EFFECTIVE: 1ST JUNE 2025

1. Contractual Relationship

These Terms of Use ("Terms") govern your access or use, websites, content, products, and services (the "Services," as more fully defined below in Section 3 made available in the Republic of Kenya and its territories and possessions by YayanSafi and representatives, affiliates, officers and directors (collectively, "YayanSafi").

The YayanSafi Platform is a communications platform enabling the connection between individuals and businesses seeking to obtain domestic services and/or professional, vetted and high rating individuals and businesses seeking to provide domestic services.

YayanSafi inquires into the backgrounds of all service providers; however, YayanSafi does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such service providers beyond aggregated customer reviews and representation of background information. YayanSafi and its affiliates or licensors will make efforts to regulate but will not be responsible for the conduct, whether online or offline, of any user of the Platform neither will YayanSafi be liable as far as is permissible by law for any claim, injury or damage arising out of or in connection with the use of the YayanSafi Platform. In this regard, users are encouraged to exercise caution and endeavor to protect their person and property as expected in ordinary interaction.

If you are a YayanSafi Professional, you are an independent contractor and you are not an employee, owner, joint venturer, partner or representative of the Company and there is no employment agreement between you and the Company. In addition, if you are a YayanSafi Professional, you further understand and agree that you have no authority to bind the Company and you will not make any representations to any party that you have any authority to bind the Company, as an employee, partner or otherwise.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND YAYANSAFI.

In these Terms, the words "including" and "include" mean "including, but not limited to."

By accessing the YayanSafi Platform or using the Services (together with the website located at https://yayansafi.co.ke , and any telephonic messages sent, collectively, the "Service"), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service, you hereby expressly acknowledge and agree with Dexio Limited, a private limited liability company duly incorporated in the Republic of Kenya (referred to in these terms of use as "YayanSafi" or the "Company")  to be bound by the terms and conditions of this usage policy (YayanSafi Terms) and any future amendments and additions to these Terms as published from time to time at https://www.yayansafi.co.ke/welcome/terms

These Terms expressly supersede prior agreements or arrangements with you. YayanSafi 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.

IMPORTANT:

PLEASE REVIEW THE MEDIATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH YAYANSAFI ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING MEDIATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate disclosures. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

YayanSafi reserves the right to amend these Terms at any time, from time to time effective upon posting of an updated version of the YayanSafi Terms on the website. You are responsible for staying up to date with the Terms. If you continue to use the YayanSafi Platform after amendment of the Terms, you will be deemed to have accepted to be bound by the Terms, as amended. You may reject any changes by providing YayanSafi written notice of such rejection within 30 days of the date such change became effective, per the "Effective" date above. If you require any more information or have any questions about our YayanSafi Terms, please feel free to contact us by email at hello@yayansafi.co.ke

The notice must include your full name and clearly state your areas of concern with respect to the amended Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).

YayanSafi does not provide home services or products, and is not a domestic service or domestic services provider. It is up to the third party service provider (the "Contractors" or “Professionals”) to offer any services. YayanSafi has no responsibility or liability for any services or product provided to you by such Contractors. YayanSafi is a passive medium through which business relationships can be formed between private individuals and Contractors.  The details of each booking will be confirmed by way of a Hiring Confirmation. Upon acceptance of the Hiring Confirmation the customer agrees to the terms stated within and also agrees to the overall YayanSafi Terms.

YayanSafi’s collection and use of personal information in connection with the Services is described in YayanSafi’s Privacy Policy located at https://yayansafi.co.ke/welcome/privacy

2. Mediation Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against YayanSafi on an individual basis in Mediation, as set forth in this Mediation Agreement. This will preclude you from bringing any class, collective, or representative action against YayanSafi, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against YayanSafi by someone else.

Agreement to Binding Mediation Between You and YayanSafi.

You and YayanSafi agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding mediation between you and YayanSafi, and not in a court of law.

You acknowledge and agree that you and YayanSafi are each waiving the right to a trial in a court of law with requisite jurisdiction or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and YayanSafi otherwise agree in writing, any mediation will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and YayanSafi each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law.

The mediation will be administered in accordance with the laws of Kenya and conform to basic international mediation standards.

The parties agree that the mediator (“Mediator”), and not any court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Mediation Agreement, including any claim that all or any part of this Mediation Agreement is void or voidable. The Mediator shall also be responsible for determining all threshold mediation issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to mediation, including waiver, delay, laches, or estoppel.

Process.

A party who desires to initiate mediation must provide the other party with a written Demand for Mediation. The Mediator will be either (1) Certified Professional Mediator or (2) an Advocate of the High Court of Kenya with relevant experience. If the parties are unable to agree upon a Mediator within fourteen (14) days of delivery of the Demand for Mediation, each will nominate a mediator and a third mediator appointed by the first two Mediators so nominated.

