WELCOME TO Famio Services Limited
Please read the following terms & conditions thoroughly and carefully. By using the website and /or Services you do hereby warrant and represent that you have read, understood and agree to all terms and conditions stated herein.
Famio Services Ltd is a company incorporated under Kenyan law (“Famio Services”, “Famio”, “we” or “us”), owning and operating the Website.
- “Famio Services” means the facility provided by the Website including but not limited to (i) accepting Service User requests and disseminating them to Service Professionals; (ii) facilitating Service Professionals to render quotations to Service Users; (iii) facilitating Service Users and Service Professionals to make contact; (iv) maintaining profiles for Service Professionals; and (v) any other ancillary or related services;
- “Service” means the professional service offered and / or to be rendered by the Service Professional in the course of his business to a Service User;
- “Service User” means any individual or company that has (i) used or browsed the Website; and / or (ii) submitted a request for professional services offered by Service Professionals, via the Website, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Service Professional via the Website;
- “Service Professional” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Website;
- “user”, “you” and “your”, as applicable, means a person who accesses, uses, and/or participates in the Website in any manner, whether as a Service User or Service Professional; and
3. Function and Purpose
You acknowledge that the Website functions as an online platform for Service Users to connect with Service Professionals for the purposes of transacting to respectively receive and provide Services. Famio Services is not itself a Service Professional or a Service User.
4. User Representation
By using or participating in the Website, you represent, warrant and undertake that:
- you are at least eighteen (18) years of age;
- you are or intend to be either a Service Professional or Service User;
- all registration or other information that you are required to submit in order to gain full use of thie Website for your intended purpose as a Service Professional or Service User is true and accurate and that you will maintain the accuracy of such information;
- your use of the Website and Services offered through this Website do not violate any applicable law or regulation which you are subject to;
5. License to Access
you will not copy, distribute, or make derivative works of the Website in any medium without Famio’s prior written consent;
you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and
you will otherwise act in accordance with these Terms & conditions and with all applicable laws.
6. Your Submitted Content – Prohibitions, Representations and Warranties
- You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website including but not limited to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Website, the Service, the Service Professional, or the Service User (collectively referred to as “Submitted Content”) that
- invades anyone’s privacy by attempting to harvest, collect or otherwise utilize or publish any of their information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage Famio services or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally, or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
- is in whole or part copyrighted, protected trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Famio all of the license rights granted therein;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers through any means;
- advertises or solicits a business not related to or appropriate for the Website (as determined by Famio in its sole discretion);
- contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
- contains advertising for Ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm Famio, or the interests or property of Famio users;
- is non-local or irrelevant content; or
- Contains identical content to other open Postings you have already posted, or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Famio.
- You will not send messages to other users whom you have made contact with via or through the Website containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- Unsolicited advertising or marketing of a service that is (i) not offered on the Website; or (ii) is offered on an external website.
- While using the Website, you shall not:
- post content or items in any inappropriate category or areas on the Website;
- fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon;
- circumvent or manipulate any fee structure or billing process that we may have or implement;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
- take any action that may undermine any feature that Famio has or may come up with for the purposes of the Website; or
- leave any untrue or inappropriate feedback about a Service Professional and you shall at all times use careful and good judgment in leaving any feedback
- You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. You hereby affirm, represent, and/or warrant that:
- you own or have the necessary licenses, rights, consents, and permissions to use and authorize Famio services to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person.
7. Famio – Disclaimers and Right to Remove Submitted Content
- Famio does not endorse any Submitted Content or any opinion, recommendation, or advice provided by any users and Famio expressly disclaims any and all liability in connection with all Submitted Content.
- Famio does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Famio will remove any Data or Submitted Content in its sole discretion, upon being notified or having reason to believe that an infringement has occurred, without prior notice to a user who has or is suspected to have conducted such infringement. Famio may take any action or steps it deems fit in its sole discretion against such infringer.
- Famio reserves the right in its sole and absolute discretion to decide whether any Data or Submitted Content is appropriate and complies with these Terms & conditions for any and all violations.
