Terms and Conditions
These Terms of Service constitute a legally binding agreement between you and Joboo Clover Inc. governing your use of the Joboo Platform as contained in the Company’s website (https://www.joboo.co.ke and the two mobile applications (the Expert and Client Apps). The Joboo Platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Experts and Clients (“USERS”).
Your use of the Joboo Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and any future amendments and additions to this Agreement.
If you do not agree to be bound by this agreement, you may not use or access the Joboo platform.
You must be of legal age and otherwise capable of entering into binding contracts, in order to use or access the Joboo Platform. A few highlights of these Terms of Service include:
1.2 The Company reserves the right to modify the Joboo Terms at any time, effective upon posting of an updated version of the Joboo Terms on the website. You are responsible for staying up to date with the Terms. Continued use of the Joboo Platform after any changes to the terms shall constitute your consent to such changes. If you require any more information or have make enquiries about the Company Terms, please feel free to contact us by email at firstname.lastname@example.org.
1.3 The Company does not provide home services or products, and the Company is not a domestic service or domestic service provider. It is up to the third party service provider (the “Contractor” or “Joboo Expert”) to offer any services. The Company has no responsibility or liability for any services or product provided to you by such Contractors. Joboo is a passive medium through which business relationships can be formed between private individuals and Contractors. The details of each booking will be confirmed by way of a Booking Confirmation. Upon acceptance of the Booking Confirmation, the customer agrees to the terms stated within and agrees to the overall Joboo Terms.
2. Joboo is an Expert and Client Connection Platform
2.1 Joboo is a web-based communications platform, which connects Clients and Experts for different chores and tasks. Clients are individuals and/or businesses seeking to obtain short-term services (Chores/Tasks) from Experts.
2.2 Experts are individuals and/or businesses seeking to perform Tasks and Chores for Clients at a cost. Clients and Experts together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you.
2.3 Experts act as independent contractors of clients and do not act as the Company’s employees, partners, representatives, agents, franchise or joint ventures .The Company therefore does not perform any Chores or Tasks and does not employ an individual for the stated purpose. Acceptance of the T&C is an acknowledgement that the Company does not supervise, monitor or directly control an expert’s work and expressly disclaims any liability or responsibility for any Chore and Task performed in any manner including but not limited to a warranty based on workmanship condition.
2.4 The Company inquiries into the backgrounds of all service providers; however, the Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers beyond aggregated customer reviews and representation of background information.
2.5 User interaction should be exercised with caution and common sense to protect your personal safety and property, just as you would when interacting with other service providers whom you do not know.
2.6 By using the Service, you agree to hold the Company free (to the extent permitted by law) from the responsibility for any liability or damage that might arise out of the use of the Platform.
2.7 The Company and its affiliates or licensors will make efforts to regulate but is not responsible for the conduct, whether online or offline, of any user of the Platform.
2. 8 The Company and its affiliates and licensors will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of the Joboo Platform.
2.9 The Company does not provide the actual Expert services but does take responsibility towards consumers in terms of consumer contact, complaints, refunds, returns, chargebacks etc. In case of a dispute, Joboo will mediate between the service provider and the user to reach an agreeable resolution.
3 Representations and Warranties
3.1 By using the Joboo Platform you expressly represent and warrant that you are legally entitled to agree to these Terms. If you reside in a jurisdiction which restricts the use of the Joboo Platform, because of age, you must abide by such age limits and you must not use the Joboo Platform. Without limiting the foregoing, the Joboo Platform is not available to children (persons under the age of 18) or others without capacity to enter binding agreements to terms of usage. By using the, Joboo Platform you represent and warrant that you are at least 18 years old and/or otherwise capable of entering into binding contracts, Joboo Terms included, in accordance with existing laws in Kenya. Your participation in using the Joboo Platform is for your sole personal use. You may not authorize others to use, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Joboo Platform you agree to comply with all applicable laws from the country, county and city/town in which you are present while using the Joboo Platform.
