These terms of use (including any documents referred to in them) together with the privacy policy available at www.malaikaservices.com/privacy-policy tell you the terms on which you may make use of our website www.malaikaservices.com (the Site) and/or our mobile application (the App), whether as a guest or a registered user, and the connection service that we provide through them (collectively, Malaika Services Platform).
All rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".
Please read these terms of use carefully before you start to make any use of the Malaika Services Platform, as they will apply to your use of it. By using the Malaika Services Platform, you confirm that you have read and accepted these terms of use and that you agree to comply with and be bound by them. If you do not agree to them, you must not use the Malaika Services Platform.
By using the Malaika Services Platform, you represent and warrant that: (i) you are at least 18 years old and are otherwise capable of entering into binding contracts and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Please note that we simply provide the platform that connects users (such as you) with Service Providers and allows them to be introduced. We do not, ourselves, provide any cleaning services or other services of the type listed on the Site as being provided by Service Providers and any contract for the provision of those services is between you and the relevant Service Provider (and not us). It is up to the relevant Service Provider to perform any services you request through the Malaika Services Platform (and, if requested by you, to provide any cleaning materials required) and you agree to comply with any terms of service that apply between you and the relevant Service Provider.
We do not employ Service Providers and, unless otherwise specified in these terms of use, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Service Providers you engage through the Malaika Services Platform or the quality of the services they provide.
If you have a complaint in relation to the services provided by a Service Provider, that complaint must be taken up with the Service Provider directly. If you are unable to resolve a dispute with a Service Provider or you cannot come to an agreement with a Service Provider, please contact us and we will use our reasonable endeavours to try to resolve the dispute.
We do take reasonable measures to ensure the suitability and quality of the Service Providers, including, without limitation, conducting interviews, obtaining proof of identity and address, obtaining references and training our cleaners. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove a Service Provider from the Malaika Services Platform on the basis of any feedback you or other users provide in relation to that Service Provider if we deem it appropriate, but are under no obligation to do so.
Malaika Services provides a software platform which allows you to connect with independent Professionals. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Malaika Services for any purpose whatsoever. You acknowledge that we do not direct, or control a Professional work or Professional Services performed in any manner.
Use of, and access to, certain parts of the Malaika Services Platform may require you to register with us. If you wish to register, you must complete all of the fields on the registration page. We may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by someone else that may be construed as impersonating another person that belongs to another person that violates the intellectual property or other rights of any person that is offensive or that we reject for any other reason in our sole discretion. You must not create an account on the Malaika Services platform using an email address other than your own or one that you are not permitted to use and, if you know or suspect that someone other than you has successfully registered to use the Malaika Services Platform using your email address, you must notify us immediately at [email protected]
You agree that all information provided on the registration page will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required.
If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these terms of use.
You may not authorise others to access the Malaika Services Platform using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at [email protected] and change your password.
Any personal information supplied hereunder will be subject to the terms of the Privacy Policy.
When you first request the services of a Service Provider, you will be asked to provide us with valid credit or debit card payment details or pay through a mobile money network like MPESA to pay for the services you request through the Malaika Services Platform. We use a third party payment service provider and will store your card details for such purpose and you agree that we may undertake authorisation checks on that card.
If you request the services of a Service Provider we charge you upfront for the services requested based on a fee calculated on:
We collect the fee due to the Service Provider as agent for, and on behalf of, the Service Provider.
To the extent applicable, all fees are inclusive of VAT at the prevailing rate.
Additional items to be purchased to complete your service such as electrical fittings, plumbing fittings and handyman materials is a transaction between you and your Service Provider. It remains your responsibility to ensure that the prices quoted to you are fair. Any Payments paid outside of the Malaika Services Platform are not subject to our Money-Back Guarantee (see Section 5).
If the Requester ordered and paid for a Professional Service through the Malaika Services Platform and the Professional Service has already been performed, and if you are not satisfied with that Professional Service, then the Requester is eligible for our Money-Back Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our customer service telephone number or by lodging a complaint through the help contacts. The Money-Back Guarantee is as follows: we will either credit the your account with credits in the amount that you have paid for the service, or, alternatively, we will have the applicable Professional Service re-performed. If you elect to have the Professional Service re- performed and you are still not satisfied with the Professional Service after it has been re-performed, we will refund your Payment amount for such Professional Service by adding credits to your Malaika Services account or, at your request, by refunding the amount.
The amount of Malaika Services's Money-Back Guarantee is solely applicable for the Professional Service that you requested and limited to the payment made for the same service. The Malaika Services Money-Back Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Professional Services. For clarity, Malaika Services Money-Back Guarantee does not apply to any payments made for Merchandise, and solely applies to payments made for the Professional Services to deliver and/or assemble the Merchandise, as applicable.
If you request the services of a Service Provider, we will notify you by email when a Service Provider has accepted your request and confirmed the booking.
If you decide to cancel or reschedule a booking (whether for a one-off visit or on a repeat basis), you may do so via the Site or the App, subject in each case to the following conditions:
If you want to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying Malaika Services. You must notify Malaika Services either by changing the date or hours of the requested Professional Service through the Malaika Services Platform or by contacting our Customer Service team.
