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Terms and Rules
Terms of Service for Tutors:
IntroductionPlease read these Terms of Service (Terms) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Malezi Platform, you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, you may not access or use the Services. These Terms govern the access or use by you from within any country in the world of applications, websites, content, products, and services (the “Services”) made available by eMalezi LLP (Malezi), a limited liability partnership established Kenya. Please read these terms carefully before accessing or using the Services. Please also read the terms of the Tutor Manual available at this link [insert link]. The terms of the Tutor Manual are deemed to be incorporated into these Terms by reference. The Tutor manual terms shall prevail over these Terms in the event of a conflict. By accepting these Terms you acknowledge and agree that: you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with Malezi governing your use of the Services; if you are an individual accepting these Terms on behalf of an agency or entity, you warrant that you have the legal right to accept these Terms on behalf of such agency or entity and that the agency or entity will also be bound by these Terms; and a printed version of these Terms and/or any electronic communication from Malezi shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and/or your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. These Terms expressly supersede prior agreements or arrangements with you. Malezi 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. Malezi may from time to time issue supplemental terms or policies for particular Services event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, these 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. Malezi may amend these Terms from time to time. Amendments will be effective upon Malezi’s posting of such updated Terms on the website. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. THE SERVICES Independent contractors The Services constitute a technology platform that enables users of Malezi’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule education and/or logistics services with independent third party providers of such services (“Third Party Providers”). You acknowledge that Malezi does not provide any education or transportation services and that all such services provided by you are provided in your capacity as an independent third party contractor who is not employed by Malezi or any of its affiliates. Intellectual Property in the Services Malezi is the owner or the licensee of all intellectual property rights in our site and in the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Subject to your compliance with these Terms, Malezi grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with the provision of your services through the Services; and (ii) access and use any content, information and related materials that may be made available through the Services. Any rights not expressly granted herein are reserved by Malezi and Malezi’s licensors. Where our site or Application contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources. The website and the Applications may include information and materials from third parties including users, other Third Party Providers and advertisers, including to bulletin boards and chat rooms. In particular, users are allowed to post feedback, comments and reviews regarding your services and those offered by other Third Party Providers. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. YOUR USE OF THE SERVICES
PERSONAL INFORMATION.We may share your personal information with our agents, customers, representatives, service providers and contractors in order to offer services in connection with the Services, communicate news and information about Malezi and the Services, provide customer service, enhance and improve customers' experiences, and complete financial transactions. These service providers are authorized to use your information only to the extent necessary to serve these purposes, or as otherwise authorized by these Terms. Aside from the purposes described above, we will not disclose your personal information without your consent, unless: we need to respond to a court order or legal process; an emergency situation or; we determine that disclosure is needed to protect our rights or property, or the rights or property of another person. We may share aggregated demographic and statistical information with our other partners. This is not linked to any personal information that can identify any individual person. TERMS SPECIFIC TO THIRD PARTY PROVIDERS When creating your account or profile using the Malezi platform you must: provide complete and accurate information about your service (such as information description, location, and calendar availability); disclose any deficiencies, restrictions and requirements that apply (such as your proficiency or in a certain subject); and provide any other pertinent information requested by Malezi or the customers. You are responsible for keeping your Information up-to-date at all times. You are solely responsible for setting a price (including any taxes if applicable) for your services. Once a Customer requests a booking of your services, you may not request that the Customer pays a higher price than the price at booking. Any terms and conditions included in your service listing, must not conflict with these Terms or any other guidelines provided by Malezi. The placement and ranking of information in search results on the Malezi Platform may vary and depend on a variety of factors, such as customer search parameters and preferences, Third Party Provider requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, reviews and ratings, type of service, and/or ease of booking. When you accept or have pre-approved a booking request by a Customer, you are entering into a legally binding agreement with the Customer and are required to provide your Service(s) to the Customer as described in your Information when the booking request is made.
