Terms of Service
1.1. These terms and conditions explain the terms that apply when you access our Services and our website.
1.2. By registering as a User you accept these terms and conditions. If you do not accept these terms and conditions, you must not use the Services.
1.3. If any of these terms are not enforceable for any reason, that part will be deleted and the rest of the terms and conditions will continue to apply.
1.4. We reserve the right to make changes to these terms and conditions by uploading updated terms and conditions on our website. You will be bound by the terms and conditions that are in effect at the time you access and/or use the Services. Your continued use of the Services represents your agreement to be bound by the terms and conditions as amended. If you do not agree with our amended terms and conditions, you must stop using our Services.
2. Definitions
2.1. The following definitions are used in these terms and conditions:
- Gig means a project or task, usually of a specific agreed outcome.
- We, Us, and Our refers to Kazi Bank Limited
- Gig Lister means a User that lists a Gig on our website.
- Gig Expert means a User that is seeking to perform Gigs as an independent contractor.
- Job means a permanent, fixed term or casual employment position.
- Job Hunter means a User that is seeking a Job.
- Job Lister means a User that lists a Job on our website.
- Listing means any of the following listings placed on our website:
- A listing for a Gig placed by a Gig Lister;
- A listing for a Job placed by a Job Lister; or
- A listing for a Volunteering Opportunity placed by a Volunteer Requestor; or
- A listing for a self-promotion advertisement placed by a User.
- Services means any one or more of the services offered by Kazi Bank from time to time, including, but not limited to, providing a forum to place Listings and match Users, providing opportunities for Users to provide feedback about dealings with other Users, allowing Users to place self-promotion advertisements, and email notifications.
- User means a registered user of Kazi Bank.
- Volunteer means a User that is seeking Volunteering Opportunities.
- Volunteering Opportunities means an opportunity to perform voluntary services.
- Volunteer Requestor means a User that is a charity or community organization that lists Volunteering Opportunities on our website.
- You and your refers to you.
3. Services
3.1. Our Services include providing a forum via our website to allow Gig Experts, Job Hunters, and Volunteers to be matched with Gig Listers, Job Listers and Volunteer Requestors. We do not get involved in any contractual arrangements between Users and we do not act as agents for either party.
3.2. We grant you a limited, non-exclusive, non-transferable and revocable license to use our website. We continue to own all our intellectual property rights in our website and related to the provision of our Services to you. You must not copy, adapt, reproduce, distribute, publish, commercialize or sell to anyone else, any information or works on our website or related to our Services, unless we agree in writing.
3.3. We may use an application programming interface (API) to enable software to interface with our website and applications that may access our website. This means that information you put on our website may be accessed through the API and be seen elsewhere (such as another app).
3.4. If you permit an application to access your Kazi Bank account, that application will be able to access your data, information you see when you are logged in to your Kazi Bank account, and perform tasks for you.
3.5. If another User is using an application to access Kazi Bank to interact with you, that application may be able to access information that you provide to the other User, such as your contact details.
4. User Registration and Kazi Bank Accounts
4.1. To become a User, you must:
- Be at least 18 years old;
- Be able to legally enter into contracts;
- Be a Kenyan resident or a Gig Expert, Job Hunter or Volunteer from overseas but based in the Republic of Kenya. You must also meet the requirements set forth in clause 4.2; and
- Provide us with correct information to complete the registration process and agree to comply with our terms and conditions and privacy policy.
4.2. Gig Experts, Job Hunters and Volunteers must NOT be located outside of Kenya (or country of listing) when accepting a Gig, Job, or Volunteering Opportunity. We are not responsible for ensuring that Users are legally entitled to work in Kenya (or country of listing). If the Gig Worker, Job Hunter or Volunteer is to undertake work remotely outside Kenya (or country of listing), the parties must satisfy themselves in relation to any jurisdictional or legal requirements that may need to be met and we will have no responsibility in that regard.
4.3. If you are a Gig Employer we suggest that you to provide contact information that will be passed on to Gig workers to allow them to contact you during negotiations for a Gig (as described in clause 6.3). We recommend that you provide a secondary email address and not your primary email address or mobile phone number. While clause 5.2 prohibits Users from harassing or sending unsolicited commercial electronic messages (spam) to other Users, we recommend you use a secondary email address in the event that a User breaches those requirements.
