAZILINKS APPLICATIONS LTD, a company registered under the Companies Act of Kenya and having its corporate office on the 2nd Floor Rm 5, Muguga Lane off Brookside Lane, WESTLANDS Nairobi. KAZILINKS means the mobile application is the technological platform that links Customers to Authorized artisans and service providers, and suppliers of various products and services. KAZILINKS APPLICATIONS LTD means the legal entity that owns the proprietary information in the application. "Original ID" shall mean Your current National Identification Card Number or Passport Number, an active and valid email id, your telephone number including mobile number, and your postal address, the same being registered with Us by You for using and accessing the mobile application KAZILINKS. "Recognized Entity" shall mean a validly existing legal entity carrying on the activity, which is permitted under Applicable Law, and have the power and authority to create and grant the Customer email-ids with such domain names as are registered in its name. "Registration Data" shall mean and may include the present, valid, true, and accurate name, Original ID, Email ID, age, and such other information as may be required by KAZILINKS from time to time, provided by the Customer at the time of registration on the Application. "JOB" shall mean the ASSIGNMENT by the Customer to the artisan or a service provider, facilitated through the Application. "Service(s)" means the facilitation of labor service by Service Providers through the Application within the City of Operation. "Service Provider" shall mean a Service Provider being a person and/or an Authorized supplier, offering the services or selling products as communicated by the Customer at the time of requesting the booking on the Application. "ARTISAN" shall mean an individual competent and qualified in a specified field as defined under the Labor Laws of Kenya. "You," "Your, or "Yourself" shall mean a reference to the Customer accessing the Application.
Any reference to the singular includes a reference to the plural and vice versa unless explicitly provided for otherwise, and any reference to the masculine includes a reference to the feminine and vice versa
Headings and captions are used for convenience only and will not affect the interpretation of the T&Cs.
Any reference to a natural person will, unless repugnant to the context, include his legal heirs, executors, and permitted assignees. Similarly, any reference to a juristic person such as KAZILINKS will, unless repugnant to the context, include its affiliates, successors, and permitted assignees.
You will be "Eligible" to use the Services only when You fulfill all of the following conditions.
a. You have attained at least 18 (eighteen) years of age.
b. You are competent to enter into a contract under the Applicable Laws.
c. You have a valid registered mobile number.
d. You agree to comply with our terms and conditions of use.
If You are not Eligible, please immediately abandon any and all attempts to register with Us or use Our Services.
You acknowledge that We rely entirely on the information provided by You, and We shall not be held liable if You or anyone who uses Your Account to access the Services on the Application is not Eligible to use the same.
4. Registration and Account
You understand and acknowledge that You can register on the Application only after complying with the requirements of Clause 3.1 and through a valid Email ID and your registered Telephone number.
You will be required to enter Your Registration Data on the Application, following which a verification code would be sent to the mobile number used for registration. Upon receipt of the verification link on your mobile number, You shall be required to enter the said code within 24 (twenty-four) hours of receiving the verification code to complete the aforesaid verification process. In the event of your failure to enter the code on the verification link within the above-mentioned timeline, the same would lapse, and You will have to repeat the process.
Upon completion of the verification process in accordance with Clause 4.1 above, you will be added to our platform through which you can avail of the Services offered on the Application.
To use the Application, you are required to provide Registration Data to KAZILINKS on the Application. You shall not impersonate someone else or provide account information, an email address, or any other information that is not Your own. We shall bear no liability for false, incomplete, old, or incorrect Registration Data provided by You.
In the event of any change in the said Registration Data, you agree to promptly update Your Registration Data on the Account to ensure that the communication We intend to send to You is promptly delivered to You and is not sent to any other entity/third party.
You confirm and consent to KAZILINKS storing the Registration Data provided by you for contacting you for all Service-related matters. You may promptly inform us of any change in the Registration Data supplied.
We may send any Information to you to the mobile number or email address registered with Us as Registration Data.
