END-USER AGREEMENT FOR CUSTOMER (SERVICE SEEKER)

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

1. Definitions

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

1.1. Agreement means this End-User Agreement that forms the entire agreement between You and the Company defined below, regarding the use of the website.

1.2. Website means the Find A Fundi website given to You for purposes of searching for and connecting with Fundis offering various services.

1.3. Company (referred to as either “the Company”, “We”, “Us”, or “Our” in this Agreement) refers to Find A Fundi Technologies Ltd.

1.4. 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

2.1. Your access to and use of the Company’s website for searching and connecting with Fundis (“Services”) are subject exclusively to this End-User Agreement.

2.2. 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 Customer (You)

3.1.         The Company provides a platform through its website for Customers to search for and connect with Fundis offering various services.

3.2. Customers can access information about Fundi’s services, credentials and customer feedback on the platform. 

4. Use of the Services by Customer

4.1. Customers agree to use the Services for lawful purposes only and to engage with Fundis in compliance with applicable laws and regulations.

4.2. Customers may provide feedback and recommendations regarding the services provided by Fundis to enhance the platform’s credibility.

5. Third Party Services

5.1. 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.

5.2. 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.

5.3. 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.       Intellectual Property Rights

6.1.              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.

6.2.              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.

   

7. 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.

8. 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.

9. 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.

10.Changes to this Agreement

10.1. 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 14 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

10.2. 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.

11. 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.

12. 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.

Prepared by:

O&K Advocates LLP

Nyaku House, Office F2-15, 2nd Floor

Argwings Kodhek Road,

  1. O. Box 19750 – 00100,

Email: law@oandkadvocates.com

Tel: +254 (7) 019 33745 NAIROBI, KENYA.