Terms and Conditions - Hauzisha

 

Please read these terms carefully before accessing or using the services made available, accessed, published or otherwise offered through https://hauzisha.co.ke (the “site”) by accessing or using the site you agree to be bound by these terms. Please note that you will be required to review and agree to our Privacy Policy before you can access and use the Site. Advertisers who use the Site must accept and adhere to the Advertiser’s Terms and Conditions.

Definitions

For the purposes of these terms the terms:Hauzisha, we, our and us refer to the owner of the Website; and Site refers to Https://hauzisha.co.ke , and mobile versions of these websites and software applications derived from these websites for mobile devicesThe term “you” refers to the user or viewer of our website.

These terms of use apply to all users of, and visitors to, our site. Use of our site includes accessing, browsing, or registering to use our site.

Personal information

As a user of the website and services, you may be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including but not limited to, your name. you are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website and services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing, email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the website or services to further fraud or unlawful activity is grounds for immediate termination of this agreement.

Sales

The company may sell goods or services or allow third parties to sell goods and services on the website. The company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the company does not guarantee the accuracy or reliability of any product information, and you acknowledge and agree that you purchase such products at your own risk. For goods and services sold by others, the company assumes no liability for any product and cannot make any warranties about merchantability, fitness, quality, safety or legality of these products. For any claim you may have, you agree to pursue that claim directly with the provider of such product and not with the company. You hereby release the company from any claims related to goods or services provided/ sold by third parties, including any and all warranty or product liability claims.

Charges and Payments

Subscription Plans

We may offer plans that you may sign up for that allow you to use certain aspects of our Services, either for free or for a fee (a "Subscription Plan"). We may change Subscription Plans, including by offering new services or features for additional fees and charges or by adding or amending fees and charges for existing Subscription Plans, in our sole discretion. Any change to a Subscription Plan's pricing or payment terms will become effective in the billing cycle following notice of such change to you as provided in these Terms. Subscription Plans may set allotments for use of designated Services aspects. Use of Services aspects in excess of a Subscription Plan's designated allotment may result in (additional) fees, and such fees will be included in a true-up invoice or charged automatically via the payment method associated with your Hauzisha Account ("Payment Method").

Billing and Payment

For any paid Subscription Plan, you agree to make payments, and we may automatically charge your Payment Method, as described below, for so long as your Hauzisha Account remains active. Subscription Plans may be offered for a set subscription period (each such period, a "Subscription Term"). If you elect to sign up for a paid Subscription Plan, you agree to the pricing and payment terms specified at checkout, or as otherwise posted or communicated to you, as we may update them from time to time.

You must provide us with a current, valid, accepted Payment Method. When you initiate a purchase transaction, you authorize us to provide your payment information to third parties so we can complete your transaction and to charge your Payment Method, in Kenya Shillings, for the type of transaction you have selected (plus any applicable taxes and other charges) and any applicable recurring charges as described below. You will pay applicable taxes, if any, relating to any such transaction, and are also responsible for any payment-related fees such as wire transfer fees, credit card processing fees, and foreign transaction fees.

We may use third-party payment processors for payment services, and by using our Services you agree to be bound by the payment processor's Services Agreement. If your payment is not successfully settled for any reason, you remain responsible for any amounts not remitted to us, and you authorize us or our third-party service provider to continue to charge your Payment Method, without further notice, until such time as your payment is settled. All payments for transactions are non-refundable and non-transferable except as expressly provided in these Terms.

Renewals

Your subscription continues until canceled by you, or we terminate your access to or use of our Services in accordance with these Terms. Unless and until canceled by you, all Subscription Plans will automatically renew for renewal terms equal in length to the original Subscription Term, at the applicable price as of the renewal date. If you do not want a Subscription Plan to renew, you must cancel it before the end of the Subscription Term via the Account Settings page on your Hauzisha Account). If you purchase a Subscription Plan, we (or our third-party service provider) will automatically charge you each year or month, as applicable, on the anniversary of the commencement of your subscription, using the payment information you have provided, until you cancel your subscription. By agreeing to these Terms and electing to purchase a Subscription Plan, you acknowledge that your Subscription Plan has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your subscription by you or us.

Cancellations and Terminations

If we cancel or terminate your Subscription Plan, except in the event of your breach of these Terms or failure to pay fees when due, we will grant you a prorated refund for the remaining unused portion of your Subscription Term. If you cancel or terminate your Subscription Plan, your right to use our Services will continue until the end of your then-current Subscription Term and then terminate without further charges.

Late Payments

Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection).

Credits

Any credits that may accrue to your Hauzisha Account (for example, as a result of a promotion or referral program, or a Subscription Plan downgrade) will expire one year following their accrual, or upon expiration or termination of your Hauzisha Account, whichever is earlier. Notwithstanding the foregoing, any credits accrued to a workspace on a free Subscription Plan will expire if the workspace's Subscription Plan is not upgraded to a paid Subscription Plan within ninety (90) days of accrual, unless otherwise specified. Credits have no currency or exchange value, and are not transferable or refundable

Use of the site

The content of the pages of this website is for your general information and use only. It is subject to change without notice. It is not intended to amount to professional investment or other advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site, including but not limited to signing up for our products, executing instructions through our website and any other actions.

