Address

48 Westlands Road

P.O Box 650-00606

Contact

Follow

©2019 BY TANDA.


TERMS OF USE

Last updated October 09, 2018** 
 

 
AGREEMENT TO TERMS

 
These Terms of Use constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and DUKAPAY
LTD, doing business as Tanda("*Tanda*", “*we*”, “*us*”, or “*our*”),
concerning your access to and use of the jointanda.co.ke website as well
as any other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected thereto
(collectively, the “Site”). You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of these Terms of
Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
 
Supplemental terms and conditions or documents that may be posted on the
Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date
of these Terms of Use, and you waive any right to receive specific
notice of each such change. It is your responsibility to periodically
review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use
of the Site after the date such revised Terms of Use are posted.  
 
The information provided on the Site is not intended for distribution to
or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent
local laws are applicable. 
 
All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be
directly supervised by, their parent or guardian to use the Site. If you
are a minor, you must have your parent or guardian read and agree to
these Terms of Use prior to you using the Site. 
 
INTELLECTUAL PROPERTY RIGHTS
 
Unless otherwise indicated, the Site is our proprietary property and all
source code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos contained
therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, foreign jurisdictions, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your
information and personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
 
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content and
the Marks.
 
USER REPRESENTATIONS
 
By using the Site, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly
update such registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Terms of Use;  (4) you
are not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the Site; (5) you will not
access the Site through automated or non-human means, whether through a
bot, script, or otherwise; (6) you will not use the Site for any illegal
or unauthorized purpose; and (7) your use of the Site will not violate
any applicable law or regulation.
 
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Site (or any portion
thereof). 
 
USER REGISTRATION
 
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.
 
 
PROHIBITED ACTIVITIES
 
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection
with any commercial endeavors except those that are specifically
endorsed or approved by us.
 
As a user of the Site, you agree not to:

1.  Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection, compilation,
database, or directory without written permission from us. 
2.  Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other means
for the purpose of sending unsolicited email, or creating user accounts
by automated means or under false pretenses. 
3.  Use the Site to advertise or offer to sell goods and services. 
4.  Circumvent, disable, or otherwise interfere with security-related
features of the Site, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use of the
Site and/or the Content contained therein. 
5.  Engage in unauthorized framing of or linking to the Site. 
6.  Trick, defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user passwords. 
7.  Make improper use of our support services or submit false reports of
abuse or misconduct. 
8.  Engage in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools. 
9.  Interfere with, disrupt, or create an undue burden on the Site or
the networks or services connected to the Site. 
10.  Attempt to impersonate another user or person or use the username
of another user. 
11.  Sell or otherwise transfer your profile. 
12.  Use any information obtained from the Site in order to harass,
abuse, or harm another person. 
13.  Use the Site as part of any effort to compete with us or otherwise
use the Site and/or the Content for any revenue-generating endeavor or
commercial enterprise. 
14.  Decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site. 
15.  Attempt to bypass any measures of the Site designed to prevent or
restrict access to the Site, or any portion of the Site. 
16.  Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you. 
17.  Delete the copyright or other proprietary rights notice from any
Content. 
18.  Copy or adapt the Site’s software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code. 
19.  Upload or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of capital
letters and spamming (continuous posting of repetitive text), that
interferes with any party’s uninterrupted use and enjoyment of the Site
or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site. 
20.  Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear graphics
interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or “passive
collection mechanisms” or “pcms”). 
21.  Except as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper,
or offline reader that accesses the Site, or using or launching any
unauthorized script or other software. 
22.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or
the Site. 
23.  Use the Site in a manner inconsistent with any applicable laws or
regulations. 
 

 
*MOBILE APPLICATION LICENSE*
 
*Use License*

 
If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or
controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this
mobile application license contained in these Terms of Use. You shall
not: (1) decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work
from the application; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the
application; (5) use the application for any revenue generating
endeavor, commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the application available over a network
or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with
or in any way a substitute for the application; (8) use the application
to send automated queries to any website or to send any unsolicited
commercial e-mail; or (9) use any proprietary information or any of our
interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
 
*Apple and Android Devices*
 
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an “App Distributor”)
to access the Site: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth
in the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services with
respect to the mobile application as specified in the terms and
conditions of this mobile application license contained in these Terms
of Use or as otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation whatsoever to
furnish any maintenance and support services with respect to the mobile
application; (3) in the event of any failure of the mobile application
to conform to any applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the mobile
application, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever with
respect to the mobile application; (4) you represent and warrant that
(i) you are not located in a country that is subject to a U.S.
government embargo, or that has been designated by the U.S. government
as a “terrorist supporting” country and (ii) you are not listed on any
U.S. government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the
mobile application, e.g., if you have a VoIP application, then you must
not be in violation of their wireless data service agreement when using
the mobile application; and (6) you acknowledge and agree that the App
Distributors are third-party beneficiaries of the terms and conditions
in this mobile application license contained in these Terms of Use, and
that each App Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Terms of Use against you
as a third-party beneficiary thereof. 
  
