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Terms of Service

 

1. Contractual Relationship

These Terms of use govern your use and access of the App4jobs application and website for services made available by App4Job Limited (hereinafter referred to as App4jobs) a company duly incorporated under the applicable laws which access is by downloading, installing and using the Application, accessing the platform, together with the website www.app4jobs.app   

 

YOU ARE REQUIRED TO READ CAREFULLY AND ACCEPT THESE TERMS OF USE BEFORE USING THE APP4JOBS SERVICE.

 

App4jobs may modify the terms of service from time to time and such modifications shall be effective immediately upon posting of the modified terms of use on the Application or website. By continuing to access the Application or Website following the posting of changes to the Terms of Use, you agree to all such changes.

 

By clicking to accept the Terms of Service when prompted on the Application or Website, you are deemed to agree to be bound by the terms of service and any future modifications posted on the Application or Website effective on the date you register your Account or click to accept the Terms of Service.  Your acceptance establishes a contractual relationship between you and App4jobs.

 

App4jobs is a technology company providing a passive  technology platform acting as medium to connect individuals with skills and services (Employees and Boda Boda Drivers) to offer to individuals, businesses or companies needing those skills or services(Employers and any person using the App requiring Boda Boda services), does not provide any services as defined under Clause 2 below and is not an employment or transport company. Only the third-party Employee and Boda Boda offer services and App4jobs has no responsibility or liability for any services provided to any user by the Employees or Boda Boda Drivers. Any relationship formed between either an Employer and Employee or Boda Boda Driver is purely an arrangement between the two parties and App4jobs has no responsibility or relationship thereto.

 

2. Definitions

In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Boda Boda” a motorcycle used for the transportation of goods and services;

“Employer” a person who receives services via the App4jobs platform at an agreed-upon fee. This term is used informally, strictly for purposes of the App4jobs services, and not in its legal and taxation sense;

“Employee” an independent person with a skill, who provides a service and registers as an employee on the App4jobs platform. This term is used informally, strictly for purposes of the App4jobs service, and not in its legal and taxation sense;

“Fees” the money paid to a service provider registered on the App4jobs platform;

“Rider” an independent person operating as a motorcycle transportation provider for people or goods;

“Service” includes the skills provided by an employee or a ride from a Boda Boda driver obtained via the App4jobs platform;

“Service Provider” includes an employee and driver;

“User” means a user, consumer or customer of App4jobs and or a beneficiary to Services extended through the Application;

“We/Us/Our” means all licensees of the App4jobs applications.

 

3. The Service

App4jobs is a mobile application and web-based platform that links individuals or companies with individuals who have the necessary skills required to perform a specific job. App4jobs enables employers to search for specific skills or set of skills in a specific area and find rated employees who possess the required skills.

 

Through the application, users will also be able to request for Boda Boda services to get rides. 

 

App4jobs does not employ any of the individuals offering their skills on the website or application. App4jobs is also independent of any company, individual or driver using the application or website.

 

App4jobs requires users to provide background information to verify their identities, skills set and to the extent possible, compliance with the Law, App4jobs does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such users beyond aggregated user reviews and representation of background information.

 

App4jobs makes no representations that the services they offer are appropriate or available for use in any particular country besides Kenya. Those who do access the services are solely responsible for compliance with the laws of the Republic of Kenya.

 

4. Third-Party Services and Content.

The Services may be made available or accessed in connection with third-party services and content (including advertising) that App4jobs 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. App4jobs does not endorse such third-party services and content and in no event shall App4jobs be responsible or liable for any products or services of such third-party providers.

 

Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited, any other providers of operating systems 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 or any other operating systems. 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.

 

5. Intellectual Property

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Application or Website are copyrighted by App4jobs unless otherwise noted.

 

In addition, many proprietary names and marks belonging to App4jobs appear throughout the Application and Website. This Website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks or any other intellectual property belonging to App4jobs or any third party is strictly prohibited and will be prosecuted to the fullest extent of the law.

 

6. Ownership

The Services and all rights therein are and shall remain App4jobs property or the property of its 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 App4job’s company names, logos, product and service names, trademarks or services marks or those of App4job’s licensors.

 

7.  License

Subject to your compliance with these Terms, App4jobs grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications 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, noncommercial use. Any rights not expressly granted herein are reserved by App4jobs and App4jobs licensors.

 

8. Your Use of the Services

 

8.1.User Accounts

i. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”).

ii. You must be at least 18 years of age to obtain an Account.

iii. Account registration requires you to submit to App4jobs certain personal information which includes: -

Full name

Address

Mobile phone number

Age

ID Number/Passport Number or Business Registration Number​​

iv. For drivers in addition to the information required in (iii) above you will be required to submit to App4jobs: -

Photos of protective gear for the driver

Insurance

Photo of drivers helmet and passenger’s helmet

Photo of reflective vests for the driver and the passenger

Picture of the registration of the Motorcycle

v. 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 may result in your inability to access and use the Services or App4jobs termination of these Terms with you.

vi. 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.

vii. Unless otherwise permitted by App4jobs in writing, you may only possess one Account.

viii. You may not assign or otherwise transfer your Account to any other person or entity.

ix. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes

x. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage.

xi. 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.

 

8.2. Relationship

If you are a Service Provider, you are an independent contractor and you are not an employee, owner, joint venturer, partner, agent or representative of App4jobs and there is no employment agreement between you and App4jobs. In addition, you further understand and agree that you have no authority to bind App4jobs and you will not make any representations to any party that you have any authority to bind App4jobs, as an employee, partner or otherwise.