We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false or that the security of your Account has been compromised in any way, or any other reason we may find to do so. We also reserve the right to suspend your Account with immediate effect and for an indefinite period upon receipt of any complaint from the Service Provider.
It is your responsibility to check to ensure you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
We allow you to open only one Account in respect of one mobile number and email ID.
You will not assign or otherwise transfer your Account to any third party.
In case of any unauthorized use of your Account, you are to bring the same to Our notice promptly. In the event of such unauthorized use, please immediately reach us at email@example.com.
If you are unable to access Your Account, please inform Us at support@KAZILINKS.COM and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through your Account.
By using the Mobile Application, you further agree that :
You will download the Application for your sole, personal use and will not resell it to a third party;
You will not authorize others to use your Account;
You will not assign or otherwise transfer your Account to any other person or legal entity;
You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
You will not use the Application to cause nuisance, annoyance, or inconvenience;
You will not impair the proper operation of the network;
You will not try to harm the Application in any way whatsoever;
You will not copy or distribute the Application or other content without written permission from KAZILINKS APPLICATIONS Ltd;
You will keep secure and confidential your account password or any identification we provide you which allows access to the Application;
You will provide us with whatever proof of identity we may reasonably request;
NOTWITHSTANDING ANYTHING CONTAINED ANYWHERE IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT KAZILINKS DOES NOT PROVIDE LABOUR OR SERVICES OR FUNCTION AS A LABOUR CONTRACTOR AND THAT ALL SUCH LABOUR OR SERVICES ARE PROVIDED BY INDEPENDENT AUTHORIZED ARTISANS AND CERTIFIED SERVICE PROVIDERS AND SUPPLIERS WHO ARE NOT EMPLOYED BY KAZILINKS APPLICATIONS.
5. Rights and Obligations: Do's & Don'ts
KAZILINKS provides technology-based services for LINKING ARTISANS, CERTIFIED SERVICE PROVIDERS, AND SELLERS OF VARIOUS PRODUCTS within YOUR LOCALITY to you, and you agree to obtain such services offered by third-party providers, artisans, or sellers ("the Service Provider"). All the Services provided by KAZILINKS to you by means of your use of the booking platform are hereinafter referred to as the "Service."
KAZILINKS shall take your booking request and forward it to the Experts through GPS-GPRS-based mobile phone/ devices. The Experts shall have the sole discretion to accept or reject each bid for labor service. If the Service Provider acknowledges the booking request made by You through KAZILINKS, the GPS mobile device notifies you and provides the information regarding the Service Provider, including its name, contact number. Upon paying the agreed labor fee defined by the experts.
KAZILINKS shall make reasonable efforts to bring you in contact with the Service Provider in order to obtain services subject to availability of the Service Provider in or around your location at the time of your booking request made.
For the avoidance of doubt, it is clarified that the Company itself does not provide technicians, laborers, goods, and/or services. It is the Service Provider who shall render the labor service and/or sell goods to you. Upon selection of the preferred experts
Kazilinks will receive the quoted labor charges on behalf of the expert upfront. The expert will be obliged to attend/render the requested Service
You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
You will comply with all applicable laws;
You will treat the artisan and other providers/suppliers introduced to you through us with respect and not to cause damage to their tools and/or equipment or engage in any unlawful, threatening, harass, abusive behaviour or activity while at your premises/site or delivering the goods and/or Service;
You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
Please note that we are not responsible for the behavior, actions, or in-actions of the artisan, service provider, and suppliers or the quality of goods and services which you may use. Any Contract for the provision of labor services or products is between you and the providers/artisans and not us. We provide a platform to introduce the labor force/artisan and user/you.
A booking can be made only through any of the Kazilinks Application platform. You understand and undertake that the use of the Application is only for Your personal Purpose. You shall not be allowed to book jobs on behalf of others.
