1. Acceptance of Terms

When you access our website at voocart.co.ke as a User and Client, you're agreeing to be bound by the following Terms and Conditions.

• The Services are offered subject to acceptance of all the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the website by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third-party service providers to the website that are referenced herein. These Terms apply to every user of the Services.
• Certain part of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms.
• These Terms apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

2. Scope of Voocar’s Services

When you access our website at voocart.co.ke as a User and Client, you're agreeing to be bound by the following Terms and Conditions.

• 2.1 Voocar is a platform that provides infrastructure for shipping and payments to individuals who participate in Voocar on social platforms like Instagram, Facebook & WhatsApp.
• For the purpose of these Terms of Service, “Services” shall include (a) the account services of the Website, (b) all software, data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”), (c) Shipment services, and (d) Payment services. Any new feature added to, or augmenting the Services, is also subject to these Terms of Service.
• Customers are responsible for the information they provide to Voocar and Voocar is not liable for wrong information provided by a customer.
• Voocart may make the access to and use of the Application, or certain areas or features of the Application, subject to certain conditions or requirements, such as signing up for an account, completing a verification process, meeting specific quality or eligibility criteria.
• Despite the verification process, Voocar does not assume any responsibility for the confirmation of any User’s identity.
• Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to ask registered Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of registered Users.

3. Eligibility

You must be at least 18 years old and able to enter into legally binding contracts to access and use Voocar or register a Voocar Account. By accessing or using the Application, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. You are not eligible to use Voocar if you violate any provision of these Terms as determined in Voocar’s sole discretion.

4. Registration

• In order to initiate and commence the use of our Services, all Users must register an account (“Voocar Account”). If you are registering a Voocar Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
• You can register a Voocar Account using an email address and creating a password.
• By registering for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form.
• You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.
• You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
• You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
• You are liable for any and all activities conducted through your Voocar Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
• When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms which may result in immediate termination of your account on our Service.
• You agree to strictly observe the security and authentication procedures of the website/service and you will log out from the website by taking proper steps at the end of every visit.

5. Users’ Representations & Warranties

Representations and warranties are statements and promises made by you to Voocar, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;

• you are over the age of 18 years;
• you are of sound mind and have the capacity to initiate and commence a Transaction on the website;
• all personal information that you provide about yourself is accurate and true to the best of your knowledge;
• you hold an Mpesa or bank account in your own name and will use this account to make payments on the Application;
• you have carefully considered the risks involved with using the website, and its Services;
• if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorized to do so and we may request evidence of such legal entitlement (by way of a copy of any document which shows the valid and subsisting authorization); and you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting. you fully understand the risks involved in the Transaction and you undertake to bear all risks related to the Transaction.

6. Payment

• Billing 6.1 You must provide complete and accurate payment information. Payment for Voocar’s Services shall be made by any of the accepted payment methods as set out on the Website.
• Shipping Fees. 6.2 A shipping fee will be charged for each Shipment, of which shall include all costs related to the Shipment, quoted by Voocar (“Shipping Fees”). You acknowledge and agree that the Shipping Fees do not include any additional fees arising out of separate agreements with third-party service providers.
• Discrepancies. 6.3 Quotations for Shipping Fees by Voocar are based on the information provided by you, including but not limited to sender’s address, receiver’s address, weight, dimensions, and value of the items. If there is a discrepancy between the Shipping Fees charged by Voocar and the costs for the Shipment incurred by Voocar due to incorrect information that you provided, such as incorrect weight, dimensions, value of the item(s), addresses, or any other information critical to estimate the shipping cost, you will be responsible for such discrepancy amount. Voocar specifically disclaims any liability for any Shipping Fees errors due to inaccurate or incomplete information. Voocar is not responsible for any changes or alteration of the Shipping Fees. Voocar agrees to make reasonable efforts to bill such discrepancy amount to your account in a timely manner but Voocar makes no representations or warranties regarding the amount of time needed to complete processing.
• Currency Fluctuations. 6.4 Voocar reserves the right to adjust its pricing in response to currency fluctuations, including but not limited to, currency conversion rate changes, conversion fee changes, and/or discount rate changes.
• Shipping Fee Disputes 6.5 If you disagree with any Shipping Fees charged to your account, you shall submit such complaint to Voocar within thirty (30) days of the fee being charged (“Dispute Period”). Voocar will not review customer requests for Shipping Fee adjustments that are received after the Dispute Period.