3.2 You may only access the Joboo Platform using authorized means. It is your responsibility to exercise due diligence so as to download the authentic Joboo Platform (Client and Expert) and one compatible with your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Joboo Platform for your handset.
3.3 By using the Joboo Platform, you agree that:
- You will only use the Joboo Platform for lawful purposes; you will not use the Joboo Platform for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Joboo Platform to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Joboo Platform in any way whatsoever.
- You will not copy, or distribute the Joboo Platform other content without written permission from the Company.
- You will only use the Joboo Platform for your own use and will not resell it to a third party.
- You will keep secure and confidential your account password or any identification provided to you which allows access to the Joboo Platform
- You will provide us with whatever proof of identity the Company may reasonably and legally request.
- You will only use an access point or data account which you are authorized to use.
- When using the Joboo Platform in conjunction with SMS, you opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.
- You will not use profane, abusive or any inappropriate language while using the Joboo platforms, this is not limited to any inappropriate graphic content.
- Representation and Acceptable Use
4.1 The Joboo Platform may contain profiles, email systems,reviews,ratings,blogs, message boards, applications, job postings, chats, news groups, forums, communities and/or other message or communication facilities and areas that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Joboo Platform, you should not share your personal information with other Users. Users should report any suspicious use of the public areas on the platform.
- Without limitation, while using the Joboo Platform, you may not:
- Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Joboo staff, or use information learned from the Joboo Platform or during the performance of Chores/ Tasks to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff.
- Publish post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Joboo Platform.
- Use the Joboo Platform for any unauthorized purpose, including, but not limited to posting or completing a Chore/Task in violation of local, national, or international law.
- Upload files that contain malicious software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company.
- Upload files that contain viruses, malware, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer or cause any harm to the Joboo platform (Website and App).
- Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Advertise or offer to sell any goods or services for any commercial purpose through the Joboo Platform which are not relevant to the services offered through the platform.
- Conduct any illegal business on the Joboo platform.
- Impersonate another User or allow any other person or entity to use your identification to upload any content on the Joboo Platform.
- Engage in any act of spamming.
- Download any content not limited to media files posted by another User that with the User knowledge or reasonable knowledge that the content cannot be legally distributed through the Joboo.
- Imply or state that any statements you make are endorsed by Joboo Clover Inc, without the prior written consent of Joboo.
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Joboo Platform (Web and App) or the electronic addresses or personal information of others, in any manner.
- Hack or interfere with the Joboo Platform, its servers or any of its networks.
- Remove or alter visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Joboo Inc and Affiliates.
- Upload any abusive content or provide materials or access to materials that exploit people in an abusive, violent or sexual manner on the Joboo Platform.
- Use the Joboo Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose that breaches the term of use of the Joboo Platform.
- Use the Joboo Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes and ulterior motive.
- Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Joboo Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- User Generated Content Policies
5.1 User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Joboo platform. Users are solely responsible for User Generated Content. You acknowledge and agree that Joboo is not responsible for the creation or development of User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Joboo has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Joboo Platform at its sole discretion at any time.
You hereby represent and warrant to Company that your User Generated Content
(a) Will not be false, inaccurate, incomplete or misleading.
(b) Will not be fraudulent or involve the sale of counterfeit or stolen items.
(c) Will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy.
(d) Will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy).
(e) Will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing.
(f) Will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors.
(g) Will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(h) Will not represent you being employed or directly engaged by or affiliated with Joboo or purport you to act as Joboo’s agent or representative .
(i) Will not create liability for Company or cause Company to lose whether on whole or in part the services of its ISPs or other partners or suppliers.
5.2 The Joboo Platform hosts User Generated Content relating to reviews and ratings of specific Experts and Clients. Such Content is such solely User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client/Expert should undertake their own due diligence to be satisfied that a specific Client/Expert is credible to work with. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. The Company does not have any obligation to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.
