Terms and Conditions

  1. This page contains the terms and conditions (‘these Terms’) for www.FundiMjanja.com (‘this Website’). By accessing this Website, you are agreeing to be bound by these Terms all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
  2. These Terms may be occasionally updated, so please refer back to them in the future. By using this Website you agree to be bound by the then current version of these Terms.
  3. Use of Website

  4. You are permitted to use our website for your own personal use and to print and download material from this Website provided that you do not modify any content without our consent. Youare also free to bookmark and share links directing others to content on this Website. Material on this website must not otherwise be reproduced or republished, either online or offline, without our permission.
  5. Intellectual Property Information

  6. The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior written consent
  7. Subject to paragraph 3, no part of this Website may be reproduced without our prior written permission.
  8. Site up Time

  9. We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to maintenance, server or technical issues. Therefore we will not be liable if this Website is unavailable at any time.
  10. Visitor Conduct

  11. With the exception of personally identifiable information, the use of which is covered under our privacy policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. By posting content to this Website you agree we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
  12. When using this website you shall not post or send to or from this Website any material:
    (a) For which you have not obtained all necessary consents;
    (b) That is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law; or
    (c) Which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
  13. We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of paragraph 8 of these Terms.
  14. By posting content to this Website, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
  15. You agree to indemnify and hold us and our affiliated companies, and their directors, officers and employees, harmless for any and all claims or demands, including reasonable attorney fees that arise from or otherwise relate to your use of this Website, any content you supply to this Website, or your violation of these Terms or the rights of another.
  16. Links to and from Other Websites

  17. Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website doing so is at your own risk.
  18. Links to other websites may contain affiliate links. If so, we may receive a commission if you purchase a particular product or take a particular action.
  19. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions
    (a) You do not in any way imply that we are endorsing any services or products unless this has been specifically agreedwith us; (b) You do not misrepresent your relationship with us or present any false information about us;
    (c) You do not link from a website that is not owned by you; and
    (d) Your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with any applicable laws
  20. If you choose to link to our website in breach of Paragraph 14 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
  21. Disclaimers

  22. This Website is for informational purposes only and we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
  23. The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this Website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website. The material on this Website is provided ‘as is’ and you use it at your own risk.
  24. The information contained on this Website constitutes general information and commentary only. This information does not take into account your specific circumstances and in no way constitutes legal, business or other advice to you.
  25. You understand that all content posted to this Website is the sole responsibility of the individual who originally posted the content. You also understand that all opinions expressed by users of this Website are expressed strictly in their individual capacities, and not as a representative of Website, its owner or any of sponsors or partners.
  26. Exclusion of Liability

  27. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.
  28. Termination of Use

  29. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Website with or without notice and for any reason, including, without limitation, breach of these Terms.
  30. Governing Jurisdiction

  31. These Terms shall be governed by and construed in accordance with the law of the Republic of Kenya. By using this Website you agree that any dispute(s) arising in connection with this Website are subject to the exclusive jurisdiction of the Republic of Kenya.
  32. Limitations on the Use of Service

    • We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability.
    • We do not warrant that the functions contained in the Service will be uninterrupted or errorfreeand we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service).
    • We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail and/or SMS.

    Username and Password Information

    • You are responsible for:
      any and all transactions by persons that you give access to or that otherwise use such username or password, and

    Service Fees

    • We do not charge a fee to purchase goods or services as a Buyer.

    Disputes

    • Fundi Mjanja will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction. If Customers are unable to resolve a dispute, we can mediate disputes between buyers and sellers if either party requests assistance.

    FundiMjanja Not a Banking Institution

    • FundiMjanja processes Payment Transactions on behalf of Sellers. FundiMjanja is not a bank or other chartered depository institution.

    Termination of Service

    • We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time. Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you.

    No Endorsement of Products

    • Fundi Mjanja does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the Service; or(b) the ability of Buyers to buy Products or Sellers to deliver Products. FundiMjanjahereby disclaims any liability or responsibility for errors or omissions in any Content orin the Service.

    Limitations of Liability; Force Majeure

    • Fundi Mjanja shall not be liable to the Buyer in the event of any disruption of the Service or the Payment Platform or any part thereof resulting from Force Majeure and FundiMjanja may suspend the Service or part thereof in such an event. Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for FundiMjanjato perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of the Service caused by disruption or suspension of the telecommunication facilities.

    Jurisdiction; Governing Law

    • This Terms of Service shall be governed in all aspects in accordance with the Laws of Kenya and a court of complete jurisdiction in Kenya shall determine every claim or dispute arising out of or in connection with this Terms of Service.

    Modification of Terms of Service for Buyers

    • We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on FundiMjanja Web Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

    Exclusion of Liability:

    • Although www.FundiMjanja.com strives to ensure that all tradesmen listed in the website are duly qualified and competent, under no circumstance does www.FundiMjanja.com take responsibility for the incorrect or improper details provided by the tradesmen. Since we are maintaining web based service, not direct counseling.
      All information on theWeb Site is provided "AS IS", with no express or implied warranty of any kind. Use of this Web Site is at user's sole risk. www.FundiMjanja.com makes no warranty as to the accuracy, completeness or timeliness of any of the material on the Web site and under no circumstances www.FundiMjanja.com not be liable for any direct, indirect, incidental, special or consequential expenses or damages incurred by reason of its use, including expenses or damages arising from communication failure and/or computer malfunctions associated with use of the Web Site. www.FundiMjanja.com may, in its discretion, periodically add, change, improve or update the materials on the Web Site without notice, and reserves the right to limit or discontinue the Web Site or deny any user access there to without notice.
      The Web Site is controlled, operated and administered by the www.FundiMjanja.com from its offices.

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TERMS AND CONDITIONS
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info@fundimjanja.com

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