If a booking is cancelled by the Service Provider or if the Service Provider fails to attend the agreed location to provide the services requested, please notify us within 72 hours following the scheduled start time of the visit and, if still required, make another request for the relevant services to be provided by the Service Provider (or another Service Provider) at another mutually agreeable time. If we have already taken payment of a deposit for such visit, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the visit.
We may from time to time provide certain promotional opportunities to you. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
In the event that you are given a promotional code through which you may refer a friend to the Malaika Services Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Referral credits have no cash value and are not redeemable for cash.
We are the owner or the licensee of all intellectual property rights in the Malaika Services Platform and in the material published on it. You acknowledge that you have no rights in or the Malaika Services Platform or the technology used or supported by it other than the right to use it in accordance with these terms of use. If you use any part of the Malaika Services Platform in breach of these terms of use, your right to use the Malaika Services Platform will cease immediately.
You must not use any part of the content on the Malaika Services Platform for commercial purposes without obtaining a license or other written consent to do so form us or our licensor.
Malaika Services and the App are registered trade marks of Malaika Services Kenya Ltd. We reserve all rights in these trade marks, the Malaika Services domain name and all related domains and sub- domains and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on Malaika Services and nothing in these terms of use should be construed as granting any license or right to use any of such trade marks or domain names.
Other trademarks, products and company or brand names mentioned on the Malaika Services Platfrom may be the trademarks of their respective owners or licensor and all rights in such trade marks are reserved to their respective owners or licensor.
The Site and the App are made available free of charge and you may download the App onto any number of Mobile Devices. We make no representations, warranties or guarantees, whether express or implied, that the Malaika Services Platform or any content on it:
Access to the Malaika Services Platform is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice.
We will not be liable to you if, for any reason, the Malaika Services Platform is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to access the Malaika Services Platform (including configuring your information technology) and you should use your own virus protection software.
If you control, but do not own, the Mobile Device onto which you download the App, you will be assumed to have obtained permission from the owner of the Mobile Device to do so. You or the owner of your Mobile Device may be charged by your or their mobile or internet service provider for data access on your Mobile Device. You accept responsibility in accordance with these terms of use for your use of the App on any Mobile Device, whether or not it is owned by you.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Malaika Services Platform or any content or information on the Malaika Services Platform with or without notice.
This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
You may terminate this Agreement by completely and permanently ceasing to use the Malaika Services Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Malaika Services Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Malaika Services.
You may terminate the legal agreement between us and, if you are a registered user, request the closure of your account at any time by emailing us at [email protected]
We may terminate this Agreement or terminate or suspend your right to use the Malaika Services Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Malaika Services Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behaviour (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Malaika Services Platform due to any Prohibited Conduct, we will refund in full any payments for Malaika Services services or Professional Services that have not been performed or completed. 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. When terminating your account, Malaika Services may delete the account and all the information in it. You have no ownership rights to your account.
The Site and/or the App may contain links to other websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
You may only link to the Site homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website in which you are linking must comply in all respects with our content standards. We reserve the right to withdraw linking permission without notice. If you wish to make any use of any content on the Site other than that set out above, please contact us at [email protected]
We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these terms of use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider network.
During the term of this Agreement, you may use the Malaika Services Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). You may use the Malaika Services Platform to book Professional Services solely with respect to a location where you have legal authority to do so. You agree that an order for Professional Services is an offer, which is only accepted when you receive a confirmation of the order after payment.
You agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. You agree to communicate any complaints to us and not to the Professionals. You agree to comply with our complaint and other policies designated on the Site. You acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving Malaika Services. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall not use the Malaika Services Platform (including but not limited to any Community Areas) to do any of the following:
The Malaika Services Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, "Community Areas"). All submissions made to Community Areas within the Malaika Services Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Malaika Services Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information
In no event shall Malaika Services, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service professionals, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any;
In no event shall the total, aggregate liability of Malaika Services, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to Malaika Services by you hereunder.
You hereby acknowledge and agree that Malaika Services shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that Malaika Services shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website. The website may contain links to third-party websites that are not owned or controlled by Malaika Services. Malaika Services does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Malaika Services will not and cannot censor or edit the content of any third- party site. By using the website, you expressly relieve Malaika Services from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website.
These content standards apply to any and all material which you contribute to Malaika Services and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution, as well as to its whole.
If you make use of any feature that allows you to post or upload any content to Malaika Services (for example, by providing a review, feedback and/or comments in relation to a Service Provider or when making contact with Malaika Services or other users of Malaika Services), any such content must be accurate and genuine and must be compliant with this Agreement, including but not limited to Rules for Use of the Malaika Services Platform below, User information, security and account.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Malaika Services Platform from or through your account, including but not limited to all images, videos, musical works and text included in such postings. We reserve the right to remove at our sole discretion.
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments:
These terms of use, their subject matter and formation are governed by Kenyan law. If you are a consumer, the courts of Kenya will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use. If you are a business, you and we each agree that the courts of Kenya will have exclusive jurisdiction over any claim arising from, or related to, these terms of use. Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.