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Zurini Terms and Conditions

Updated 08/08/2022


Acceptance of Terms and Conditions

We offer out Zurini services under the following Terms & Conditions that constitute a legal agreement between you and Zurini. You should read them carefully and use the services only if you agree and consent to the agreement. By using Zurini App, you agree to be legally bound by the agreement and the privacy policy. If you do not agree to these terms you may not use the platform.

These Terms may be updated by Zurini at any time at its sole discretion. Zurini may or may not send you notices of changes to the platform Any use after amendment constitutes acceptance of the new terms.

By accessing, browsing and using our website, our mobile application Zurini App through our platform you acknowledge and agree to have read, understood and agreed to the Terms & Conditions set out below including the privacy policy. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Zurini or the service in any way, your only choice is to immediately discontinue use of Zurini.


1. Definitions

For the purposes of this agreement, the following terms shall have the following meaning:

“Agreement” means any agreement between you and Zurini regarding the use of Zurini services consisting of these Terms & Conditions and any other additional terms and conditions or documents referred to herein or agreed in the future between you and Zurini.

“Zurini” means a SAAS (Software As A service), under the company Nzurini registered in the Republic of Kenya (Registration Number PVT-MKUQMV7)

“Zurini services” means the services that Zurini provides in the form of Zurini App, the platform and users support.

“Zurini App” means the software installable on smartphone and/or any portable device and/or any web application for you to request and receive services.

“Platform” means the technology connecting you to Zurini services.

“Account” means the account that any user may create in the Zurini App and the platform to access Zurini services that are limited to users with accounts.

“Payment Method” means cards, carrier billing and other payment methods used by you using Zurini App to pay for Zurini Premium services.

“Service Fee” means fees payable to Zurini by you for provision of services.

“Company” “Us", “we" or “our" mean Zurini (SAAS) or interchangeably used to mean the company Nzurini

“User(s)” means any user of Zurini App.

“Seller”, “Service Poviders” means any individual or entity that posts Ads, services or jobs on Zurini

“Marketplace” means the platform basically used as a market for goods and services

“Ads” means any content posted or advertised on the platform whether tangible goods and products or services, jobs and CVs.


2. Description of service and content policy

Zurini acts as a platform for sellers and/or service providers to sell their products and services. It also acts as a marketplace for any user to buy products and services listed on the platform. You acknowledge and agree that Zurini is not a party to any transaction entered between you and a seller. Zurini has no control over any element of such transactions, and shall have no liability to any party within such transactions. You use the service and the platform at your own risk.

Zurini screens content posted to the platform. However, you understand that by using the platform and the service, you may be exposed to content that is inaccurate or misleading. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with the use of any content, that you may not rely on said content, and that Zurini will under no circumstances be liable in any way for any loss or damage of any kind incurred as a result of the browsing, using or reading any content listed or made available via the service.

The platform and content available through the platform may contain links to other third party websites, which are completely unrelated to Zurini. If you visit these Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Zurini doesn't guarantee accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Zurini disclaims all liability thereto.


3. Posting Ads/Selling policy

You agree that you are responsible for your own content posted and displayed on the platform and the consequences of posting or publishing it. You are solely responsible for all content that you upload or make available via the service. In connection with such content posted on the platform you affirm, acknowledge, and warrant that:

You own and shall continue to, for as long as the content is available on the platform, have the necessary licenses, rights, consents, and permissions to use such content on the service and platform (including without limitation all patent, trademark, trade secret, copyright or any other proprietary rights) and authorize Zurini to use such content to enable inclusion and use of the content in the manner contemplated by the service, the platform and these Terms; and

You retain all of your ownership rights in your content; however, by submitting any content on the platform, you hereby grant to Zurini an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute and display the content in connection with the platform for the purpose of promoting and redistributing part or all of the platform and content therein in any media formats and through any media channels now or hereafter. These rights are required by Zurini in order to host and display your content.

By posting content to the platform, you also hereby grant each user of the platform:

A non-exclusive license to access your content through the platform, and

The right to contact you with regard to the content posted by you through private chat or any other means.

Zurini does not endorse any content and disclaims any and all liability in connection with user content. Zurini does not permit copyright infringing activities and Zurini may, at its sole discretion, remove any infringing content if properly notified in accordance with applicable law.

Zurini reserves the right to remove any content without prior notice. Zurini may also terminate a user's access to the platform if they are found to be indulging in any act contrary to these Terms.