4.4. You are the only person entitled to use your Kazi Bank account. You cannot transfer or sell your Kazi Bank account to anyone else, unless we agree in writing. You must secure your password and not share it with anyone else.
4.5. You must make sure that the details on your Kazi Bank account are kept up to date.
4.6. We may communicate with you about your Kazi Bank account and provide you with information about our Services and promotions. More information about this is in our privacy policy.
4.7. We can choose not to register any person as a User, suspend or cancel your Kazi Bank account or restrict your access to our Services for any reason, including, without limitation if you have breached these terms and conditions.
4.8. Subject to clause 4.9, you can cancel your Kazi Bank account by contacting us, and we’ll delete it for you. You will no longer be able to access our Services once your Kazi Bank account has been terminated. Some of the provisions in these terms and conditions will continue to apply after your Kazi Bank account has been cancelled, including clauses 3.2, 5.3, 5.6, 9, 10 and 11.
4.9. We may suspend your request to cancel your Kazi Bank account if we suspect illegal activities linked to your account; pending investigation.
4.10. We may also suspend your access to funds in your Kazi Bank account if we consider that:
- There is an unacceptable risk associated with you or your Kazi Bank account, including if we believe that you have been involved in fraudulent or unlawful behaviour;
- Another person is entitled to copyright of the data posted in your account;
- Gig work requests are being made to a country where we do not offer the Services; or
- We are required to do so by law.
4.11. If you are involved in any dispute we may temporarily restrict access to your Kazi Bank account to cover your potential liability. If the dispute is resolved in your favour, we will restore your account access.
5. Use of the Website and Services
We expect that you will conduct yourself appropriately, honestly and in good faith while dealing dealing with us and other Users when using our website and the Services. Without limiting that general obligation, you must not:
- Complete a transaction that started on our website outside of the Kazi Bank process or try to avoid paying our fees for the Services.
- Fail to perform your obligations to another User in relation to a Gig, Job or Volunteering Opportunity.
- Post any Listing or content on our website that is not accurate or does not comply with our policies or Kenya law.
- Post any Listings or content on our website that is misleading, deceptive, harmful, offensive, defamatory, of an adult-oriented, pornographic, political or religious nature, or infringes a third party’s intellectual property rights.
- Use our website to send unsolicited commercial electronic messages (spam) to other Users or advertise or promote anything outside of the Services.
- Without our prior written consent, download and aggregate Listings to display with listings from other websites, mirror or otherwise incorporate any part of our website into any other website.
- Copy, modify or distribute rights or content from our website or our intellectual property, unless expressly permitted under these terms and conditions.
- Harass any other User.
- Harvest or otherwise collect information about Users, including their contact details, without their consent.
- Do anything that may undermine the feedback system on our website (including displaying, exporting or importing feedback information or using it for purposes unrelated to our website).
- Use data mining, robots, screen scraping, or similar automated processes to access our website or attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used in relation to our website.
- Distribute viruses or any other technologies that may harm Kazi Bank, our website or other Users.
- Use Kazi Bank to facilitate money exchange including, but not limited to, cryptocurrency (e.g. bitcoin).
5.3. You must immediately notify us if you become aware of any unauthorized access or breach of security in relation to our website, your Kazi Bank account or the Services and do everything reasonably practicable to mitigate the unauthorized access or security breach.
5.4. You will continue to own content that you post on our website, excluding any feedback you post (this is dealt with under clause 5.6). You grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual license to use, store, display, modify, reproduce, and distribute your content in any way relating to the promotion, provision and improvement of our Services.
5.5. We allow Users to provide feedback about their dealings with other Users. This helps Users to decide whether they want to transact with another User and helps us to know whether Users are meeting our standards and the expectations of other Users. Feedback should be honest and factual and must not contain any offensive, defamatory or revengeful language and must otherwise comply with any feedback policies posted on our website.
5.6. You agree that copyright in any feedback you provide on our website and your feedback ratings are owned by us. You may only use your feedback and feedback ratings on our website while you remain a User. You may not use any feedback you receive or provide anywhere else except on our website, unless we have given our prior written consent.
5.7. If we become aware of any misuse of our website or the Services we may take any action that we think is necessary. This might include warning a User, removing content or feedback, shutting down a User’s Kazi Bank account, banning a User from using our Services, or contacting relevant authorities.