7. Shipping & Insurance

Insurance Coverage Packages delivered using a Voocar accredited delivery partner (shipments purchased via Voocar Voocar) are also subject to Insurance protection provided the shipments are in compliance with Voocar’s shipping policies and guidelines.

• Standard Insurance 7.1 This insurance is free. However, should there be an issue of missing packages etc., you will only be liable to a compensation fee of Ksh 4,000 (regardless of the worth of the package).
• Extended Insurance 7.2 This insurance isn’t free. A 2% charge of the total worth of your package is incurred. If there is an issue of missing packages etc, with proof and a laid claim, you are liable to a compensation fee up to Ksh 50,000 coverage.
• Value of items declaration 7.3 Declaring the actual value (cost) of packages/items/goods shipped via Voocar is mandatory. Voocar will not be liable for any incorrect value provided users that may cause the confiscation/confiscation or of the packages/items/goods.
• Delayed Deliveries 7.4 Pickups may be delayed for any of the following reasons: (i) Inability to reach the pickup contact person via phone (ii) Lack of communication between the merchant/account owner and the pickup contact (iii) Lack of a detailed pickup address.
• 7.5 Packages that are not picked by Voocar accredited delivery partner within the pickup Service- Timeliness agreement is liable for cancellation and a full refund will be made. Users are allowed to re- book shipment if they are still interested.
• Pick-up and Drop-off Options 7.6 On Voocar users have the options to request for a pick-up or drop-off packages at any designated hub when booking a shipment. Even though pick-up is free, Voocar will not be liable for any error of users choosing the drop-off option instead of the pick-up option. To rectify this, the shipment is to be cancelled and will have to be re-booked by the user.
• 7.7 Users are to label packages dropped-off at designated hubs or pickup-up by any Voocar accredited delivery partner. Voocar will not be liable for any for any missing packages or mixed-up packages for delivery due to lack of labeling these packages.
• Updating Shipping Information 7.8 Updating Shipping Information can be initiated by the account owner via email ([email protected] ) 3 hours after booking request for the changes to be made. Note that change of address request for shipments in transit may attract a supplementary charge and Voocar won’t be liable for this charge.
• Taxes and Customs Charges 7.9 You acknowledge and agree that all fees, charges and any other rates or amounts charged by Voocar to you are subject to applicable taxes including value added taxes (“Transaction Taxes”) which may be levied in connection with the supply by Voocar of the Services to you. Where applicable, you shall be responsible to pay all Transaction Taxes arising in respect of the Shipping Fees or other amounts charged by Voocar to you.
• 7.10 Voocar specifically disclaims any liability for any Customs fee. Customs duties are levied on certain goods purchased abroad. Every shipment that leaves Kenya has to go through an import procedure determined by Customs law in the destination country. Value added taxes (VAT) are usually levied in the country where the purchased goods are consumed. Duties and taxes differ per country. Depending on country, duties and taxes are settled with the customs office or the post office. You can find more information about customs on the website of the local customs authority. Voocar is not responsible for any custom fee charges.
• Cancellation of Shipments 7.11 Cancellation of shipments (before dispatch) would take effect by Close of Business on the day of request. Allow at least 8 hours after request for the cancellation to be effected.

8. Intellectual Property

• The Service and its original content, features and functionality are and will remain the exclusive property of Voocar. Our trademarks may not be used in connection with any product or service without the prior written consent of Voocar.
• Voocart may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Application ("User Content"); and (ii) access and view User Content and any content that Voocar itself makes available on or through the Application, including proprietary Voocar content and any content licensed or authorized for use by or through Voocar from a third party ("Voocar Content" and together with User Content, "Collective Content").
• You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate 8.4 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Application or Collective Content, except to the extent that you are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Voocar or its licensors, except for the licenses and rights expressly granted in these Term.
• By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Application, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Application or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Application and/or the Services a non-exclusive, perpetual license to access your User Content through the Application and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights..
• Subject to your compliance with these Terms, Voocar grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to access and view any Collective Content made available on or through the website and accessible to you, solely for your personal and non-commercial use. 8.7 Users shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder..
• We do not guarantee that any content will be made available on the Application or through the Services. We reserve the right to, but do not have any obligation to; Remove, edit or modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all; and to remove or block any content from the Services.

