Registered Businesses

Terms and Conditions

TERMS OF USE AGREEMENT

Please review these terms carefully prior to using the website or purchasing any of our services from Finda Mobile Application Limited.

These terms of use limit your legal rights and include an important arbitration requirement. If you do not agree with these terms or the included arbitration requirement, please do not use our website or Mobile Application and do not order from our Company.

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. We are offering you this app to use for your own personal use without cost, but you should be aware that you cannot send it on to anyone else, and you’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to finda mobile application limited (FMAL).

Welcome to MyFinda Mobile Directory offered by Finda Mobile Application Limited (referred to as “Company”, “we,” “us,” or “our”) MyFinda application or www.myfinda.co.ke is part of Finda Mobile Application Limited. Before you begin to use MyFinda (“Company Website or Mobile Application”), please take a moment to review this Terms of Use Agreement (“Agreement”).

The Agreement describes the terms and conditions applicable to your use of the Company Website or Mobile Application and the products and services provided through or in connection with the Company Website or Mobile Application (collectively, “Service”), which may be updated by Company from time to time without notice to you. Company may also offer other services that are governed by a different Terms of Service.

  1. This website and Mobile application is offered exclusively for Kenyan use.
  2. This nationally offered subscription and is in no way connected to any local or international telephone company.
  3. You listing may be added to myfinda.co.ke, which may provide a customizable, search engine optimized webpage designed to be found in several major search engines.
  4. This listing is not distributed to all telephone subscribers in your region and is solely available through the world wide web or the mobile application.
  5. MyFinda Mobile Directory offered by Finda Mobile Application Limited attempts to accommodate all customer in requested catagories however, we reserve the right to assign categories as we deem appropriate.
  6. With respect to any error, omission in the publication or failure to publish any listing in the said directory or advertisements or obituaries or classifieds or any other service offered, the liability of MyFinda Mobile Directory offered by Finda Mobile Application Limited and its respective agents shall be limited to the charges for the said listing. No adjustments shall be made to the listing charges for the reason of suspension or termination of customer’s telephone service or modification of address due to relocation.
  7. Finda Mobile Application Limited warrants only that the listing be published in the online directory, and no other warranty, express or implied, including warranty of merchantability or of fitness for a particular purpose is made or represented.
  8. Finda Mobile Application Limited expressly disclaims any responsibility for consequential and/or special damages MyFinda Mobile Directory offered by Finda Mobile Application Limited liability is limited to listing charges for the listing published or to be published.
  9. You understand that Payment Gateway Account and any and all Payments or transaction history remains between yourselves and the Payment Gateway Merchant.
  10. You agree to open an account directly with the third party Payment Gateway (integrated with myfinda) and vet all necessary PCI Compliance details directly prior to signing with the third party Payment Gateway.
  11. Finda Mobile Application will not be liable for any transactions or payments or any fraudulent activities (if any)
  12. Finda Mobile Application Limited expressly disclaims any responsibility for any payments collected or made by the Payment Gateway.
  13. This agreement shall be governed by and interpreted in accordance with the laws of Kenya.
  14. This agreement shall not be assigned or transferred without the express written prior consent of Finda Mobile Application Limited.
  15. This agreement is performable at Finda Mobile Application Limited address located in Nairobi.
  16. The directory listing specified on the face of this agreement is for inclusion in the online edition. All listings are automatically renewed annually and will receive a renewal invoice unless notification of cancellation is received within the current subscription period. Cancellations will be accepted at any time during a subscription period. Listing renewal rates are subject to change. Listings are updated within seven days of completed order.
  17. The current listing fee is stated in the subscription form.
  18. Mobile Application Limited receipt of this order constitutes acceptance of this offer.
  19. Your listing will be omitted if you do not return this Directory Listing Order Form.
  20. You must read and agree with all of the terms and conditions contained in this Agreement and the Company Website Privacy Policy then in effect (“Privacy Policy”), which is incorporated by reference, before you use the Service. By accessing the Company Website or Mobile Application, you agree to abide by the Terms of Use and Privacy Policy. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access Company Website or Mobile Application.
  21. Use of the services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use Company Website or Mobile Application.
  22. Company respects your privacy. Use of our Site is also subject to the Terms and Conditions of our Privacy Policy. See Company’s privacy policy for additional information regarding your privacy on this Company Website or Mobile Application.
  23. All material that appears on this website is for general informational purposes only. While we try to ensure that any information we post to this Company Website or Mobile Application is both timely and accurate, errors may appear from time to time. This website may not be updated daily, and certain information may not be the most current information available. Though we may post follow-up information we may not go back and change the original content to reflect new developments. If you’re looking for the most recent information on a given subject be sure you’re not looking at out of date content. Before you act on information you’ve found on our Company Website or Mobile Application, you should independently confirm any facts that are important to your decision.
  24. Company is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Company or its licensors.
  25. Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the Company Website or Mobile Application. The materials available through this Company Website or Mobile Application are the property of Company or its licensors, and are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, Company and its licensors expressly reserve all other rights and licenses. You are free to display and print for your personal, non-commercial use information you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. You may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from its owner. Of course, you are free to encourage others to access the information themselves on this Company Website or Mobile Application and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this Company Website or Mobile Application should be sent to Finda Mobile Application Limited. P.O. Box 43895 GPO 00100, Nairobi, Kenya
