Terms and Conditions

These terms of use (including any documents referred to in them) together with the privacy policy available at www.safisafi.co.ke/privacypolicy tell you the terms on which you may make use of our website www.safisafi.co.ke (the Site) and/or our mobile application (the App), whether as a guest or a registered user, and the connection service that we provide through them (collectively, SafiSafi Platform).

All rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the"Agreement".

Please read these terms of use carefully before you start to make any use of the SafiSafi Platform, as they will apply to your use of it. By using the SafiSafi Platform, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use the SafiSafi Platform.

By using the SafiSafi Platform, you represent and warrant that: (i) you are at least 18 years old and are otherwise capable of entering into binding contracts and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

 

1. THE SAFISAFI PLATFORM IS A COMMUNICATIONS PLATFORM.

Please note that we simply provide the platform that connects users (such as you) with Service Providers and allows them to be introduced. We do not, ourselves, provide any cleaning services or other services of the type listed on the Site as being provided by Service Providers and any contract for the provision of those services is between you and the relevant Service Provider (and not us). It is up to the relevant Service Provider to perform any services you request through the SafiSafi Platform (and, if requested by you, to provide any cleaning materials required) and you agree to comply with any terms of service that apply between you and the relevant Service Provider.

We do not employ Service Providers and, unless otherwise specified in these terms of use, we are not responsible for (and make no representations, warranties or guarantees as to) the behavior, acts or omissions of any Service Providers you engage through the SafiSafi Platform or the quality of the services they provide.

If you have a complaint in relation to the services provided by a Service Provider, that complaint must be taken up with the Service Provider directly. If you are unable to resolve a dispute with a Service Provider or you cannot come to an agreement with a Service Provider, please contact us and we will use our reasonable endeavors to try to resolve the dispute.

We do take reasonable measures to ensure the suitability and quality of the Service Providers, including, without limitation, conducting interviews, obtaining proof of identity and address, obtaining references and training our cleaners. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from the SafiSafi Platform on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.

 

2. NO EMPLOYMENT.

SafiSafi provides a software platform which allows you to connect with independent Professionals. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of SafiSafi for any purpose whatsoever. You acknowledge that we do not direct, or control a Professional work or Professional Services performed in any manner.

 

3. USER REGISTRATION, SECURITY AND ACCOUNT

A) Personal Information

Use of, and access to, certain parts of the SafiSafi Platform may require you to register with us. If you wish to register, you must complete all of the fields on the registration page. We may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by someone else that may be construed as impersonating another person that belongs to another person that violates the intellectual property or other rights of any person that is offensive or that we reject for any other reason in our sole discretion. You must not create an account on the SafiSafi platform using an email address other than your own or one that you are not permitted to use and, if you know or suspect that someone other than you has successfully registered to use the SafiSafi Platform using your email address, you must notify us immediately at hello@safisafi.co.ke.

You agree that all information provided on the registration page will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required.

B) Account, Password and Security

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.

You may not authorise others to access the SafiSafi Platform using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at hello@safisafi.co.ke and change your password.

Any personal information supplied hereunder will be subject to the terms of the Privacy Policy.

 

4. PRICING AND PAYMENT

When you first request the services of a Service Provider, you will be asked to provide us with valid credit or debit card payment details or pay through a mobile money network like MPESA to pay for the services you request through the SafiSafi Platform. We use a third party payment service provider and will store your card details for such purpose and you agree that we may undertake authorisation checks on that card.

If you request the services of a Service Provider we charge you upfront for the services requested based on a fee calculated on:

  • A fee due to the Service Provider based on the duration of the visit(s) (i.e. the number of hours worked) and
  • A rate calculated at fee/hour dependent on the service provided.

We collect the fee due to the Service Provider as agent for, and on behalf of, the Service Provider.

To the extent applicable, all fees are inclusive of VAT at the prevailing rate.

Additional items to be purchased to complete your service such as electrical fittings, plumbing fittings and handyman materials is a transaction between you and your Service Provider. It remains your responsibility to ensure that the prices quoted to you are fair. Any Payments paid outside of the SafiSafi Platform are not subject to our Money-Back Guarantee (see Section 5.).