OUR RESPONSIBILITYDisclaimer Malezi reserves the right to modify the Services, and change, suspend, or discontinue providing all or part of the content or functionality of the Services in its sole discretion, with or without notice. You agree that Malezi shall not be liable to you or to any third party for any such actions Malezi disclaims all warranties with respect to the Services to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We do not guarantee that the Services will be or remain secure, complete or correct, that the Services, the server that makes the Services available, or the services are free of errors, viruses, bugs or other harmful components, or that access to the Services will be uninterrupted. The Services may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, it is possible that third parties might make unauthorized alterations to the Services. Malezi 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. Your security User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s or Third Party Provider’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask user’s or Third Party Provider’s to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of user’s or Third Party Provider’s, (ii) screen user’s or Third Party Provider’s against third party databases or other sources and request reports from other service providers, and (iii) where we have sufficient information to identify a user or Third Party Provider, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). You agree that we may use the information you have provided to us for purposes of undertaking such checks. Limitation of Liability To the fullest extent permissible under applicable law, Malezi shall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, negligence, strict liability or other theory (including detrimental reliance), including without limitation, damages for loss of profits, use, data, loss of intellectual property, loss of other intangibles, loss of security of information in connection with your use or any other party's use or misuse of the Services, even if advised in advance of such damages or losses. Your sole and exclusive remedy for dissatisfaction with the Services is to stop using the Services.
IndemnityYou agree to defend, indemnify and hold harmless Malezi and its respective successors, sponsors, employees, officers, owners, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of: your use of, or activities in connection with, the Services; any violation of these Terms by you or anyone using your User ID; your violation of any rights of any other person or entity while using the Services; information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the Services.
TerminationThese Terms is effective until terminated. Malezi, in its sole discretion, may terminate your access to or use of the Services and/or Services, at any time and for any reason or no reason, including if Malezi believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your right to use the Services will immediately cease. you agree that any termination of your access to or use of the Services may be effected without prior notice, and that Malezi may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your content, and/or bar any further access to such information or files. You agree that Malezi shall not be liable to you or any third party for terminating these Terms and/or terminating your access to the Services. Nor shall Malezi have any obligation to make information or files associated with the Services available to you after any such termination.
Business TransfersMalezi may sell, transfer or otherwise share some or all of its assets, including your personal information and content, in connection with a merger, acquisition, reorganization or sale of assets or in the event of insolvency without notifying you of the same.
PAYMENTSAfter you have provided services obtained through your use of the Service, Malezi will facilitate your payment of the applicable charges on behalf of the user as such user’s payment collection agent. ALL PAYMENTS FOR THE SERVICES MUST BE MADE THROUGH MALEZI. Payment of the charges in such manner shall be considered the same as payment made directly by you to the user. Charges paid to you are final, unless otherwise determined by Malezi. All Charges will be facilitated by Malezi using the preferred payment method designated in your account, after which Malezi 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 Malezi may use a secondary payment method in your account, if available. You agree that Malezi shall charge a commission for the use of the Services. The commission chargeable by Malezi shall be as communicated by Malezi from time to time. As between you and Malezi, Malezi reserves the right to establish, remove and/or revise the commission for any or all services or goods obtained through the use of the Services at any time in Malezi’s sole discretion. Malezi will use reasonable efforts to inform you of the applicable charges, provided that you will be responsible for all charges incurred under your Account regardless of your awareness of such charges or the amounts thereof. You shall be responsible for the compliance of all your tax obligations and other fees and charges payable to any governmental authority arising from the provision of services obtained through the use of the Services. You undertake to indemnify Malezi against any claims, whatsoever and howsoever arising, relating to your tax and other governmental compliance obligations. Malezi may from time to time provide certain users with promotional offers and discounts that may result in different amounts being charged by Malezi as commission for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts may result in different commissions. Please note that after you have provided services to users obtained through the Service, the users will have the opportunity to rate their experience and leave additional feedback about you.
MISCELLANEOUS.These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Malezi. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver by Malezi any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Malezi relating to the subject matter herein. Notices to you may be made via posting to the Services or by e-mail in our sole discretion. Malezi will not be responsible for failures to fulfil any obligations due to causes beyond its control. COMPLAINTS If you are dissatisfied with the Services or with any terms, conditions, rules, policies, guidelines or practices of Malezi in operating the Services, you may contact us using the details below and we will investigate your complaint. By Email: Info@malezi.co.ke MULTI-TIERED DISPUTE RESOLUTION PROCEDURE If a dispute arises out of or in connection with these Terms or the performance, validity or enforceability of it (Dispute) then the parties shall follow the procedure set out below: either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, Malezi shall attempt in good faith to resolve the Dispute with you; if for any reason you are unable to resolve the Dispute within 30 days of service of the Dispute Notice, the parties will attempt to settle it by mediation. If the Dispute is not resolved within 21 days, or either party fails to participate or to continue to participate in the mediation before the expiration of the said period of 21 days, or the mediation terminates before the expiration of the said period of 21 days, the Dispute shall be finally resolved by the courts of Kenya.
GOVERNING LAWThese Terms and any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Kenya.