 

8.3. 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 App4jobs at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

 

8.4. User-Provided Content.

App4jobs may, in its sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to App4jobs 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 App4job, you grant App4jobs 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 App4jobs’ 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:

1. you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant App4jobs the license to the User Content as set forth above; and

2. neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor App4jobs’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, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by App4jobs in its sole discretion, whether or not such material may be protected by law. App4jobs may, but shall not be obligated to, review, monitor, or remove User Content, at App4jobs’s sole discretion and at any time and for any reason, without notice to you.

 

8.5. 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 provided by App4jobs and any updates thereto.

 

App4jobs 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.

 

9. Fees and Commission

The fees for services provided on App4jobs will be set by the employee or the driver, as the service provider. Where a specific rate for a specific service provided by an Employee is prescribed by law, App4jobs may propose such rate for payment. The person seeking the service may where applicable and where no rate is proposed negotiate the rate with the service provider. The final fee is what is agreed on by both parties.

 

Payment of fees by employers to employees will be made exclusively via the App4jobs application.

Employers should ensure that they have money in their M-Pesa accounts in order to make the request and payment.

If you make or receive payments outside the application, it will be a breach of these terms and it would result in your inability to access and use the Services or App4jobs termination of these Terms with you.

 

App4jobs charges a small commission for the use of the application. This commission will automatically be calculated based on the fee agreed on by the service provider and the person seeking a service and will be added onto the amount paid by the person seeking a service. While the commission is to be paid by the service provider, the net amount to be received by the service provider will be the amount posted or negotiated for a job.

 

Payments to the driver do not have to be made through the App4jobs application or website. However, App4jobs will collect a commission based on the number of kilometres travelled. The driver will be required to submit the money to App4jobs within 3 days of completing the ride. Failure by the driver to pay the commission to App4jobs will be a breach of these terms and it will result in the driver’s inability to access and use the Services or App4jobs termination of these Terms.

 

Payments made to one employee should not exceed Kshs. 23,000/=. If payments exceed Kshs.23,000/= the employer will be required to withhold tax and submit the same to the Kenya Revenue Authority.

 

All Users are solely liable for tax obligations arising out of the use of the services and Users agree to indemnify App4jobs from any such liability.

 

10. Processing of personal data

Our collection and use of personal information in connection with the Services is as provided in our Privacy Policy located at www.app4jobs.app  

 

App4jobs may provide to a claim’s processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, and such information or data is necessary to resolve the complaint, dispute or conflict.

 

11. Disclaimers; Limitation of Liability; Indemnity.

 

11.1. Disclaimer

The services are provided “as is” and “as available.” App4jobs 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, App4jobs 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. App4jobs does not guarantee the quality, suitability, safety or ability of employees. 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.

 

11.2. Limitation of Liability

App4jobs 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 App4jobs has been advised of the possibility of such damages. App4jobs 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 other user, even if App4jobs has been advised of the possibility of such damages. App4jobs shall not be liable for delay or failure in performance resulting from causes beyond App4jobs’s reasonable control.

 

The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

 

11.3. Indemnity.

You agree to indemnify and hold App4jobs and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities,  damage and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) App4jobs’ use of your User Content; or (iv) your violation of the rights of any third party, including the Casuals.

 

12. Lost and damaged property

You understand and agree that App4jobs is not responsible for any property that is lost or damaged by any user of the application. Should any person found through the App4jobs application lose or damage any of your property you may settle the matter between you and them.

 

13. Breach of terms

You understand that without prejudice to App4jobs’ other rights under these Terms, if you breach these Terms, App4jobs may take such action it deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software and/or bringing court proceedings against you.

 

14. Governing law and Dispute Resolution

These Terms of Use are governed by the laws of the Republic of Kenya.

 

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 good faith negotiations between the appointed representatives and initiated through formal notice.

 

Where such a dispute is not resolved within 45 days from the date of the notice, the same shall be submitted to arbitration by a single Arbitrator appointed by mutual agreement of the parties. Where parties do not agree on the Arbitrator, the Chairman for the time being of the Chartered Institute of Arbitrators, Kenya Chapter may appoint an Arbitrator upon written request by either party. The Venue of Arbitration shall be proper exclusively in Nairobi County with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by App4jobs. The decision of the Arbitration Tribunal shall be binding.

 

Any cause of action or claim with respect to services provided by App4jobs must be commenced within one (1) year after the action or claim arises save as otherwise provided by law.

 

15. Notices

App4jobs may give notice by means of a general notice on the Services by 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 App4jobs by written communication to App4jobs' email address at care@app4jobs.app

 

16. General

You may not assign or transfer these Terms in whole or in part without App4jobs’s prior written approval. You give your approval to App4jobs for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of App4jobs’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, App4jobs or any Third-Party Provider as a result of the contract between you and App4jobs or use of the Services.

 

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.

 

App4jobs reserves the right to (i) modify or discontinue, temporarily or permanently, the App4jobs platform and (ii) refuse any and all current and future use of the App4jobs platform, suspend or terminate your account (any part thereof) or use of the App4jobs platform, for any reason, including if App4jobs believes that you have violated the Terms. App4jobs shall not be liable to you or any third party for any modification, suspension or discontinuation of the App4jobs platform. App4jobs will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the platform.

 

These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace 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.”