5.3 Each User (Client or Expert) who provides any media content (film, photograph,recording)in exchange for the right to use the Joboo Platform, hereby waives all moral rights in connection with such Media and irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
- Exhibit, distribute, display, transmit, and broadcast on any and all media.
- Reproduce in all media any recordings of such User’s voice, and all related voice media made in connection with the Joboo Platform;
- Use, and permit to be used, such User’s Physical Likeness and Voice in the advertising, marketing, and publicizing of the Joboo Platform in any media.
- Use, and permit to be used, such User’s name and identity in connection with the Joboo platform.
Each User warrants and represents that they have the lawful authority to grant the Company the rights set out above.
5.4 Each User hereby waives all rights and releases Joboo and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, likeness or voice in connection with the Joboo Platform.
- Links to Third-Party Websites and Content Development
6.1 The Joboo Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links are provided as an information service, for reference and convenience only and, the Company has no control on such websites. Users of the platform should evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Joboo is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. You acknowledge and agree that Joboo has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Joboo Platform at its sole discretion.
6.2 You hereby agree to hold Joboo harmless from any liability that may result from the use of links that may appear on the Joboo Platform.
6.3 As an integration on the of the Joboo Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) by either:
- Providing your Third-Party Account login information through the Joboo Platform
- Allowing Joboo to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Joboo and/or grant Joboo access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Joboo to pay any fees or making Joboo subject to any usage limitations imposed by such third-party service providers.
By granting Joboo access to any Third-Party Accounts, you understand that
- Joboo may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Joboo Platform via your account.
- Joboo may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Joboo If a Third-Party Account or associated service becomes unavailable or Joboo’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Joboo Platform. You will have the ability to disable the connection between your account on the Joboo Platform and your Third-Party Accounts at any time.
6.4 Any relationship between third party service providers and your third party account is governed solely by your agreements with the third party service providers.The Company holds no liability on such relationships or agreements.
7 Intellectual Property Ownership
7.1 The Company alone (and its licensors, where applicable) shall own all rights, titles and interests, including all related intellectual property rights, in and to the Joboo Platform. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information, you hereby assign to the Company all rights, titles and interests thereto. These Terms are not a sale and do not convey to you any rights of ownership in or related to the Joboo Platform, or any intellectual property rights owned by the Company.
7.2 The Company name, the Company logo, and the product names associated with the Joboo Platform are trademarks of the Company or third parties, and no right or license is granted to use them.
7.3 If you believe, in good faith, that any content made available in connection with the Service or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the local or international governing regulations. Notices and counter notices with respect to the Service or Software should be sent to the Company by email to email@example.com
8 Security and Privacy
8.1 You must register with Company and create an account to use the Joboo Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Joboo Platform.
8.2 You are solely and fully responsible for all activities that occur under your password or account. Accessing and using the Joboo Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. The Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Company immediately.
8.3 By providing your email and mobile phone number and using the Joboo Platform, you hereby affirmatively consent to Joboo’s use of your email address for sending you emails, mobile phone number for calls and recurring texts, in order to :
(a) Perform and improve upon the Joboo Platform.
(b) Facilitate the carrying out of chores and tasks through the Joboo Platform.
(c) Provide you with information and reminders regarding your registration, upcoming tasks and chores/tasks product alterations, changes and updates, service outages or alterations. These emails, calls and texts may include, among other things, reminders about scheduled and ongoing chores and tasks, follow up to any push notifications delivered through our mobile application. Company will not estimate any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply.
8.4 You may opt-out of receiving texts messages from us by emailing firstname.lastname@example.org and specifying you want to opt-out of texts or other notifications from the Company.
- Termination and Suspension
9.1 Company may terminate or limit your right to use the Joboo Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
9.2 If Company terminates or limits your right to use the Joboo Platform pursuant to this section, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
9.3 Company reserves the right to:
- Modify or discontinue, temporarily or permanently, all or any portion of the Joboo Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Joboo Platform.