You warrant that the information you provide to the Company is accurate and complete. The Company is entitled to at all times verify the information that you have provided. You may only access the Service using the authorized means. It is your responsibility to check to ensure you download the correct mobile application for your device or visit the right portal. The Company shall not be liable if you do not download the correct mobile application or visit the appropriate web portal
You acknowledge that there may be a delay in the arrival of the technicians or any service provider/supplier to Your destination and that You shall have no claim against KAZILINKS in this regard.
You shall not use the Service for emergency hospital visits when You are in a condition of serious ill health or any other case of emergency or urgency or any other situation of a similar nature. In the event that You choose to do so, You do so against the provisions of these T&Cs and acknowledge that KAZILINKS shall have no obligation in this regard.
You are required to ensure that the artisan service provider or supplier assigned to You in the manner provided in the T&Cs bears the same identity and the registration details specified to You through the Application and/or SMS
You represent to KAZILINKS that while using the Service and during service or products delivery and/or installation at your premises/site, You shall (a) behave in a disciplined and decent manner; (b) refrain from disturbing, misbehaving, or in any other manner adversely affecting the quality of the works and the Service Provider/supplier- and that you will honor all payments agreements promptly.
No change in site location shall be allowed once the Application confirms the booking.
You will comply with all applicable laws from your home nation, the country, state, and/or city in which you are present while using the Application.
The Company reserves the right to terminate the use of the Application immediately should you not comply with any of the above rules.
I am aware that requesting Service for a job will allow me to have the artisan or supplier/providers into my premises, and I will abide by the rates given in the app (KAZILINKS) to pay that person who is working on my site or delivering goods/services to me.
6. General Customer behavior while engaging Labour force and the Service Providers/Supplier network
You shall maintain reasonable behavior while utilizing the Services offered by the Service Provider.
You shall take full responsibility for your items. In case of lost items during the job, We will try to locate the items on a "best-effort" basis, but We shall not be responsible for the same in case of any losses or damages arising out of such lost items. It is your responsibility to provide all-risk insurance cover at your site and that you indemnify Kazilinks Applications Ltd from any legal suits emanating from the use of any providers, suppliers, or artisan on our platform or any associated or imaginable damages in the process of the job execution at your site/premises
You shall ensure that :
You avoid talking loudly over the phone;
You do not use foul language to our artisans and service providers/suppliers ;
You do not share Your personal information with the Service Provider.
You will provide a mature, responsible sane person at your site during the installations by the technicians in case of your absence from the site.
You maintain decorum handling our service providers/suppliers;
You keep your belongings safe and always provide someone on-site in case of a sensitive installation or privacy safeguards needed.
You shall ensure that You will not:
Ask the Service Provider to break any laws and/or government rules for any purpose.
Pressurize the Service Provider to execute any unrelated tasks other than the ones specified in the booking unless it's a new job and mutually agreed between the parties beforehand;
7. Use of Application
You agree, undertake and confirm that The following binding principles shall strictly govern your use of the Application:
You may use the Website and Application for lawful purposes only.
You shall not host, display, upload, modify, publish, transmit, update or share any information that :
belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of the Application or any other individual's use and enjoyment of similar services or
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or
unlawfully harassing another user; or
is misleading in any way; or
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
infringes upon or violates any third party's rights, [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number)]; or
contains restricted or password-only access pages, or hidden pages or images (those not linked to the Application or from another accessible page); or
provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; or
provides instructional information about illegal activities such as making or buying illegal weapons, violates someone's privacy, or providing or
creating computer viruses; or
contains video, photographs, or images of another person without their express written consent and permission, or the consent or the consent of his her guardian in the case of a minor; or
tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable codes of conduct or end-user access and license agreements) to the Applications or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Applications or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
engages in commercial activities and/or sales without Our prior written consent, including activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items. [Throughout these T&Cs, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization]; or
refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Application, or contains content that would be prohibited or violates the letter or spirit of these T&Cs; or
harm minors in any way; or
is fraudulent or involve the sale of counterfeit or stolen items; or
violates any law for the time being in force; or
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
exhibits the tenor of impersonating another person; or
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personally identifiable information or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application; or
threatens the unity, integrity, defense, security or sovereignty of Kenya, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation; or
is false, inaccurate, or misleading; or
directly or indirectly, offer, attempt to offer, trade or try to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Application or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application. We reserve the right to bar any such activity.