- You acknowledge and understand that when using the Website, you will be exposed to Submitted Content:
- from a variety of sources and that Famio is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content; and
- that is or may be inaccurate, offensive, indecent, or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against Famio, and agree to indemnify and hold Famio, its owners, members, managers, operators, directors, officers, agents, affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
- You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Famio services may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Terms & conditions or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
8. Service Professionals
- If you are an individual using the Website and/or have register for an Account as a Service Professional, you represent and warrant that you have the authority to bind the individual and/or company that is responsible for and operates the business as a Service Professional and your acceptance of the Terms & conditions will be deemed an acceptance by that Service Professional.
- By signing up, registering or creating an Account on the Website as a Service Professional, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and/or (ii) provision of your Service.
- Service Professionals shall not:
- register or list on the Website in a category of Service which they do not offer or that is irrelevant to or inappropriate for the Service they are offering;
- misrepresent the location(s) at which they will provide a Service;
- include third party brand names or other inappropriate keywords in their Profile, title or any posting, messages or submission made in or through the Website;
- use misleading titles, words or phrases that do not accurately describe the Service they provide;
- include any information in their Profile that is fraudulent or otherwise incorrect;
- do anything to circumvent or avoid any fees that Famio may charge;
- conduct fraud or misconduct on any promotions or partnerships which Famio may conduct;
- use their Profile or the Website for promoting (i) products or goods; (ii) Services which are not offered by the Service Professional through the Website; (iii) Services which are not a recognized category on the Website; (iv) any website, service, product, party or anything not directly related to their Service or otherwise prohibited by Famio in its sole discretion from time to time; or (iv) any services that may be prohibited under law;
- solicit Service Users or any person to pay or do anything not specifically permitted by these Terms & conditions or by Famio as it may in its sole discretion determine from time to time;
9. Service Users
- Service Users shall not:
- commit to purchasing or using a Service with no intention of paying for such Service;
- sign up, request or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
- request for or agree to purchase a Service when (i) you know, have reason to believe or have been put on notice that you do not meet the Service Professional’s terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.
- As a Service User, you are encouraged to exercise reasonable and independent judgment, discretion and care in deciding to hire and engaging with a Service Professional.
10. Intellectual Property Rights
- The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Famio services, subject to copyright and other intellectual property rights under Kenyan laws, other applicable laws and international conventions. Such Data and/or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and Famio owns and retains all rights in such Data and Marks. All other trademarks, names, and logos on this Website are the property of their respective owners.
- Data on the Website is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
- Famio services reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
- Your interactions with other users, whether individuals, companies and/or organizations and whether Service Professional or Service Users, found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.
- You understand and acknowledge that deciding whether to:
- use the Services of a Service Professional
- provide Services to a Service User; or
- use information contained in any Submitted Content
is your personal decision, for which you alone are responsible. You understand that Famio services does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any user.
- In the event of any dispute between you and a Service User, Service Professional or any other third party or user in relation to the Website, such dispute shall be resolved between you and such Service User, Service Professional or any third party or user, and Famio shall not have or hold any responsibility, liability or obligation in relation thereof.
- NOT WITHSTANDING THE FOREGOING, YOU AGREE THAT FAMIO SERVICES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS ON THE WEBSITE, OR BETWEEN USERS AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT FAMIO IS UNDER NO OBLIGATION TO BE INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE FAMIO, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER.
12. Advertisements and Third Party Links
- Aspects of the Website and other Famio services may be supported by advertising revenue. As such, Famio may display advertisements and promotions on the service. The manner, mode and extent of advertising by Famio on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by Famio of any advertised products or services. You agree that Famio shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.
- The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites. You acknowledge and agree that Famio is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be Famio’s endorsement of such third-party sites or any product or service offered through them.
- We do not monitor or have any control over and make no claim or representation regarding third party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website.
- You further acknowledge and agree that Famio shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Website, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Website, and you accept all responsibility thereof. Your dealings and communications through the Website with any party other than Famio are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party
Famio services reserves the right at its sole discretion to charge fees to Service Professionals for conducting transactions with Service Users through Famio Services. Famio services reserves the right to charge fees for such facilities at its sole discretion. you agree to pay any such fees as Famio services may notify to you.
14. Entire Terms
15. Governing Law
These Terms & conditions shall be governed by the laws of Kenya and you agree to submit to the jurisdiction of the courts of Kenya in the event of any claims or disputes.