- Restrict anyone from completing registration as a User if Company believes such person may threaten the safety and integrity of the Joboo Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
- Deny any and all current and future use of the Joboo Platform, suspend or terminate your account (any part thereof) or use of the Joboo Platform, for any reason, including if the Company believes that you have violated the Joboo Terms.
9.4 The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Joboo Platform. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
9.5 You may terminate this Agreement at any time by ceasing all use of the Joboo Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
9.6 If Company terminates or limits your right to use the Joboo Platform as a User due to a User Breach, you will be entitled to a refund of unused balance in your account after a 90 days period.
10 Warranties and Guarantees.
10.1 The Joboo Platform is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the Company. The Company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the Joboo Platform. You acknowledge and agree that the entire risk arising out of your use of the Joboo Platform and any third party services or products, remains solely with you, to the maximum extent permitted by law.
10.2 Disclaimer of Warranties
- Use of the Joboo Platform is entirely at your own risk
- Joboo makes no warranties or representations about the accuracy or completeness of the content provided through the Joboo platform or the content of any sites linked to the Joboo platform and assumes no liability or responsibility in contract, warranty or in tort for any
(i) errors, mistakes, or inaccuracies of content.
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Joboo platform.
(iii) any access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
(iv) force majeure
10.3 The company does not represent or warrant that
(a) the use of the Joboo Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
(b) the Joboo Platform will meet your requirements or expectations,
(c) any stored data will be accurate or reliable,
(d) errors or defects in the Joboo Platform will be corrected to your specifications.
(e) the server(s) that make the Joboo Platform available are free of viruse,system failures,worms,Trojan horses or other harmful components or malfunctions including during hyperlink to or from third-party websites. Joboo and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
10.4 Joboo does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Joboo Platform or any hyperlinked website or featured in any banner or other advertising, and Joboo will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
10.5 As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
10.6 Joboo and Affiliates are not responsible for the conduct, whether online or offline, of any User.
10.7 Joboo does not provide any warranties or guarantees regarding any Expert’s professional accreditation, registration or license.
10.8 In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
Terms of Work and Service Delivery
11.1 Joboo does not offer any services nor does it employ any experts to offer services or perform any task to any client that uses the platform .It is a platform that connects a client with independent experts . As a client, you indemnify and hold Joboo and affiliates harmless, as an expert, you fully and finally release Joboo and affiliates, from all liabilities, claims, causes of action, demands, damages, losses, fines, penalties or other costs or expenses that experts or their associates may incur or become entitled to, whether under contract, common law, civil law, statute or otherwise, in respect of tasks or service agreements or the use of the Joboo platform, including with respect to misclassification of experts and associates and the termination or cessation of any tasks, service agreements, this agreement or the use of the Joboo platform.
11.2 Users (Experts and Clients) have no legal authority to enter into contract whether in oral or written form,implied or express contract on the company’s behalf. Joboo will not provide any equipment, tools, labor or materials needed for a particular chore or task. Joboo does not provide any supervision to Users.
11.3 Clients must exercise caution when dealing with experts in order to protect their personal safety and that of their property .
11.4 Joboo Platform is not an employment agency service or business and Joboo is not an employer of any Expert. It is a communication platform linking experts and clients .As such Joboo is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, individual benefit plans, social security, disability insurance or any other applicable legal withholdings in connection with a User (Expert/Client) use of the Joboo Platform.
11.5 Experts acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Chores, Tasks, and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
11.6 Clients should be ready to supervise their work as per their standards.
11.7 The Company and its affiliates and licensors will not be liable, to the extent permitted by law, for any claim, injury or damage arising in connection with your use of the Joboo Platform.
11.8 If you are a Joboo Expert, you are an independent contractor and you are not an employee, owner, joint venturer, partner or representative of the Company and there is no employment agreement between you and the Company. In addition, if you are a Joboo Expert , you further understand and agree that you have no authority to bind the Company and you will not make any representations to any party that you have any authority to bind the Company, as an employee, partner or otherwise.
