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Clients' Care

Terms and Conditions of use


Welcome to the “FUNDIS APP” platform, hereinafter referred to as “the Platform”

These are the platform’s terms of use as contained on the domain http://fundis.co.ke/t&c's

Introduction
  1. FUNDIS APP is a platform (referral communications link) that enables the connection between entities seeking for repair/specialists’ services (YOU) and entities providing such services and/or products (Technicians/Experts/Pros/Fundis/Artisans/Craftsmen/Handymen/ Specialists) collectively hereinafter referred to as FUNDIS ASSOCIATES).
  2. FUNDIS APP LIMITED, a company duly incorporated under the Laws of Kenya and headquartered in Nairobi, Kenya, undertakes personal and professional background checks on all FUNDIS REPAIRS’ ASSOCIATES before contracting them and continuously collects and evaluates feedback from their interactions with YOU. Therefore, past reliability, quality and/or suitability of their service is not guaranteed with certainty per instance.
  3. FUNDIS APP LIMITED holds and contractually obligates the FUNDIS REPAIRS’ ASSOCIATES to the highest possible industry standards on service and/or products’ quality. Consequently, FUNDIS REPAIRS’ ASSOCIATES agree to offer YOU a job warranty of not more than three (3) months on every job request executed as a proof of preeminent workmanship
  4. FUNDIS APP LIMITED does not provide the repair/specialists’ service but takes responsibility towards clients in receiving Clients’ job requests on the platform, acknowledging receipt of such job requests, linkage with the FUNDIS REPAIRS’ ASSOCIATES, Clients’ update on job execution status, payments’ facilitation, complaints, returns, chargebacks et cetera. In case of disputes, FUNDIS APP LIMITED will mediate between the service/product provider and YOU the user to reach an agreeable solution.
GENERAL RULES RELATING TO USE:

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:

  1. By using the platform (including and not limited to downloading, installing, accessing and/or using the platform’s FUNDIS APP and/or any other software availed by FUNDIS APP LIMITED to enable the usage of the service provided thereto, or by receiving ANY services from FUNDIS APP LIMITED including as published from time to time on the website http://fundis.co.ke and any telephonic and/or social media messages sent that combined constitute the platform’s service, YOU expressly acknowledge and agree to be bound by the following terms and conditions (“Terms“) including any subsequent amendments and/or additions thereto that shall be published on FUNDIS APP LIMITED website http://fundis.co.ke/t&c's
  2. FUNDIS APP LIMITED reserves the right to periodically amend these terms as occasion demands and such modifications shall be published immediately they are made on its website http://fundis.co.ke/t&c's and publicized on its official social media pages.
  3. FUNDIS APP LIMITED guarantees YOU that such modifications shall not be made with intent to be deliberately to YOUR detriment but SHALL be made for the purpose of continuous and never ending service improvement and/or to abide with any existing Laws and/or Legal obligations existing per time.
  4. YOU are however responsible for staying updated with such modifications every time YOU use the platform’s service as contained on http://fundis.co.ke/t&c's and YOUR continued use of the platform shall be construed to mean you consent to such changes.
  5. If YOU have any queries about these Terms and/or any part contained herein that forms part of these Terms, please contact FUNDIS APP LIMITED by any of the means set out in the FUNDIS APP and/or any of its related software, or via official FUNDIS APP LIMITED’s social media pages, or the platform’s telephone numbers and CONTACT US details together with any physical address provided on the website http://fundis.co.ke . If YOU do not agree with these Terms, YOU should stop using the Platform immediately.
  6. FUNDIS APP PLATFORM
    1. FUNDIS APP LIMITED and the platform’s service is not a repair service, a specialist or a repairs’ service provider. The company does not provide any repair services or products whatsoever. It is up to the third party service providers, FUNDIS’ REPAIRS’ ASSOCIATES/ THE FUNDI (s) to offer any such repair or specialist services. FUNDIS APP LIMITED is not responsible or liable for any specialist services or products provided to YOU by any such independent contractors. FUNDIS APP LIMITED and the FUNDIS APP platform are a passive medium (a referral communications) link through which business relationships can be established between private individuals and the independent contractors.
    2. 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.

