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Terms & Conditions

BRAND TECHNOLOGY LIMITED (KAYA HELP)

KAYA HELP TERMS AND CONDITIONS

By using this platform, you have agreed to comply with the terms of usage of this platform which will be legally binding between you and KayaHelp, a subsidiary of Brand Technology Limited, registered at the Corporate Affairs Commission RC number 750068 (“KayaHelp”). If otherwise, do not accept.

These Terms expressly supersede prior agreements or arrangements with you. Kaya may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

KayaHelp may amend the Terms related to the Services from time to time. Amendments will be effective upon KayaHelp’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

License.

Subject to your compliance with these Terms, KayaHelp grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by KayaHelp and KayaHelp’s licensors.

 

  1. Our Service

The Service is an enabler, connecting artisans from different fields with customers who in turn are in need of their services. Customers enjoy full comfort in getting things done without having to spend through their noses. Partners also make more earnings by getting constantly connected with customers. This technology service enables users of the KayaHelp mobile applications to request unique services of various qualified artisans for a reasonable amount.

  1. Personalization

Artisans for the purpose of this terms and condition as well as for subsequent usage on the platform shall be referred to as “Partners” while parties who seek the services of this partners to help perform an assignment shall be called “Customers”. As a result, both parties will be known as ‘Users’ or ‘You’ on the platform. KayaHelp would be referred to as ‘We’ or ‘KayaHelp’ for the purpose of this Terms of Service.

“Your Information” is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas.

  1. Disclaimer

KayaHelp shall not be responsible for any omission, refusal to work, lateness, or any other discrepancy that may be caused by the partners in the course of performing their paid tasks to the customers. KayaHelp is only an enabler for customers to service providers, just to ease their everyday struggles on getting things done whether personally or in their respective homes. KayaHelp is only an avenue where partners can get more customers to enhance their everyday living. We would not be responsible for any failure of the partners to perfom a task or fulfil an appointment. Kaya help is not an employer of any partner who has willfully subscribed to this service

  1. Verification of Partners

By accepting the terms of this agreement, partners and customers agree to be vetted thoroughly before being set active on the platform. KayaHelp has employed the service of an accredited verification firm to run background checks on all the details of the partners comprising of personal information, bank details, guarantors information, Proficiency assurance, etc. Therefore, partners hereby willfully grant their consent to KayaHelp to conduct background checks and verification so long as it is required to do so.

You agree that the use of this service attracts some token for verification of the guarantor provided by you upon registration. The verification shall include;

  1. Verification of guarantor’s Personal Information
  2. Verification of guarantor’s Home Address

Payment of the guarantor details verification will be in the following format;

  1. Guarantor Verification – at the sum of N800 per verification

 

  1. Guarantor’s Address Verification:

 

  1. Within Lagos: under 500 requests per month – N600 each.
  2. Within Lagos: over 500 requests per month – N500 each.
  • Outside Lagos: N700 per verification

 

Despite this, KayaHelp will not take responsibility of authenticity and accuracy of the information after investigations have been made. Partners shall take full responsibility of same.  Customers are hereby advised to take caution and be sensitive when a service is being rendered to them by the parties.

LIABILITY SHALL NOT BE ON KAYAHELP, ITS AFFILIATES, LICENSOR OR THE HOLDING COMPANY FOR THE CONDUCT OF THE USERS WHETHER PHYSICALLY OR THROUGH THE PLATFORM. KAYAHELP, ITS AFFILIATES, LICENSOR OR THE HOLDING COMPANY SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM ANY THE CONDUCT OF THE USERS WHETHER PHYSICALLY OR THROUGH THE PLATFORM. (This shall be subject to Insurance cover provided by KayaHelp for specific goods)

  1. Termination and Suspension

The management of KayaHelp can terminate your account whenever there is a necessity for it, with or without notice, to be effective immediately. We have the right to remove any update made by you, which may be misleading, illicit, libelous, fraudulent and scandalous in the market-place. We can also remove advert or update done on your profile or activity you engage in on the platform which may be against the policy and terms of KayaHelp or may be seen as harmful or against public policy. We may ask you to edit or adjust a particular content we perceive as unfit for public view at any point in time.

However, we shall not be obliged to make any of these moves. It is based solely on our discretion. Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you and you are not allowed to create another profile on pretense, counterfeit or lies.

 

You can still incur legal consequences even after Termination or Suspension has been done on your account depending on the gravity of the breach committed by you, any other part of your account which is not suspended or terminated can continue to function without any restriction except for restrictions which are based on the part terminated or suspended.

  1. Account, Password, Security and Mobile Phone Use

You are supposed to keep all your personal details, bank information and guarantor’s information discreet as you will be solely responsible for any risk that may occur or due by any disclosure made from you. You are fully accountable for all activities that occur in your account. You are required to give a notice to the management of this service of any unauthorized use of your account on the website or of any infringement of privacy.

By providing your mobile phone number and using the Service, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Service. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply.