 

5. MONEY-BACK GUARANTEE

If the Requester ordered and paid for a Professional Service through the SafiSafi Platform and the Professional Service has already been performed, and if you are not satisfied with that Professional Service, then the Requester is eligible for our Money- Back Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our customer service telephone number or by lodging a complaint through the help form. The Money-Back Guarantee is as follows: we will either credit the your account with credits in the amount that you have paid for the service, or, alternatively, we will have the applicable Professional Service re- performed. If you elect to have the Professional Service re- performed and you are still not satisfied with the Professional Service after it has been re-performed, we will refund your Payment amount for such Professional Service by adding credits to your SafiSafi account or, at your request, by refunding the amount to the credit card on file.

The amount of SafiSafi's Money-Back Guarantee is solely applicable for the Professional Service that you requested and limited to the payment made for the same service. The SafiSafi Money-Back Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Professional Services. For clarity, SafiSafi Money-Back Guarantee does not apply to any payments made for Merchandise, and solely applies to payments made for the Professional Services to deliver and/or assemble the Merchandise, as applicable.

 

6. BOOKING PROCESS, RESCHEDULING AND CANCELLATION

If you request the services of a Service Provider, we will notify you by email when a Service Provider has accepted your request and confirmed the booking.

If you decide to cancel or reschedule a booking (whether for a one- off visit or on a repeat basis), you may do so via the Site or the App, subject in each case to the following conditions:

  • if the booking is not yet confirmed, you may cancel or reschedule it without charge
  • if a Service Provider has confirmed the booking but has not yet carried out the services requested, you may cancel or reschedule it without charge up to 24 hours before the scheduled start time of the visit (and, if we have already taken payment of a deposit for such visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit) and
  • if you cancel or reschedule between 4 to 24 hours before the scheduled start time of the visit, we reserve the right to charge a cancellation fee as stated on the Site
  • If you cancel or reschedule less than 4 hours before the scheduled appointment you will be charged for the full amount of service without any recourse to refund. Cancellations direct with the relevant Service Provider are not permitted and will not be accepted. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments.

If you want to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying SafiSafi. You must notify SafiSafi either by changing the date or hours of the requested Professional Service through the SafiSafi Platform or by contacting our Customer Service team.

If a booking is cancelled by the Service Provider or if the Service Provider fails to attend the agreed location to provide the services requested, please notify us within 72 hours following the scheduled start time of the visit and, if still required, make another request for the relevant services to be provided by the Service Provider (or another Service Provider) at another mutually agreeable time. If we have already taken payment of a deposit for such visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit.

 

7. SPECIAL PROMOTIONS

We may from time to time provide certain promotional opportunities to you. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.

In the event that you are given a promotional code through which you may refer a friend to the SafiSafi Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Referral credits have no cash value and are not redeemable for cash.

 

8. INTELLECTUAL PROPERTY RIGHTS

 

We are the owner or the licensee of all intellectual property rights in the SafiSafi Platform and in the material published on it. You acknowledge that you have no rights in or the SafiSafi Platform or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of the SafiSafi Platform in breach of these terms of use, your right to use the SafiSafi Platform will cease immediately.

 

You must not use any part of the content on the SafiSafi Platform for commercial purposes without obtaining a license or other written consent to do so form us or our licensors.

 

safisafi.co.ke and the App are registered trade marks of Safi Safi Kenya Ltd. We reserve all rights in these trade marks, the safisafi.co.ke domain name and all related domains and sub- domains and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on safisafi.co.ke and nothing in these terms of use should be construed as granting any license or right to use any of such trade marks or domain names.

 

Other trade marks, products and company or brand names mentioned on the SafiSafi Platfrom may be the trade marks of their respective owners or licensors and all rights in such trade marks are reserved to their respective owners or licensors.

 

 

9. ACCESSING THE SAFISAFI PLATFORM

The Site and the App are made available free of charge and you may download the App onto any number of Mobile Devices. We make no representations, warranties or guarantees, whether express or implied, that the SafiSafi Platform or any content on it:

  • will always be available or be uninterrupted
  • will be error-free, accurate, complete or up-to- date or
  • will be secure or free from bugs or viruses.

Access to the SafiSafi Platform is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, the SafiSafi Platform is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access the SafiSafi Platform (including configuring your information technology) and you should use your own virus protection software.

If you control, but do not own, the Mobile Device onto which you download the App, you will be assumed to have obtained permission from the owner of the Mobile Device to do so. You or the owner of your Mobile Device may be charged by your or their mobile or internet service provider for data access on your Mobile Device. You accept responsibility in accordance with these terms of use for your use of the App on any Mobile Device, whether or not it is owned by you.

We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the SafiSafi Platform or any content or information on the SafiSafi Platform with or without notice.

 

10. TERMS AND TERMINATION

This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.