You shall not copy, distribute or disclose any part of the Application in any medium.
You shall not attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Application.
You shall not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on Our infrastructure.
You shall not upload invalid data, viruses, worms, or other software agents through the Application.
You shall not collect or harvest any personally identifiable information, including account names, from the Application.
You shall not use the Application for any commercial purposes without having all necessary rights and licenses to the content.
You shall not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.
You shall not interfere with the proper working of the Application.
You shall not access any content on the Application through any technology or means other than those capabilities provided by the Application..
You shall not bypass the measures we may use to prevent or restrict access to the Application, including without limitation features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Application or the content therein.
You shall not access any content on the Application through any technology or means other than those capabilities provided by the Application.
You shall not bypass the measures we may use to prevent or restrict access to the Application, including without limitation features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Application or the content therein.
You shall not probe, scan or test the vulnerability of the Application or any network connected to the Application nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Application, or any other customer of KAZILINKS, including any of Our accounts not owned by You, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the Purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Application.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Application or Our systems or networks, or any systems or networks connected to the Application.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal. You send to Us on or through the Application or any service offered on or through the Application. You may not pretend that You are, or that You represent, someone else or impersonate any other individual or entity.
You shall not use the Application or any Content for any purpose that is unlawful or prohibited by these T&Cs as well as the Applicable Law and/ or to solicit the performance of any illegal activity or other activity that infringes the rights of KAZILINKS or others.
You shall not use the Services or the Application in any manner that could damage, disable, overburden, block or impair any of the servers connected to the Application. You may not attempt to gain unauthorized access to the Services through hacking, password mining, or any other means.
You shall not reverse engineer, decompile and disassemble any software used to provide the Services.
You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about us or the brand name or any domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation of KAZILINKS on Our platform or otherwise tarnish or dilute any of Our trade or Service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.
Solely to enable Us to use the information so that We are not violating any rights You might have with respect to Your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known.
You shall not engage in advertising to, or solicitation of, other users of the Application to buy or sell any products or services, including, but not limited to, services being displayed on or related to the Application. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Application. It shall be a violation of these T&Cs to use any information obtained from the Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Application without Our prior explicit consent. In the event of Us according consent to a person to advertise through Our Application, We may, in order to protect Our users from such advertising or solicitation, reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period, the same being subject to Our sole discretion.
You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Application) as necessary to satisfy the Applicable Law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right but have no obligation to monitor the materials posted on the Application. We shall have the right to remove or edit any Content that in our sole discretion violates, or is alleged to violate, any Applicable Law or either the spirit or letter of these T&Cs. Notwithstanding this right of KAZILINKS APPLICATIONS LTD, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE SITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Our views. In no event shall We assume or have any responsibility or liability for any content posted or for any claims, damages, or losses resulting from the use of the content and/or appearance of content on the Application. You hereby represent and warrant that You have all necessary rights in and to all content You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
8. Content Posted on Application and Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content, contained on the Application is owned, controlled or licensed by or to Us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and may not be copied, imitated or used, in whole or in part, without the prior written permission of KAZILINKS.
Except as expressly provided in these T&Cs, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.
You may use the information on Our services that have been made available by Us for downloading from the Application, provided You:
do not remove any proprietary notice language in all copies of such documents; or
use such information only for Your personal, non-commercial informational Purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
make no modifications to any such information; or
do not make any additional representations or warranties relating to such documents.