Although we make reasonable efforts to update the information on our site, neither we nor any third parties make any representations, warranties or guarantees as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meets your specific requirements.

We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of our website for:

Whilst every care has been taken in preparing the materials and information contained in this website, such materials and information are provided on an "as is" basis without representation or warranty of any kind, express, implied or statutory regarding non-infringement, security, accuracy, reliability, fitness for a purpose or freedom from computer viruses is given in connection with such materials and information.

Geographic, political, economic, statistical, financial and exchange rate data are presented in certain cases in approximate or summary or simplified form and may change over time. Reliance has been placed by the editors on certain such data obtained externally statistical data which, though believed to be correct, may not in fact be accurate. We accept no liability for any loss or damage arising directly or indirectly (including special, indirect, incidental or consequential loss or damage) from action taken, or not taken, by or for you or otherwise, in reliance on materials or information contained in this website. In particular, no warranty is given that any materials, information or data contained in this website are accurate, reliable or up-to-date. It is your sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, products and other information provided through the Site.

We accept no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this website, howsoever arising, including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this website, its contents or associated services, or due to any unavailability of the website or any part thereof or any contents or associated services, where such events arose out of circumstances outside our reasonable control.

Please note that any software downloaded from this website is at your own risk and we neither assume nor accept liability for any loss or damage (whether direct or indirect), howsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of this website, where such events arose out of circumstances outside our reasonable control. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data

Any hypertext link from this website exist for information purposes and are for your convenience only and we accept no liability for any loss or damage arising directly or indirectly (including specific, incidental or consequential loss or damage) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites linked. Our inclusion of hyperlinks does not imply any endorsement of the materials on such sites linked.

We do not guarantee that any e-mails from the website will be sent to you or received by us nor do we warrant the privacy and/or security of e-mails during internet transmission which is outside our reasonable control. We accept no liability for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from failure of any internet transmission (including e-mails correspondence) from this website or otherwise.

You hereby agree to indemnify and to keep us fully and effectively indemnified against any action, liability, cost, claim, loss, damage, proceeding or expense (including legal fees, costs and expenses on a full indemnity basis) which we may incur and which directly or indirectly arise out of, or are connected with your use of this website. For avoidance of doubt and without limiting the foregoing, we shall have the right to defend itself through counsel of its choice.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorized use of this website may lead to a claim for damages and/or be a criminal offence.

We reserve the right in our discretion to change at any time without prior warning or notice any information or material contained on this website and we are entitled to from time to time to amend the terms and conditions under which this website is used without prior notice to you. If you continue to access to this website or use any of the online services after such modification, you are regarded to have agreed to be bound by such modified information, material, and terms and conditions.

We may terminate these terms and conditions, your access to this website and use of online services at any time, without prior notice to you.

You may not create a link to this website from another website or document without our prior written consent.

These terms of use are governed by and construed in accordance with the laws of Kenya and any dispute relating thereto shall be subject to the exclusive jurisdiction of the courts of Kenya.

Indemnity for user instructions

Notwithstanding the terms of any mandate or other agreement or course of dealing between you and us, you hereby authorize us (but we are not bound) to rely upon and act in accordance with any notice, demand or other communication which you may from time to time give, or purport give through our website either by yourself or through your authorized representative (without inquiry on Hauzisha’s part as to the authority or identity of the person making or purporting to make such notice, demand or other communication) and regardless of the circumstances prevailing at the time of such notice, demand or other communication.

We shall therefore be entitled to treat such email notice, demand or other communication as fully authorised by and binding upon the you and we shall be entitled (but not bound) to take such steps in connection with or in reliance upon such communication as we may in good faith consider appropriate, regardless of the nature of the transaction or arrangement or the amount of the money involved and notwithstanding any error or misunderstanding or lack of clarity in the terms of such notice, demand or other communication.

In consideration of us acting in accordance with any such notice, demand or other communication, you hereby undertake to indemnify us and to keep us indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred or sustained by us of whatever nature and howsoever arising, out of or in connection with such notices, demands or other communications, provided only that we act in good faith, except where such losses, claims, actions, proceedings, demand, damages, costs and expenses arise through our wilful negligence. In this regard any notice, demand or other communication notice, demand or other communication only originate from your use account whose instructions shall be complied with until otherwise advised in writing.

This indemnity shall remain in full force and effect unless and until we receive, and have had a reasonable time to act upon, notice of termination from you (or your authorised representative) in writing, save that such termination will not release you from any liability under this authority and indemnity in respect to any act performed by us in accordance with the terms of this indemnity prior to the expiry of such time.

General provisions

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision shall not affect the validity and enforceability of the rest of these terms.

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

Termination of these terms will not end those provisions that are capable of surviving the termination of the terms, or affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination.

These terms are governed by the laws of Kenya and you irrevocably submit to the exclusive jurisdiction of its Courts.