 

  1. Your Information and Likeness

You are solely responsible for Your Information and its appurtenances, and we act merely as a middle man in sourcing for a conducive market place for both parties. You hereby agree to the following in the respect that;

Your Information and its appurtenances will not be registered with false, inaccurate, incomplete or misleading components, be involved in fraud or sale of counterfeits or stolen items, infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy, be categorized as a violation of any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising, copyright or privacy policies, be defamatory, libelous, or scandalous as the case maybe, be obscene or contain child pornography or be harmful to minors, contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and lastly, create liability for KayaHelp or its holding company to lose (in whole or in part).

Any User who makes use of the communicative features such as, voice calls, video calls or messaging through the prior information which has been provided from the beginning   hereby automatically grants to the Company the exclusive, fully-paid, , transferable, sub licensable, unfiltered, undiluted, unrestricted, and perpetual right to:

Assess, investigate and copy any content arising from any conversation held on the platform through messaging, voice call or video calls without any limitation. Such can be reopened subsequently if any foul play, sale of counterfeit, fraud, illicit dealing, and libelous or scandalous act is detected.

Therefore, Users are not accorded any right or protection from KayaHelp on any information passed across the platform and shall neither sue nor bring any proceeding against KayaHelp, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of any User’s Identity, likeness or voice in connection with the Service.

  1. Advert Policy

 

You agree that the advert policy is a self-help service unless it has been stated otherwise by Kayahelp to take up the administration of the service.  Therefore, any user can access and process the advert placement system by himself without consulting or contacting the company. You agree that any oversight, carelessness, mistake or error made by you from the use of this service is solely your responsibility and liability. Kayahelp will not be responsible for any flaw made by you on your use of the advert placement system.

This service also provides that Kayahelp may from time to time assume the administration of specific advert placements as Kayahelp deems fit.

You also accept that there are two categories of Advert placement on the app namely;

Outer Placement Adverts

These sets of advert are seen on the home page, they reach all users launching the app

Inner Placement Adverts 

These sets of advert are seen on the service on the service page and subservice page. This category is only shown on the service and subservice pages.

Also, you agree on our terms that there are two types of Adverts and their components namely;

Regular Adverts:

These are located and visible under the categories on the home page and under services on the service page. This type of advert placement has the following divisions;

Home Page Regular Advert Placement

Service Page Regular Advert Placement

Special Adverts:    

These are located and visible on top of the categories and it reaches a user upon launching of the app. A similar banner can also be seen on top of services and as well as subservices. This type of advert placement has the following divisions;

Home Page Special Advert Placement

Service Page Special Advert Placement

Subservice Page Special Advert Placement

 

You accept that your advert placement will be run by the following inputs;

Location- Countries, State and Cities

Number of times your advert will be displayed

The date you pick for your advert to run

In the case, kayahelp fails to deliver as quickly as you want, you can only contact kaya help support team and it will be rectified.

Further note that the prices, charges, fees fixed for each category is nonnegotiable, it is only subject to change and adjustment according to the sole of Kayahelp Administrators. Kayahelp has not put anyone in the position of duress or undue influence of any kind to subscribe to the advert placement system.  You are solely responsible for the use of our advert placement. Kayahelp is not going to be blamed, liable or responsible for any consequence arising from your voluntary use of the advert placement system.

Restrictions are placed on adverts containing pornography. Obscene, erotic or pornographic contents are forbidden and would not be entertained as adverts on the kayahelp app

  1. Insurance Policy

You accept that kayahelp’s insurance policy only covers damaged properties and losses which include, vehicles, tools, parts and equipment’s incurred on the users, this means that any damage or loss made by an act of a partner to the property of a user on vehicles, tools, parts and equipment’s through the kayhelp.app during the course of his work, will be covered by kayahelp’s insurance policy.

 

You agree to our insurance terms that Kayhelp will only pay for repair on vehicles, tools, parts and equipment’s to a limited amount up to N100,000 but not more than the said amount of N100,000. Otherwise, Kaya help will not take full responsibility but will only be liable to pay the aggrieved party (the user) an amount summing up to N100,000 only.

 

However, Kayahelp can only take responsibility if;

 

  1. The user has made a report, confirmed and attested to the partner’s good conduct via a mail to [email protected] and that the damage was not done intentionally
  2. The partner has been of at least, an average conduct since his inception of being a partner
  • The Insurance officers have made necessary investigations and have confirmed the true nature of the loss or damage.

The user can attest to the partner’s good conduct via a mail to [email protected]In the event that you do not meet the above requirements of the insurance, kayahelp will not be responsible for any loss or damage a partner causes a user to incur.

 

 

  1. Referral Policy

 

You agree that a user or partner who refers the app to a person through the link and ensures the person downloads and uses the app to make a request gets an amount of kayahelp cash. This amount will be decided by kayahelp and will be strictly subject to kayahelp’s disposition.