All trademarks, brands and service marks used in connection with the Application or Services offered are owned by KAZILINKS APPLICATIONS Ltd and is KAZILINKS APP Ltd's property; KAZILINKS owns all copyrights and intellectual property rights and database rights in connection with the Services and the Application. For the use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use. Third-party trademarks may appear on this Application, and all rights therein are reserved to the registered owners of those trademarks.
You agree to abide by laws pertaining to copyright, trademark, patent, and trade secret ownership and use of intellectual property, and You shall be solely responsible for any violations of any Applicable Laws and for any infringements of any intellectual property rights caused by the use of the interface/Application.
You shall be responsible for any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files, or other materials or information posted or transmitted to the Applications ("Posted Content"). Such Posted Content will become Our property and You grant Us the royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Application and KAZILINKS APPLICATIONS Ltd's (and its successors' and affiliates') business. We shall be entitled to use the Posted Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Posted Content. You agree that any Posted Content may be used by Us in the manner that We deem fit, consistent with Applicable Laws, and You are not entitled to any payment or other compensation for such use of Posted Content by Us. KAZILINKS APPLICATIONS Ltd takes no responsibility and assumes no liability for any content posted by You ("User Content) that You or any other user or third party creates, stores, shares, posts, or sends through the Application. You shall be solely responsible for Your User Content and the consequences of posting, publishing it, or sharing it. You agree that We are only acting as a passive conduit for Your online distribution and publication of Your User Content. If Your User Content violates these T&Cs, You may bear legal responsibility for that content.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." KAZILINKS 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, KAZILINKS 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. KAZILINKS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
9. Booking Process
You may download the Application on Your device for availing of the Service, and the Service shall be available only through the Application. For making a booking, you will be required to select field/expertise, enter the SITE/JOB address/location, a detailed description of the task at hand on the booking screen of the Application.
The site address will be fixed to your location at the time of making the booking and will be non-editable. Interested experts will respond with quotes. If you agree to use a particular artisan/ provider/supplier, and you are agreeable with the rate they charge for their services/product, then confirm the booking. Upon selecting the preferred expert, a booking confirmation screen pops up, which will display the ETA and the expert's contact details. In the event it has insufficient funds, you will be prompted to top up your wallet.
10. Sharing of Information
By opting-in for KAZILINKS Services, you agree to be located and provide consent for the mobile operator to release their location information to KAZILINKS for the provisions of honoring your job/service request. KAZILINKS does not share information regarding your location with any Third Party.
11. Confirmation of booking
Please note that You are required to book the "job and give a brief description of the task to be done" before You click the 'send request' icon and make all alterations or changes to the site location before clicking the 'send request' button. In the event the booking is confirmed from Our end, You shall check the booking details like ETA, site location, and /or other details as KAZILINKS may deem fit, and if there are incorrect details, the exact needs to be informed to Us immediately. You shall be responsible for immediately reporting the errors, if any, that may have occurred in the information sent to You regarding a booking confirmation. You shall bear the consequences and damages for any delay that may be caused to you due to Your failure to check the confirmation SMS/email or failure to inform Us of the incorrect details immediately.
You may, upon availing or attempting to avail the Services, receive SMS messages on Your mobile phone from Us regarding the following: (i) confirmation of booking - including artisans/provider/supplier name and the ability to contact the Service Provider by telephone; (ii) Service Provider declining Your booking; (iii) total fees to be paid. (iv) the job starts key to be given to the technician to help us identify you have the right person on site. However, the above list is not exhaustive in nature, and You may receive additional and different messages from Us. You hereby understand, agree, and consent to the receipt of such messages from Us.
Upon Your booking being processed and confirmed via Application, e-mail, and SMS, You will receive a start code which you must give the technician to "start the job" notification on Your mobile phone. The Service Provider shall be under no obligation whatsoever to wait for You after arriving on site. In case of any delay caused by You in arriving at the site and the provider leaves the area due to your unreadiness, You shall have no claim against KAZILINKS or the Service Provider, and KAZILINKS shall not be held liable in any way whatsoever.