4. Posting Conduct

You agree not to post, upload, modify, publish, update or share any information on the platform, or make available content:

i. that violates any law or regulation;

ii. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Zurini all of the license rights granted herein;

iii. that you do not have a right to make available under any law or regulation

iv. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy or other rights, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or illegal gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever;

v. that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

vi. that violates any employment laws

vii. that threatens the unity, integrity, defense, security in the sovereignty of Kenya, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;

viii. that includes personal or identifying information about another person without that person's explicit consent;

ix. that impersonates any person or entity, including, but not limited to, a Zurini employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;

x. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive in nature;

xi. that is false, deceptive, misleading, deceitful, misinformative, or constitutes a "click bait";

xii. that constitutes or contains "pyramid schemes", "affiliate marketing", "link referral code" or unsolicited advertisements of any commercial nature;

xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by Zurini ;

xv. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;

xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other computer resource;

xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the service, or that otherwise negatively affects other users' ability to use the service; or


Additionally, you agree not to:

xx. make any defamatory comments or postings to or against anyone;

xxi. collect personal data about other users or entities for commercial or unlawful purposes;

xxii. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or access data from the service, except for internet search engines (e.g, Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file;

xxv. attempt to gain unauthorized access to computer systems owned or controlled by Zurini or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the service or the platform.

xxviii. Any content uploaded by you shall be subject to relevant laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant content uploaded by you.


Paid services

All ads posted to the platform are billed on the basis of actions taken on each ad by any user namely views to the ad, business call, whatsapp engagement, message engagement, traffic to you website and your app download link visits


Payment for Paid services

Upon selecting account top up, from which your ads will be billed from, you may be redirected to a third-party payment processing site such as MPESA or paypal offering payment through various channels such as net banking, debit card and credit card (“Payment Gateway”). You agree that account balance top up or update will be made available to you only upon receipt of a successful payment confirmation from the Payment Gateway. Upon making payment to us, through any medium whatsoever, you warrant to us that you are entitled to use the medium or otherwise make the payment to us under applicable law.

Unless otherwise mentioned on the Website, prices indicated are inclusive of applicable taxes.


Refunds/Cancellation

Any payments made shall be credited to your account. We will not be liable to refund you for any unutilized funds


Access to the platform

We grant you a limited, revocable, non-exclusive license to access and use the service for personal use. This license granted herein must be in accordance to the stated terms herein


Addressing Infringement

We are not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users or any other third parties.

If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to us together with a request to delete the relevant content in good faith in the claims of infringement.


User Submission

You understand that when using the platform, you will be exposed to content from a variety of sources and that Zurini is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, defamatory and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Zurini with respect thereto. In no event shall zurini, its officers, directors, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages


Indemnity

You agree to defend, indemnify and hold harmless Zurini, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from your use of and access to the platform and/or the service, your violation of any term of these Terms, your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right or any claim that your content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the service and the platform.


Dealings with other users

You acknowledge and agree that Zurini shall not be liable for your interactions with any organizations and/or individuals on the platform or through the service. Any such dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Zurini shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions.


Limitation and termination of service

You acknowledge and agree that Zurini may establish limits from time to time concerning use of the service. You acknowledge that your account is identified and linked through your mobile number, Facebook account or email address through which you have registered. You acknowledge and agree that Zurini has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the platform or the service. You acknowledge and agree that Zurini reserves the right at any time to modify, limit or discontinue the service (or any part thereof) with or without notice and that Zurini shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the service. You acknowledge and agree that Zurini, in its sole and absolute discretion, has the right to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the service, immediately and without notice, and remove and discard any content within the service, for any reason or no reason at all.


Age Limitation

This platform is intended only for adults and that you are eligible to contract as per applicable laws. If you are using/accessing this platform as a representative of any person/entity, you acknowledge that you are legally authorized to represent that person/entity. You affirm that you are either at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the platform is not intended for children under 13.

If you are under the age of 13,you must not use the platform. Please do not send us your personal information, including your email addresses, name, and/or contact information. If you want to contact us, you may only do so through your parent or legal guardian.


Disclaimer

You acknowledge and agree that use of the platform and the service is entirely at your own risk and that the platform and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. To the fullest extent permitted by law zurini, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the platform and your use thereof. Zurini makes no warranties or representations about the accuracy or completeness of the platform's content or the content of any third party websites linked to the platform and assumes no liability or responsibility for any:

errors, mistakes, or inaccuracies of content,

personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform and service,

any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein,

any interruption or cessation of transmission to or from the platform,

any bugs, viruses, trojan horses, or the like which may be transmitted to or through the platform by any third party, and/or

any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, communicated, transmitted, or otherwise made available via the platform or the service.

Zurini does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising, and zurini will not be a party to or in any way be responsible for monitoring any transaction between you and/or other users and/or 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.


Violation of these terms

Any violation of these terms will invite termination of your account and or a legal action and prosecution in accordance to the laws of Kenya