*SUBMISSIONS*
 
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby
waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the
right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions. 
 
*THIRD-PARTY WEBSITES AND CONTENT*
 
The Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are
not responsible for any Third-Party Websites accessed through the Site
or any Third-Party Content posted on, available through, or installed
from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or
any Third-Party Content does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at your
own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from
the Site or relating to any applications you use or install from the
Site. Any purchases you make through Third-Party Websites will be
through other websites and from other companies, and we take no
responsibility whatsoever in relation to such purchases which are
exclusively between you and the applicable third party. You agree and
acknowledge that we do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from any harm caused
by your purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you
relating to or resulting in any way from any Third-Party Content or any
contact with Third-Party Websites. 
 
*SITE MANAGEMENT*
 
We reserve the right, but not the obligation, to: (1) monitor the Site
for violations of these Terms of Use; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or
otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site.
 
*PRIVACY POLICY*

We care about data privacy and security. Please review our Privacy
Policy:* https://www.jointanda.co.ke/privacy-policy*. By using the Site,
you agree to be bound by our Privacy Policy, which is incorporated into
these Terms of Use. Please be advised the Site is hosted in the United
States. If you access the Site from the European Union, Asia, or any
other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable
laws in the United States, then through your continued use of the Site,
you are transferring your data to the United States, and you expressly
consent to have your data transferred to and processed in the United
States. 
 
*TERM AND TERMINATION*

 
These Terms of Use shall remain in full force and effect while you use
the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
 
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.
 
*MODIFICATIONS AND INTERRUPTIONS *
 
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Site.  
 
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason
without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to obligate us to
maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
 
*GOVERNING LAW *
 
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of
__________applicable to agreements made and to be entirely performed
within the State of __________, without regard to its conflict of law
principles.  
 
*DISPUTE RESOLUTION*
 
*Binding Arbitration*
 
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be
governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Nairobi County,
__________. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
 
If for any reason, a Dispute proceeds in court rather than arbitration,
the Dispute shall be commenced or prosecuted in the state and federal
courts located in Nairobi County, __________, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention
on Contracts for the International Sale of Goods and the the Uniform
Computer Information Transaction Act (UCITA) are excluded from these
Terms of Use.

In no event shall any Dispute brought by either Party related in any way
to the Site be commenced more than one (1) years after the cause of
action arose. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
 
*Restrictions*
 
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding; (b) there
is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
 
*Exceptions to Arbitration*
 
The Parties agree that the following Disputes are not subject to the
above provisions concerning binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this
provision is found to be illegal or unenforceable, then neither Party
will elect to arbitrate any Dispute falling within that portion of this
provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
 
*CORRECTIONS*
 
There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
 
*DISCLAIMER*
 
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
 
*LIMITATIONS OF LIABILITY*
 
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 USD. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
 
*INDEMNIFICATION*
 
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) use of the Site;
(2) breach of these Terms of Use; (3) any breach of your representations
and warranties set forth in these Terms of Use; (4) your violation of
the rights of a third party, including but not limited to intellectual
property rights; or (5) any overt harmful act toward any other user of
the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
  
*USER DATA*
 
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Site. You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
  
*ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES*
 
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email and
on the Site, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR VIA THE SITE. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means. 
 
*CALIFORNIA USERS AND RESIDENTS*
 
If any complaint with us is not satisfactorily resolved, you can contact
the Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
 
*MISCELLANEOUS*
 
These Terms of Use and any policies or operating rules posted by us on
the Site or in respect to the Site constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall not operate as a waiver
of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision
of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and
us as a result of these Terms of Use or use of the Site. You agree that
these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based
on the electronic form of these Terms of Use and the lack of signing by
the parties hereto to execute these Terms of Use.
 
*CONTACT US *
 
In order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at: 
 
*DUKAPAY LTD    
*Westlands, Nairobi  
*Nairobi City, Nairobi County *054-00606 *
*Kenya  
*Phone: +254712460100
*hello@jointanda.co.ke