You may choose to pay for the Services by either of the following methods :
Mobile payment: KAZILINKS will facilitate your payment of the applicable Charges on behalf of the Service Provider as a limited payment collection agent. Mobile payment for jobs shall be made to Us at the time the job starts through an e-wallet, i.e., MPESA or other third party powered by one or more payment processors ("Payment Processors"). When You choose to make an online payment, We shall collect the payments on behalf of the Service Provider who will be responsible for providing the labor services. You acknowledge that collecting the payments on behalf of the Service Provider in no way implies that the labor services are being provided to you by us.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.
We will generate an invoice on behalf of the artisan/provider servicing your job request, which will be sent across to Your Original ID after completing the JOB. The Invoice shall be indicative of all applicable charges, including but not limited to the surcharge, toll charges, right time charge, wait time charge, service tax. Any payment made is non-refundable.
As between you and KAZILINKS, KAZILINKS reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in KAZILINKS's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. KAZILINKS 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.
13. Waiting policy
The SERVICE PROVIDER shall wait only for 20 (Twenty) minutes for the Customer at the site location. If the Customer does not give access to start the job in twenty minutes of arrival, then the SERVICE PROVIDER/KAZILINKS may cancel the booking and leave the site/premises.
14. Cancellation policy
You may suspend or defer the job booking as early as possible without any charges. This applies where the site survey by a technical expert indicates the need for suspending the job, but not associated with lack of approvals and legal technicalities; instead, the need for the purchase of parts or equipment or other site preparations before the commencement of the job is inevitable and is so confirmed and documented by the artisan/provider.
15. Other businesses
We do not take responsibility or liability for the actions, products, content, and services on the Application, which are linked to affiliates and / or third-party websites using Our APIs or otherwise. In addition, We may provide links to the third-party websites of affiliated companies and certain other businesses for which, We assume no responsibility for examining or evaluating the products and services offered by them. We do not warrant the offerings of any of these businesses or individuals or the content of such third-party website(s). We do not in any way endorse any third-party website(s) or content thereof.
16. Termination and expiry of the Account
We reserve the right to modify, terminate or suspend Services to You at any time without prior notice due to any changes in internal policy or the Applicable Laws or any breach of these T&Cs by You or for any reason whatsoever. You can exit Your Community/Registered Community/Deemed Community/Open Community using the Application and/or terminate your account by submitting a request to Us at support@KAZILINKS.com. We will make every effort to respond to Your request for termination at the earliest. You will remain responsible for all transactions that occurred prior to the termination of Your Account.
Except for our limited role in providing you a technological link and platform for jobs booking facility that You authorize or initiate, We are not involved in any underlying transaction between you, any Service Providers, or other third parties.
We are not a selling agent in relation to any sale of goods or services to you by any Service Provider or any other third party.
We shall not be liable for the quality, safety, reliability, legality, delivery, or any other aspect of any service that you may avail using the Application.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
We do not guarantee and do not promise any specific results from using the Application and/or the Services, including the ability to avail the Services at any particular location or time.
We disclaim all warranties of any kind, whether express or implied, including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the foregoing paragraph, We do not warrant that:
This Application will be constantly available, or available at all; or
The information on this Application is complete, true, accurate, or non-misleading; or
This Application; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Application; their servers; or electronic communication sent from Us are free of viruses or other harmful components; or
Content on the Application constitutes, or is meant to constitute, advice of any kind;
KAZILINKS 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. KAZILINKS 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.
KAZILINKS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND KAZILINKS'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY LABOUR PROVIDERS (SERVICE PROVIDERS) PROVIDING LABOUR SERVICES REQUESTED THROUGH THE APPLICATION ARE DOING SO AS INDEPENDENT CONTRACTORS AND IN THEIR CAPACITY AND ARE NOT EMPLOYEES OR AGENTS OF KAZILINKS APPLICATIONS LTD. ACCORDINGLY, IN NO EVENT SHALL KAZILINKS APP. LTD BE LIABLE FOR ANY LOSS, ACTION, DAMAGE, INJURY, THEFT, DEATH, OR GRIEVOUS HARM THAT MAY RESULT AS A CONSEQUENCE OF YOU USING THE SERVICES.