 

 

  1. Warranty Policy

 

Be sure to accept that any dissatisfaction on a service rendered must be reported within 3 working days. Thus, when a service is not done properly, you have 3 working days to lodge your complaints. Warranty may be removed, extended, or decreased at any given time as decided by the administrators of kayahelp.

You agree with our terms that if you fail to report the situation to kayahelp within 3 working days, you will waive your right to make the complaints. Kayahelp will not recognize such complaints any longer.

 

  1. Refund Policy

 

On cancellation of a request, the refund will be automatically made into your account within 1-7 working days. For example, if you paid for a service via your debit card, the amount of money to be refunded gets credited into your bank account if you paid via kayahelp cash, the amount will be credited into your wallet as kayahelp cash.

 

Kayahelp would not be responsible for any agreement made by the parties for prior payment of materials for jobs which require materials to be gotten for job to be done. A user must exercise due carefulness when entrusting money for materials into the hands of a partner.

Thus, refund on cancellation of a request only covers the charges agreed upon under decided amount on kayahelp app and that has been deducted from the user’s account through our payment gateway.

 

 

  1. Disclaimer of Warranties

The services are provided “as is” and “as available.” KayaHelp disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, KayaHelp makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. KayaHelp does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

 

 

 

  1. No liability

KayaHelp shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if kaya has been advised of the possibility of such damages. Kaya shall not be liable for any damages, liability or losses arising out of:

 

  • your use of or reliance on the services or your inability to access or use the services; or
  • any transaction or relationship between you and any third party provider, even if kaya has been advised of the possibility of such damages.
  1. Indemnification

You agree to indemnify and hold Kaya and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:

  • your use of the Services or services or goods obtained through your use of the Services;
  • your breach or violation of any of these Terms;
  • KayaHelp’s use of your User Content; or
  • Your violation of the rights of any third party, including Third Party Providers.

 

  1. Governing laws and Dispute Resolution

 

You agree that disputes concerning a transaction between a partner and a user in terms of payment and job completion are to be reported via [email protected]

Also, except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Federal Republic of Nigeria, excluding its rules on conflicts of laws. Where any dispute arises from and or concerning this Agreement, the Parties shall meet as soon as possible to attempt to negotiate an amicable settlement of such dispute. Such negotiation shall be conducted in good faith. If the parties are unable to resolve the dispute within (60) days after the negotiations referred to above, then the Parties shall be obliged to refer the dispute for resolution by way of arbitration. The arbitral proceeding shall be conducted in Lagos, Nigeria and shall be governed by the Arbitration and Conciliation Act, A18, Laws of the Federation of Nigeria 2004 or any replacement thereof. The Arbitration Tribunal shall consist of a sole Arbitrator to be appointed mutually by the parties and failing which by the President of the Nigeria Chartered institute of Arbitrators. The cost of Arbitration shall be borne equally by both parties. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Lagos, Nigeria. Mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:

  • the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and
  • the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

  1. Special Promotions

KayaHelp has the sole discretion to create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Kaya establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:

 

  • must be used for the intended audience and purpose, and in a lawful manner;
  • may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by KayaHelp;
  • may be disabled by Kaya at any time for any reason without liability to KayaHelp;
  • may only be used pursuant to the specific terms that Kaya establishes for such Promo Code;
  • are not valid for cash; and
  • May expire prior to your use. KayaHelp reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that KayaHelp determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

  1. Payment

 

 

As a partner, you are charged a flat fee of #500. 00 on all requests paid for. Also, you are required to have a token of 100 kayahelp cash in your wallet before you are allowed to receive work requests from users.

As users you are to pay for all services rendered to you through the app in form of money or kayahelp cash at any point in time. Kayahelp may decide to offer bonuses, bonanza and promos according to their disposition. This shall not be enforced on kayahelp to do.

 

You also understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Service, KayaHelp will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, national, provincial and municipal tolls,  surcharges and processing fees for split payments, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by KayaHelp. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. Kaya will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

 

All Charges are due immediately and payment will be facilitated by KayaHelp using the preferred payment method designated in your Account, after which Kaya will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that KayaHelp may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.

 

As between you and KayaHelp, KayaHelp reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Kaya’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. KayaHelp will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Kaya may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.

  1. General Provisions

You may not assign or transfer these Terms in whole or in part without KayaHelp’s prior written approval. You give your approval to Kaya for it to assign or transfer these Terms in whole or in part, including to:

  • a subsidiary or affiliate;
  • an acquirer of KayaHelp’s equity, business or assets; or
  • a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, KayaHelp or any Third Party Provider as a result of the contract between you and KayaHelp or use of the Services.

If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Company, its successors and assigns.

  1. Changes to this Agreement and the Service

KayaHelp reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to KayaHelp. KayaHelp will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. KayaHelp may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. KayaHelp may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

KayaHelp may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Kaya by written communication to Kaya’s official email address at [email protected].

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD THE FOREGOING TERMS OF SERVICE, PRIVACY POLICY AND MARKETPLACE GUIDELINES AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.