5.8. We may include advertisements or promotions on our website. We are not responsible for any loss or damage suffered or incurred by you resulting from those advertisements or promotions or any dealings with those advertisers or promoters. Intellectual property included in the content of those advertisements and promotions may be protected and you must not modify, sell, distribute, appropriate or create derivative works based on those advertisements or promotions.
6. Arrangements between Users
6.1. If you and another User agree to enter into an arrangement in relation to a Gig, Job or Volunteering Opportunity, you and the other User will be responsible for entering into any written contract that may be required.
6.2. Users are responsible for all tax obligations and enforcement of any contract between them.
6.3. We seek to match Gig Employers with Gig Workers who have skills and attributes that appear to correspond with the Gig in the Listing. Gig Employer may override the matching service and allow the Listing of the Gig to be available for any Gig Expert to respond to. The Gig Employer and Gig Workers will have the opportunity to negotiate the scope of work, time-frame and pricing of the Gig via a private chat channel.
7. Fees and Payment
7.1. Our current subscription and membership fees are listed here
7.2. We may choose to charge you fees for using our Services.
7.3. The calculation of fees for our Services varies depending on the Services we provide to you.
7.4. The fees shown on our website are subject to change without notice to you. It is your responsibility to access the website and check it for yourself.
7.5. We use third-party processes as our payment gateways. By accepting these terms and conditions you also agree to accept the T&C for these licensed payment processors, as may be amended by from time to time.
7.6. The licensed payment processors collect our fees from you and pay them to us.
7.7. If you post a Listing for a Job or a self-promotion advertisement, our fee will be charged to your credit or debit card or Mobile Money account and paid to us, unless we have agreed to other payment arrangements with you.
8. Referral Services
8.1. We may partner with service providers who offer services that may be useful to Users, such as insurance brokers.
8.2. We may receive a commission if a User acquires services from those partners.
9. Resolving Disputes
9.1. You must try to resolve any disputes with other Users directly with them. We are not a party to transactions between you and other Users and so ultimately we are not responsible for any disputes between Users. To the extent that we may agree to assist in facilitating the resolution of any dispute between Users we will have no liability whatsoever to any person.
9.2. If you have a dispute with us, please let us know so that we can try to resolve it with you. If we cannot resolve the dispute informally then either you or us may use any other legal method available. Kenya law applies to these terms and conditions and the Kenya courts will have jurisdiction to resolve disputes.
9.3. In the event of a dispute raised by a card service or other payment provider, we reserve the right to pass on to the user any administration charges which Kazi Bank incurs, plus our administration charge, as a direct result of said dispute.
10. Notices
10.1. All notices must be in writing and given via email or post. We will send notices to you at the email address provided by you when setting up or maintaining your Kazi Bank account. You must send notices to us at the email address noted on our website.
10.2. Notices will be deemed to have been received: if sent by email, on the date and time at which it enters the recipient’s information system, as evidenced (if required by the recipient, where delivery is disputed) in a confirmation of delivery report from the sender’s information system which indicates that the email was sent to the email address of the recipient.
11. Liability
11.1. While we try our best, we cannot assure you that our website will always be completely secure, available or free from errors. You use our website and our Services at your own risk.
11.2. If you are using our Services for personal use, nothing in these terms and conditions limits any rights you have under the Consumer Guarantees Act 1993 to the extent they cannot be waived or limited.
11.3. To the extent we are legally able to, we will not be liable to you for any reason relating to the Services, your use of the website, or another User’s acts or omissions.
11.4. We will not be liable to you for any indirect or consequential losses or damages, loss of business or loss of profits.
11.5. We only provide a forum via our website for Users to connect with each other. We do not take part in any contractual arrangements between Users. All transactions between you and other Users are entirely at your own risk.
11.6. Users are solely responsible for the content of Listings on our website (including links to external websites or files downloaded from our website). We have no liability for any content or links to external websites posted by Users.
11.7. We cannot control what our Users do or examine every Listing or type of content before it is posted on our website. We are not liable to you for anything another User does or does not do.
11.8. You indemnify us from and against any losses, damages, costs, claims, or proceedings we incur or are subject to as a result of your use of the Services or failure to comply with these terms and conditions, including if we cancel your Kazi Bank account due to your breach of these terms and conditions.
Last Updated Tuesday October 3, 2023 11:45AM EAT
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