    3. When interacting with contractors, YOU should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other service providers you aren’t well acquainted with.
    4. FUNDIS APP LIMITED 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.
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    6. Lorem Ipsum is simply dummy text of the printing and typesetting industry.it has a more-or-less normal distribution of letters, as opposed Lorem Ipsum has been the industry's standard dummy text ever since the 1500s
    7. Further, by using the platform you agree that YOU shall not;

    8. Use the platform in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
    9. Attempt to gain unauthorized access to the platform’s website, FUNDIS APP mobile application or any related software or any networks, servers or computer systems connected thereto; or
    10. Modify, adapt, translate or reverse engineer any part of the platform’s FUNDIS APP mobile application or associated software except to the extent expressly permitted by these Terms or by law or
    11. Copy or distribute any parts of or the entire content of the FUNDIS APP platform without written consent from the Company.
    12. YOU agree that you will access the FUNDIS APP platform only through the authorized access points and that YOU will keep secure and confidential your access details to the platform.
    13. YOU agree to indemnify FUNDIS APP LIMITED in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of YOUR use of the platform otherwise than in accordance with these Terms or Applicable Laws.
    CONTENT
    1. The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to FUNDIS APP LIMITED. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without FUNDIS APP express written permission.
    2. The trademarks, service marks, and logos (“Trade Marks“) contained on the platform are owned by Fundis APP Limited or its group companies or third party partners of Fundis App Ltd. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Fundis App Limited or the relevant group company or the relevant third party partner of Fundis APP LIMITED.
    3. PRIVACY POLICY

      We take your privacy very seriously. Should you feel that any content in relation to the FUNDIS APP PLATFORM violates or in any way infringes your privacy or any copyright, YOU may notify the company through any of the availed contact channels requesting such content removed or be made inaccessible. Any data collected and/or stored from YOU shall only be used in accordance with the terms of the FUNDIS privacy policy. By using the FUNDIS APP PLATFORM, you acknowledge and agree that you have read and accept the terms of our privacy policy and these Terms.

      DISCLAIMER / LIABILITY

      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:

      1. FUNDIS APP LIMITED disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the FUNDIS APP PLATFORM; and
      2. The FUNDIS APP PLATFORM acts a communications link which you may choose to secure services/product from a third party (independent) contractor (s). YOU expressly waive and release FUNDI APP LIMITED from any and all any liability, claims or damages arising from or in any way related to such third party/ independent contractor (s). 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 FUNDIS PLATFORM rests solely with you.
      3. The quality of the services/ products is entirely the responsibility of the FUNDIS REPAIRS’ ASSOCIATES. YOU understand, therefore, that by using the FUNDIS PLATFORM, you may be exposed to services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use such service at your own risk
      4. All implied warranties, terms and conditions relating to the FUNDIS APP PLATFORM (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between FUNDIS REPAIRS’ ASSOCIATES and YOU, hereby excluded. in particular, but without prejudice to the foregoing, FUNDIS APP LIMITED accepts no responsibility for any technical failure of the internet and/or any software made available by FUNDIS APP LIMITED for YOUR use; or any damage or injury to users or their equipment as a result of or relating to their use of any software made available by FUNDI APP LIMITED. Your statutory rights are not affected.
      5. FUNDIS APP LIMITED will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with any software made available for your use by FUNDI APP LIMITED, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. Nothing in these Terms shall be construed as excluding or limiting the liability of FUNDI APP LIMITED or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by the law.
      6. SERVICE SUSPENSION

        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.

        ADVERTISERS IN THE PLATFORM:

        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.

        NOTICE

        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.

        CONTROLLING LAW AND JURISDICTION

        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.

        Dispute Resolution
        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.
        2. If any claim or dispute cannot be settled by negotiation within [21] days after either party has made a written offer to the other party to negotiate a settlement to such claim or dispute, the parties shall, before resorting to court proceedings, attempt to resolve the claim or dispute by mediation in accordance with the Strathmore Dispute Resolution Centre Mediation Guidelines which Guidelines are deemed to be incorporated by reference to this clause.
        3. If the parties have not settled any claim or dispute by mediation within 42 days from the initiation of the mediation, the dispute shall be referred to an arbitrator and the decision of the arbitrator shall be final without recourse to any court processes.
        4. General

          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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