You may terminate this Agreement by completely and permanently ceasing to use the SafiSafi Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the SafiSafi Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by SafiSafi.

You may terminate the legal agreement between us and, if you are a registered user, request the closure of your account at any time by emailing us athello@safisafi.co.ke.

We may terminate this Agreement or terminate or suspend your right to use the SafiSafi Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the SafiSafi Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the SafiSafi Platform due to any Prohibited Conduct, we will refund in full any payments for SafiSafi services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, SafiSafi may delete the account and all the information in it. You have no ownership rights to your account.

 

11. LINKS TO THIRD PARTY WEBSITES AND RESOURCES AND LINKS TO THE SAFISAFI SITE

The Site and/or the App may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.

You may only link to the Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website in which you are linking must comply in all respects with our content standards. We reserve the right to withdraw linking permission without notice. If you wish to make any use of any content on the Site other than that set out above, please contact us at hello@safisafi.co.ke.

 

12. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider network.

 

13. RULES FOR USE OF THE SAFISAFI PLATFORM

During the term of this Agreement, you may use the SafiSafi Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). You may use the SafiSafi Platform to book Professional Services solely with respect to a location where you have legal authority to do so. You agree that an order for Professional Services is an offer, which is only accepted when you receive a confirmation of the order after payment.

You agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. You agree to communicate any complaints to us and not to the Professionals. You agree to comply with our complaint and other policies designated on the Site. You acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving SafiSafi. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall not use the SafiSafi Platform (including but not limited to any Community Areas) to do any of the following:

  • Use the SafiSafi Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
  • Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  • Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
  • Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff, Service Professionals and other Users.
  • Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
  • Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
  • Imply or state that any statements you make are endorsed by us, without our prior written consent.
  • Use the SafiSafi Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
  • Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
  • Modify, adapt, license, copy, distribute, reverse engineer, hack or otherwise interfere with the SafiSafi Platform, its servers or any connected networks.
  • Remove or alter any copyrights, trademarks or proprietary marks and rights owned by us.
  • Post material of a spamming nature, that is, post the same note repeatedly.

The SafiSafi Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, "Community Areas"). All submissions made to Community Areas within the SafiSafi Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the SafiSafi Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information:

  • will comply at all times with this Agreement, including but not limited to Section 13 (Rules for Use of the SafiSafi Platform) below, and with Section 3 (User registration, security and account) above and
  • will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the SafiSafi Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the SafiSafi Platform. We reserve the right to remove postings from Community Areas in our sole discretion.

 

14. LIMITATIONS OF LIABILITY

In no event shall SafiSafi, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any

  • access to or use of the website or any services offered by any service professionals via the website, including services provided pursuant to an agreement formed independently of the website, whether or not an agreement for service formed via the website is in effect
  • errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website or submitted content
  • any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
  • (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party
  • any interruption or cessation of transmission to or from the website
  • any errors or omissions in any data, content, information, materials or substance of the website or submitted content
  • any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website
  • any defamatory, offensive, or illegal conduct of any third party or service user or service professional or
  • any use of any data, marks, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not SafiSafi is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In no event shall the total, aggregate liability of SafiSafi, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to SafiSafi by you hereunder.

You hereby acknowledge and agree that SafiSafi shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that SafiSafi shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website. The website may contain links to third-party websites that are not owned or controlled by SafiSafi. SafiSafi does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, SafiSafi will not and cannot censor or edit the content of any third- party site. By using the website, you expressly relieve SafiSafi from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website.

 

15. CONTENT STANDARDS

These content standards apply to any and all material which you contribute to SafiSafi and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.

If you make use of any feature that allows you to post or upload any content to SafiSafi (for example, by providing a review, feedback and/or comments in relation to a Service Provider or when making contact with SafiSafi or other users of SafiSafi), any such content must be accurate and genuine and must be compliant with this Agreement, including but not limited to Rules for Use of the SafiSafi Platform below, User information, security and account.

You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to SafiSafi Platform from or through your account, including but not limited to all images, videos, musical works and text included in such postings. We reserve the right to remove at our sole discretion.

 

16. ASSIGNMENT.

This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments:

  • to a parent or subsidiary,
  • to an acquirer of assets, or
  • to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.

 

17. APPLICABLE LAW

These terms of use, their subject matter and formation are governed by Kenyan law. If you are a consumer, the courts of Kenya will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use. If you are a business, you and we each agree that the courts of Kenya will have exclusive jurisdiction over any claim arising from, or related to, these terms of use. Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.