  26. We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by Company. We do not permit framing or inline linking to our website or any portion of it.
  27. Company and its trademarks and service marks, logos and product and service names and phrases which Company now claims or may claim in the future are trademarks of Company (the “Company marks”). You agree not to display or use the Company marks in any manner, without Company’s prior written permission.
  28. You should report any violations of the Agreement to info@myfinda.co.ke.
  29. You are solely responsible for any information that you may submit or post on Company Website or Mobile Application. By using this Company Website or Mobile Application you agree not to submit, post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy this website or that infringes on the rights of others. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.
  30. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions or postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.
  31. Company reserves the right at any time to terminate your use of this Company Website or Mobile Application if you fail to comply in full with any term of this agreement, or any other terms, agreements, or policies that apply to this website and the use of it.
  32. You agree to indemnify, defend, and hold harmless Company (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this Company Website or Mobile Application. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with Company in connection with our defense.
  33. If you have questions about these Terms of Use of the Privacy Policy please e-mail info@myfinda.co.ke
  34. You agree that your use of our website and mobile application is at sole risk. Because of number of possible sources of information available through the Company Website or Mobile Application, and the inherent hazards and uncertainties of electronic distribution, there may be interruptions, downtime, delays, ommissions, inaccuracies or other problems with such information. If you rely on any of the information and/or representations from our website or mobile applications, you do so at your own risk. You understand that you are solely responsible for any damage to your phone or computer system software or operating system that result from the accessibility or download of MyFinda mobile application or MyFinda website.
  35. Company Website or Mobile Application is provided to you “AS IS,” “with all its faults,” and “as available.”
  36. Company and its agents do not warrant accuracy or any representations made by the users/subscribers. Furthermore completeness, usefulness, timeliness, noninfringement, merchantability nnor fitness for a particular purpose of the information available through the mobile application or website, nor do we guarantee that the website or mobile application will be error free or continuously available or that the website will be free of bugs and viruses or other harmful components.
  37. Under no circumstances shall FMAL (including its parents, subsidiaries and affiliates or its agents or licensors) be liable to you or anyone else for any damages arising out of any use or misuse of the website or the mobile application including without limitation, liability of any consequential, special, incidental, direct or indirect, or similar damages even if advised beforehand of the possibilities of such damages, regardless of the form or cause of action including but not limited to contract, negligence and other tort actions. If any, arising out of any kind of legal claims in anyway connected to the website or mobile application shall not exceed the amount you paid to FMAL for the use.
  38. By visiting and/or using the Website or Mobile Application irrespective of your location, you agree that the laws of kenya, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Company or its affiliates. All arbitration proceedings must be commenced within two (2) years from date claim arises, or claims are waived.
  39. Should any dispute arise between the parties hereto in regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this Agreement, the parties to such dispute shall in the first instance attempt to resolve such dispute by amicable negotiation. Should such negotiations fail to achieve a resolution within fifteen (15) days, either party may declare a dispute by written notification to the other, whereupon such dispute shall be referred to arbitration under the following terms: –
  40. Such arbitration shall be resolved under the Kenyan Arbitration Act 1995 (as amended repealed or substituted from time to time).
  41. The tribunal shall consist of one arbitrator who shall be an Advocate of the High Court of Kenya of not less than 25 years of standing to be agreed upon between the parties failing which such arbitrator shall be appointed by the Chairman for the time being of the Law Society of Kenya upon the application of any party.
  42. The place and seat of arbitration shall be Nairobi and the language of the arbitration shall be English.
  43. The Award of the arbitration tribunal shall be final and binding upon the parties to the extent permitted by law and any party may apply to court of competent jurisdiction for enforcement of such award. The award of the Arbitration tribunal may take the form of an order to pay an amount to perform or to prohibit certain activities.
  44. Notwithstanding above provisions of this clause, a party is entitled to seek preliminary injunctive relief or interim conservatory measures from any court of competent jurisdiction pending the final decision or Award of the Arbitrator.
  45. The costs of the arbitration shall be shared equally between the parties provided however that the arbitrator shall be entitled to award costs and the party obligated to pay the costs shall be required to pay all the costs and refund any amount paid to the other party.
  46. Recognizing the global nature of the internet, if you use our site from locations outside of Kenya, you agree and are responsible for compliance with Kenyan laws. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Kenya or the country in which you reside. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of Kenya, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate Company and/or its affiliate’s intellectual property rights, Company and/or its affiliates may seek injunctive or other appropriate relief in Kenya, and you consent to exclusive jurisdiction and venue in such courts.
  47. You agree that Company may submit any notices to you via either e-mail or regular mail. The service may also provide notices by displaying notices or links to notices to you generally on the service, which notice you also agree Company may submit to you via e-mail or regular mail.
  48. We may periodically change the Terms of Use and the Site/Mobile application without notice, and you are responsible for checking these Terms of Use periodically for revisions. All amended Terms of Use become effective upon our posting to the Site/Mobile Application, and any use of the Site/Mobile Application after such revisions have been posted signifies your consent to the changes.
  49. Unless expressly permitted in writing by Company, you agree not to reproduce, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
  50. We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. You may provide general feedback by emailing us at info@myfinda.co.ke.

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