9. Prohibited Activities

• You shall not use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. Violation of our rules may result in the termination and cancellation of your Account.
• You shall not utilize the website or the Services in connection with any Transaction that is illegal or involves any illegal items, or is for any illegal purpose.
• Voocart, in its sole discretion, may refuse to complete any Transaction that Voocar has reason to believe is unauthorized or may violate any law, rule or regulation.
• The following are types of product that you are prohibited to ship through Voocar include:.
• Any product related to illegal activities or which is prohibited by law in the place of origin, the destination, or any sites through which such product travel.
• Any product that is fit to be eaten (often used to contrast with unpalatable or poisonous varieties).
• Any product this is a precious stone (jewelry) typically a necklaces, rings, or bracelets, that are typically made from or contain jewels and precious metal.
• Any product requiring specific licenses to store or distribute. Examples of products with distribution and licensing requirements may include, but are not limited to:
• Live plants and animals;
• Ammunition & firearms;
• Illegal substances;
• Tobacco;
• Firearms and any kind of weapon;
• Prescription pharmaceuticals or other dangerous drugs; and
• Explosive or hazardous products;
• Voocart shall not be liable for any loss, damage, destruction of such prohibited product.
• In addition, if any transaction cannot be completed for any reason, including cancellation by Voocar for any reason, Voocar will notify each User in such Transaction by e-mail, to the e-mail address each has provided on the website.
• You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Application, you will not and will not assist or enable others to:
  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the website or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership or otherwise misleads others as to your affiliation with Voocar;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the website in any way that is inconsistent with Voocar’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
  • use the website in connection with the distribution of unsolicited commercial messages ("spam");
  • use the Site to with the intention to circumvent any Fees for any other reason;
  • request, accept or make any payment for orders outside of the Voocar platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Voocar harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behavior;
  • use, display, mirror or frame the Platform or Collective Content, or any individual element within the Voocar platform, Voocar’s name, any Voocar’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Voocar’s platform, without written consent;
  • dilute, tarnish or otherwise harm the Voocar brand in any way, including through unauthorized use of Collective Content, registering and/or using Voocar or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Voocar domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Application for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Voocar or any of Voocar’s providers or any other third party to protect the Application;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Application;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Application;
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
• You acknowledge that Voocar has no obligation to monitor the access to or use of the Application by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist Voocar in good faith, and to provide Voocar with such information and take such actions as may be reasonably requested by Voocar with respect to any investigation undertaken by Voocar or a representative of Voocar regarding the use or abuse of the Application.
• The failure of Voocar to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right.
• Subject to the Terms, Voocar may (but has no obligation to) provide technical support Services, through email in accordance with our standard practice. Voocar might use the Customer's personal information to send them updates about their packages, gain feedback, and in general any time Voocar considers it needed to carry on its Services.
• If you wish to change any information regarding the Shipment, such as address, items included or other matters, you shall notify Voocar customer service at [email protected] . If the Shipment has already been handed over to the Courier, such changes may not become effective, or the Courier may ask a fee to validate the change.

10. Third Party Services

• Voocar is a technology platform that connects shippers and couriers. In no circumstances will Voocar be liable for any Services provided by any Courier. Voocar is not liable for any damage, destruction, or loss of Shipment, late delivery, and issues with the tracking, by the Courier. Voocar is not liable for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers (including, without limitation, any delay, wrong, or missed pickup by the Courier).
• If you buy a shipping label from a Courier that does not provide any pickup service, you agree to be responsible to deliver the Shipment to the designated drop-off point. Voocar is not liable for the delivery time information shown on the Website. Voocar is not responsible for any delayed delivery.
• Furthermore, the Services may further permit you to link to or otherwise access other websites, services or resources on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Services or the Application. These other services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

11. Termination

• We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Services. If you wish to terminate your Account, you may do so by removing the Application from your device and following the instructions on the Application or through the Services. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property, Warranty Disclaimers, Indemnity, Limitations of Liability, and Governing Law.