12. Limitation of Liability
12.1 You acknowledge and agree that Joboo is only willing to provide the Joboo Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Joboo and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Joboo Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Joboo and Affiliates and any destruction of your User Generated Content.
12.2 Under no circumstances will Joboo and affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by Joboo, or the cost of substitute products or services) arising in connection with your use of or inability to use the Joboo platform or the task/chore services, even if advised of the possibility of the same. Joboo and affiliates expressly disclaim any liability that may arise between USERS of its Joboo platform. Joboo and affiliates also do not accept any liability with respect to the quality or fitness of any work performed via the Joboo platform.
12.3 If, notwithstanding the foregoing exclusions, it is determined that Joboo and affiliates or their corporate partners are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to company during the eight (8) months prior to the time such claim arose, to the extent permitted by applicable law.
12.4 In no event shall the Company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). The Company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including but not limited to loss, damage or injury arising out of, or in any way connected with the Joboo Platform, including but not limited to the use or inability to use the Joboo Platform, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or software, even if the Company and/or its licensors have been previously advised of the possibility of such damages.
12.5The Joboo Platform provides a passive medium through which you may choose to secure services from a third party Contractor(s). You expressly waive and release the Company from any and all liability, claims or damages arising from or in any way related to the Contractor. The Company will act as a party to disputes, negotiations of disputes between you and Contractors only to the best of its ability with no expectations on resolution. Responsibility for the decisions you make regarding having accessed the Joboo Platform rests solely with you.
12.6 The quality of the services (including related goods) scheduled through the use of the Joboo Platform is entirely the responsibility of the relevant Contractor who ultimately provides such services to you. You understand, therefore, that by using the Joboo Platform, you may be exposed to services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the services of Contractor(s) at your own risk.
12.7 By using the Joboo Platform, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use the Joboo Platform.
13.1 By accepting these Joboo Terms and using the Joboo Platform, you agree to defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with:
(a) your violation or breach of these Joboo terms or any applicable law or regulation, whether or not referenced herein.
(b) your violation of any rights of any third party, including providers of services arranged via the Joboo Platform.
(c) your use or misuse of the Joboo Platform or Service.
13.2 You hereby agree to indemnify, defend, and hold harmless Joboo and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with ;
- Your use or inability to use the Joboo Platform to perform Tasks/Chores.
- Your breach or violation of this Agreement.
- Your violation of any law, or the rights of any User or Third Party.
- Any content submitted by you or using your account to the Joboo Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.
- You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden on our infrastructure.
13.4 Joboo reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Joboo.
14.1 The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by SMS to the number collected upon your use of the service. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending.
15 Controlling Law and Jurisdiction
15.1 These Joboo Terms will be interpreted in accordance with the laws of Kenya.
15.2 You and the Company agree to submit to a court of competent jurisdiction within Kenya for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
16. Dispute Resolution
16.1 Informal negotiations : To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above with the agreement of all parties involved .
16.2 Binding arbitration: If you and the Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service or Software (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Nairobi Centre for International Arbitration (Arbitration) Rules, 2015 (the “NCIA Rules”) and in accordance with the Arbitration Act 1995(revised 2010), both of which are available at the website www.eklr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the NCIA Rules. If your claim for damages does not exceed Ksh 30,000, the Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Civil Procedure Act, Cap. 21 Laws of Kenya). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
16.3 Waiver of right to be a plaintiff or class member in a purported class action or representative proceeding : You and the Company agree that any arbitration will be limited to the Dispute between the Company and you individually. You acknowledge and agree that you and the company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
17.1 This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to;
- a parent or subsidiary,
- an acquirer of assets, or
- any other successor or acquirer. Any purported assignment in violation of this section shall be void.
18.1 No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.
19. Other Parties
19.1 You accept that, as a corporation, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company’s officers or employees in respect of any losses you suffer in connection with the Joboo Platform . Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
- Breaches of these terms and conditions
Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company 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, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.