IN ANY EVENT, KAZILINKS' TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION SHALL NOT EXCEED KENYA SHILLINGS ONE THOUSAND (KSHS 1000).
KAZILINKS MAY BE USED BY YOU TO REQUEST AND SCHEDULE LABOUR SERVICES WITH THIRD-PARTY PROVIDERS. HOWEVER, YOU AGREE THAT KAZILINKS HAS NO RESPONSIBILITY OR LIABILITY TO RELATE TO ANY LABOUR, GOODS, OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
Your correspondence or business dealings with, or participation in promotions of, third-party advertisers found on or through the Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Application.
KAZILINKS shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of labor/supplies/service offered by Service Provider/supplier or due to the failure of Service Provider/supplier to provide Services/gods to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of KAZILINKS or any person or any organization involved in the above-mentioned systems
You acknowledge that while KAZILINKS employs specific quality control measures, KAZILINKS does not and cannot exercise control over the quality or safety of the labor/serves/products that are made use of by You through the Services
KAZILINKS will not be liable for any damages of any kind arising from the use of the Service offered by the Service Provider including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
KAZILINKS will take all reasonable measures to ensure that Service Provider should fulfill his duty properly, but there may be exceptions, and if any client/user/You is inconvenienced, KAZILINKS will not be held liable. The Customer is advised to make alternate arrangements in case the artisan/provider has not reached due to any reason.
The services, and any claim resulting from the same, while requested through the Application, remains the responsibility of the Service Providers, and KAZILINKS shall not be liable for any conduct of the Service Providers. KAZILINKS encourages You to notify any complaints that You may have against the artisan/provider/supplier that You may have booked/contracted using the KAZILINKS's platform.
KAZILINKS is not responsible for the conduct, whether online or offline, of any other user of the Application or Services. By using the Application and the Services, You agree to accept such risks and acknowledge that KAZILINKS is not responsible for the acts or omissions of other users.
All the artisans/service providers/product suppliers with the KAZILINKS platform are continuously tracked using GPS for security reasons only. It is expressly made clear to You hereby that KAZILINKS does not own any artisan/providers/stockist, nor does it directly or indirectly employ any of the Service Providers for the services/products. KAZILINKS disclaims any and all liability in respect of the Service/Product Providers and the artisans alike.
The location data available on the Application is basic in nature and meant to provide guidance to artisan/providers/suppliers only. You acknowledge that it is not intended to be relied upon in situations where precise location information is required or where erroneous, inaccurate, or incomplete data may lead to death, personal injury, property, or environmental damage. KAZILINKS does not guarantee the availability, accuracy, completeness, reliability, or timeliness of location data displayed.
We do not authorize anyone to make a warranty on Our behalf, and You may not rely on any warranty statement as a warranty by Us.
KAZILINKS and its representatives, officers, employees, agents, and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs), or liability arising directly or indirectly from Your use or non-use of the Service or the Application, or Your reliance upon the Service or the information contained upon the Application (whether arising from KAZILINKS or any other person's negligence or otherwise).
We do not warrant that Your use of the Application or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet Your requirements, that any defects in the Application will be corrected, or that the Application is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Application or Services.
17. Privacy and Security
You acknowledge that the information made available by you on the Application, including location data, may be accessible to certain other application users.
You hereby expressly consent to receive communications from us through your registered phone number and/or Original ID. You consent to be contacted by us via phone calls and/ or SMS notifications. You agree that any communication so received by you from us will not amount to spam or unsolicited communication.
