Welcome to the “FUNDIS APP” platform, hereinafter referred to as “the Platform”
YOU agree that when using the platform YOU will comply with all Applicable Laws and these Terms. In particular, but without limitation, YOU agree that:
a. Every job request and the Particulars of every job request made by YOU shall be confirmed by an acknowledgement of job request receipt from the platform.
b. Any job without an acknowledgement of job request receipt from the platform shall not be considered as a job made on the FUNDIS APP platform. You are therefore required to make sure you receive a job request receipt for every job request YOU make on the FUNDIS APP PLATFORM.
c. Every job request made by YOU shall be relayed to the relevant FUNDIS REPAIRS’ ASSOCIATE and YOU shall be notified of every such independent contractor it has been relayed to. The acknowledgement of job request receipt shall be made to YOU by any one of the platform’s channels of communication. Upon receipt and acceptance of the acknowledgement of job request receipt from the FUNDIS APP platform, YOU agree with the FUNDIS APP terms stated herein and any other FUNDIS APP LIMITED overall terms.
d. All monetary payment for all services rendered by FUNDIS REPAIRS’ ASSOCIATES or for the procurement of requisite materials for the purposes of job requests execution shall be approved by FUNDIS APP LIMITED and only payable to accounts provided by the company with payment receipts acknowledgement.
Further, by using the platform you agree that YOU shall not;
Use of the FUNDIS APP PLATFORM is at YOUR own risk. The FUNDIS APP PLATFORM is provided on an “as is” basis. In no instance shall FUNDIS APP LIMITED 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 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 FUNDIS APP PLATFORM. To the maximum extent permitted by law:
FUNDIS APP LIMITED reserves the right to suspend or cease providing any services relating to any software it avails for your use or published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
FUNDIS APP LIMITED accepts no responsibility for adverts contained within the FUNDIS APP PLATFORM. If YOU agree to purchase goods and/or services from any third party who advertises in the platform, YOU do so at your own risk. The advertiser, not FUNDIS APP LIMITED, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertisers.
The company may give notice to YOU by mean 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.
These Terms will be interpreted in accordance with the laws of Kenya. YOU and FUNDIS APP LIMITED agree to submit to the personal jurisdiction of a court located in Nairobi Kenya for any actions 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.
These Terms (as amended from time to time) constitute the entire agreement between you and Fundis concerning your use of the FUNDIS APP PLATFORM.
FUNDI APP LIMITED reserves the right to update these Terms from time to time. If it does so, the updates will be effective immediately. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the PLATFORM.
No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of FUNDIS APP LIMITED.
These Terms shall be governed by and construed in accordance with Kenyan law and you agree to submit to the exclusive jurisdiction of the Kenyan Courts.If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s) and all other provisions shall remain in full force and effect.
Failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by FUNDIS APP LIMITED in writing.
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