12. Warranty Disclaimer

• Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but limited to, implied warranties of merchantability, fitness for a particular purpose, non- infringement or course of performance.
• Voocart, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
• Voocar shall not be liable or obligated with respect to any subject matter of this agreement or under contract, negligence, strict liability or other legal or equitable theory for:
  • any special, incidental, consequential, or exemplary damages (including, without limitation, loss of revenue, goodwill, or anticipated profits)
  • data loss or cost of procurement of substitute goods or services, and/or
  • any matter beyond such parties’ reasonable control.
  • failed, returned or misdirected notifications based on inaccurate information provided by User;
  • loss that occurs due to failure of User to give accurate information;
  • damaged Shipment due to negligence of User;
  • any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit a user’s access to the website; or
  • any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to User's or any other person's computer or mobile device related to or resulting from use of the Application

13. Indemnification

• You agree to indemnify and hold harmless the Voocar, its affiliates and subsidiaries, its officers, directors, employees and agents, against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of:
  • your fraudulent or illegal use of the Services or the Site;
  • your negligence or any default by you of any of these Terms;
  • any inaccurate or incomplete information that you have provided to us;
  • you’re allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
  • any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Site.
• Upon requesting for our Service, you agree to indemnify and hold harmless Voocar from any and all claims for transportation, storage, handling and other charges relating to the goods in respect of the Shipment, including undercharges, rail demurrage, truck/intermodal detention and other charges of any nature, whether or not Voocar accepts such order.

14. Limitation of Liability

• By accepting the Terms of Service, you acknowledge and agree that we do not assume any liability whatsoever for acts, errors, or omissions (including, without limitation, any negligence or willful misconduct) of any third-party service providers with whom you or any of your affiliates may contract, regardless of the purpose.
• In no event shall Voocar be liable for any indirect, incidental, special or consequential damages, or damages for loss or damage of Shipments, loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the Website, any content, or any third-party websites and content. Other than as set forth below, in no event shall Voocar’s liability under this agreement exceed the monies paid or payable by you to Voocar for the applicable services excluding carrier fees or other third-party fees (“Damages Cap”). In the event of an unauthorized transaction by a Voocar employee or agent, Voocar is only liable for the Damages Cap. Voocar must be notified within five (5) days after any unauthorized transaction or you acknowledge to waive all damages from Voocar.
• You are responsible to provide complete and accurate information in respect of the Shipment, including but not limited to the item category and item value of the Shipment. You shall be responsible for any error, damage, expense or consequence resulting from wrong or incomplete information provided to us. You shall further indemnify Voocar for and hold Voocar harmless from any loss or expense resulting as a consequence of the wrong information provided by you. Voocar shall not be responsible for losses or damages in the event that any item contained in the Shipment is wrongfully declared. Moreover, Voocar is in no way responsible for any damages, losses due to custom practice. Voocar shall not be liable for the accuracy and truthfulness of the information provided by you.
• Voocar shall not be liable for any loss, delay, or damage of items shipped, while in the hands of a local custom. In addition, Voocar shall not be held responsible in the event that the local custom confiscates, holds, or denies release of the Shipment to the receiver.
• Voocar is not liable for any fees, expenses, resulting as a consequence of a change of information from your side (for example change of address, order cancellation, or order call-back), after a Shipment has been confirmed and paid for on Voocar. Voocar is not liable for any delay in the generation of shipping documents.

15. Governing Law

• These Terms shall be governed and construed in accordance with the laws of The Constitution of Kenya, without regard to its conflict of law provisions.

16. Dispute Resolution

• The Parties shall endeavor in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the court to appoint an arbitrator. Arbitration proceedings shall be conducted in Kenya. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties.
• Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.

17. Changes to Terms & Conditions

• We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Application or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of such use.

18. Force Majeure

• We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

19. Entire Agreement and Severability

• These Terms are the entire Agreement between you and us with respect to the Services, including use of the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services.
• If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

20. Feedback

• We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Application or Services. You may submit Feedback by emailing us, through the contact section on the Application, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.
• By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.