You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account and the Application, whether initiated by You or any third party. The password and other details of the Account should not be shared with any third party. Your Account is non-transferable and is not capable of being sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without Your knowledge.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Application and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You on the public forum due to Your use of the Application, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Application, You acknowledge and agree that we shall not be responsible for the use of any personal information that you publicly disclose or share with others on the Application. Please carefully select the type of information that you publicly disclose or share with others on the Application, or from the Application on other social platforms
18. Notices And Communication
Any notice or notification in relation to these T&Cs which You wish to make to Us must be made in writing to :
Attn: Team KAZILINKS
Address: Address: 3rd Floor, Fortis Towers, Westlands, Nairobi
All Your communication with Us will be of a professional nature only. You will not contact Us to harass, intimidate or threaten any person, or to promote any cause, which You may support.
19. Indemnity and Limitation of Liability
You will defend, indemnify and hold harmless KAZILINKS and each of its affiliates (and its respective employees, directors, agents, and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to the use or misuse of Services or any violation of these T&Cs..
For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR ACCOUNT WITH THE APPLICATION. IN NO EVENT SHALL KAZILINKS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, INCLUDING LOST PROFITS, ONWARD JOURNEY, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
20. Force Majuere
We shall not be liable for any failure to perform any obligations under these T&Cs if the performance is prevented, hindered, or delayed by a Force Majeure Event, and in such case, its obligations shall be suspended for so long as the Force Majeure Event continues.
For the purpose of this clause, "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of KAZILINKS.
Our failure, delay, or omission to exercise or enforce any rights or provisions of these T&Cs will not constitute a waiver of such rights or provisions. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions. Any claim in relation to Services or T&Cs should be filed within 3 (Three) months from when the cause of action arose. Any claims filed beyond this time period shall be barred.
22. Revision of T&Cs
We reserve the right to change any of the T&Cs or any policies or guidelines governing the Application or Services at any time and at Our sole discretion. Any changes will be effective upon posting the revisions on the Application, and We may send You an automated e-mail to Your Original address informing you about the changes made.
Unless otherwise specified by Us, revised T&Cs will take effect automatically and be binding from the day they are posted on the Application. By continuing to access or use Services, You will be deemed to have agreed to accept and be bound by such revised T&Cs. If You do not agree to the revised T&Cs, You should discontinue accessing Our Application or using Our Services immediately.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these T&Cs, at any time without any prior written notice to You. It is Your responsibility to review these T&Cs periodically for updates/changes. Your continued use of the Application following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these T&Cs, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Application.
23. Customer Grievance Redressal Policy
If You are not satisfied with the quality of Service (s) offered or have any other complaints or grievance, please contact Our customer care at firstname.lastname@example.org
If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.
25. Governing Law and Dispute Resolution
Any dispute within Kenyan jurisdiction, controversy, or claim arising out of or relating to this T&Cs or the validity, interpretation, breach, or termination thereof ("Dispute"), including claims seeking redress or asserting rights under the Applicable Law, shall be amicably settled through mutual consultation and escalation at such offices of KAZILINKS as KAZILINKS may designate. If the Dispute is not settled amicably as aforesaid within a period of 14 (Fourteen) calendar days, the matter would be referred to arbitration in accordance with the provisions of the Arbitration Act of Kenya. The arbitration shall be presided over by a sole arbitrator mutually appointed by the Customer and us.
The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Nairobi.
The arbitration proceedings shall be conducted in the English language. The venue for the arbitration proceedings shall be Nairobi. These T&Cs shall be governed by and construed in accordance with the laws of Kenya, and you and we agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Nairobi Kenya only. Any dispute out of Kenya Jurisdiction shall be in accordance with International Arbitration Law. The proceedings to be in English and conducted in Nairobi, Kenya.
These T&Cs shall be governed by and construed in accordance with the laws of Kenya, and you and we agree and undertake that any controversy or claim arising out of or relating to these T&Cs will be adjudicated exclusively before a competent court in Nairobi Kenya only.
Any dispute out of Kenya Jurisdiction shall be in accordance withInternational Arbitration Law. The proceedings to be in English and conducted in Nairobi,Kenya.