END-USER AGREEMENT FOR FUNDI (SERVICE PROVIDER)

This End-User Agreement (“Agreement”) is entered into by and between FIND A FUNDI TECHNOLOGIES LIMITED (“Company”) and You, the individual or entity offering services as a Service Provider (“Fundi”).

1. Definitions

For the purposes of this End-User Agreement, the following words have the meanings attached to them:

• Agreement means this End-User Agreement that forms the entire agreement between You and the Company defined below, regarding the use of the website.
• Website means the Find A Fundi website given to You for purposes of advertisement and promotional services.
• Company (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Find A Fundi Technologies Ltd.
• Services means advertisement and promotional services and may include content such as specifications, designs, text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
• You means the individual accessing or using the website or the company, or other legal entity on behalf of which such individual is accessing or using the website, as applicable.

2. Acceptance of Terms
   • Your access to and use of the Company’s website for advertising and promotional Services are subject exclusively to this End-User Agreement.
   • By using the Services, You are fully accepting the terms and conditions that form part of this End-User Agreement. If You do not accept any of the terms and conditions, You must immediately stop using the Services.

3. Services for Fundi (You)
   • The Company provides a platform through its website for Fundis to advertise their services and connect with potential customers.
   • Fundis are responsible for providing accurate and up-to-date information about their services, credentials, and availability on the Platform. The Company will not be held liable or responsible for any misinformation or harm that may arise therefrom.
   • The Company may collect feedback and recommendations from customers regarding Fundis’ services to enhance the platform’s credibility.

4. Use of the Services by Fundi
   • Fundis agree to use the Services for lawful purposes only and to provide services that comply with applicable laws and regulations.
   • Fundis shall not engage in any fraudulent or unlawful activities on the platform. The Company shall not be held liable or responsible for any harm caused by virtue of any action or omission by Fundis.
   • Fundis are responsible for the accuracy of the information they provide on the platform and must adhere to the Company’s Code of Conduct and Ethics.

5. Third Party Services
   • The Website may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
   • You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
   • You must comply with applicable Third parties’ Terms of agreement when using the Website. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties’ Terms and conditions.

6. Term and Termination
   • This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
   • This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement.
   • Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

7. Intellectual Property Rights
   • The platform and its content are protected by copyright, trademarks and other intellectual property rights and laws. You may use the platform for promoting their services but may not download, copy, reproduce, transmit, or distribute the platform’s content without prior written consent of Find A Fundi Technologies Ltd.
   • Any content uploaded by You to the platform becomes the property of Find A Fundi Technologies Ltd, and You grant the Company the right to use their name in connection with the uploaded content.

8. Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your:

1. Use of the Website;
2. Violation of this Agreement or any law or regulation; or
3. Violation of any right of a third party.

9. Disclaimer

Use of the Services is at Fundis’ own risk. The services are provided on an “AS IS” and “AS AVAILABLE” basis without any warranty of any kind, whether express or implied.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

11. Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12. Changes to this Agreement
    • The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
    • By continuing to access or use the Website after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Website.

13. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya, and Fundis hereby submit to the exclusive jurisdiction of the Courts of the Republic of Kenya.

14. Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding your use of the Website and supersedes all prior and contemporaneous written or oral agreements between You and the Company.