Location and Procedure.

Unless you and YayanSafi otherwise agree, the mediation will be conducted in Nairobi county. The Mediation will be conducted on the basis of documents you and YayanSafi submit to the Mediator and hearing sessions as necessary in accordance with mediation rules and consistent with the expedited nature of the mediation.

Mediator’s Decision.

The Mediator will render an award within Thirty (30) days. Judgment on the mediation award may be entered in any court having competent jurisdiction to do so. The Mediator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. A Mediator’s decision shall be final and binding on all parties. A Mediator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.

Fees.

Your responsibility to pay any filing, administrative and mediation fees will be as agreed between the parties

Severability and Survival.

If any portion of this Mediation Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Mediation Agreement or the parties’ ability to compel mediation of any remaining claims on an individual basis pursuant to the Mediation Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in mediation, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in mediation.

3. The Services

The Services comprise web applications and related services (each, an "Application"), which enable users to contact each other and arrange delivery of Domestic services and/or to purchase certain goods, including with third party providers of such services and goods under agreement with YayanSafi or certain of YayanSafi’s affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by YayanSafi in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN TRANSPORTATION, LOGISTICS AND/OR DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH YAYANSAFI AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.

License.

Subject to your compliance with these Terms, YayanSafi grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by YayanSafi and YayanSafi’s licensors.

Restrictions.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by YayanSafi; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services.

You may only access the YayanSafi Platform using authorized means. It is your responsibility to check to ensure you use the correct YayanSafi Platform for your device. The Company is not liable if you do not have a compatible device or if you use the wrong version of the YayanSafi Platform for your device.

By agreeing to these Terms, you acknowledge that portions of the Services may be availed under such brands or request options by or in connection with: (i) certain of YayanSafi’s affiliates; or (ii) independent Third Party Providers. The Services may be made available or accessed in connection with third party services and content (including advertising) that YayanSafi does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. YayanSafi does not endorse such third party services and content and in no event shall YayanSafi be responsible or liable for any products or services of such third party providers.

By using the YayanSafi Platform, you agree that:

1. You will only use the YayanSafi Platform for lawful purposes; you will not use the YayanSafi Platform for sending or storing any unlawful material or for fraudulent purposes.
2. You will not use the YayanSafi Platform to cause nuisance, annoyance or inconvenience.          
3. You will not impair the proper operation of the network.
4.  You will not try to harm the YayanSafi Platform in any way whatsoever.
5.  You will not copy, or distribute the YayanSafi Platform content without written permission from the Company.
6.  You will only use the YayanSafi Platform for your own use and will not resell it to a third party.
7. You will keep secure and confidential your account password or any identification provided to you which allows access to the YayanSafi Platform.
8. You will provide us with whatever proof of identity the Company may reasonably request.
9. You will only use an access point or data account which you are authorized to use.
10. When using the YayanSafi Platform in conjunction with SMS, you opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from your mobile network service provider may apply, and you represent and warrant that the number provided is your own cell phone number.

The quality of the services (including related goods) scheduled through the use of the YayanSafi Platform is entirely the responsibility of the relevant Contractor who ultimately provides such services to you. You understand, therefore, that by using the YayanSafi Platform, you may be exposed to services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the services of Contractor(s) at your own risk.

Ownership.

The Services and all rights therein are and shall remain YayanSafi’s property or the property of YayanSafi’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner YayanSafi’s company names, logos, product and service names, trademarks or services marks or those of YayanSafi’s licensors.

4. Access and Use of the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to YayanSafi certain personal information, such as your name, address, mobile phone number and national identification number, as well as at least one valid payment method supported by YayanSafi. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by YayanSafi in writing, you may only possess one Account.

User Requirements and Conduct.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive Services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

Text Messaging and Telephone Calls.

You agree that YayanSafi may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a YayanSafi account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from YayanSafi at any time, either by dialing 456*9*5# using the mobile device that is receiving the messages, or by contacting admin@yayansafi.co.ke. If you do not choose to opt out, YayanSafi may contact you as outlined in its User Privacy Statement, located at https://www.yayansafi.co.ke/welcome/privacy

Referrals and Promotional Codes.

YayanSafi may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that YayanSafi establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by YayanSafi; (iii) may be disabled by YayanSafi at any time for any reason without liability to YayanSafi; (iv) may only be used pursuant to the specific terms that YayanSafi establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. YayanSafi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that YayanSafi determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of YayanSafi’s Terms.

User Provided Content.

YayanSafi may, in YayanSafi’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to YayanSafi through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to YayanSafi, you grant YayanSafi a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and YayanSafi's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant YayanSafi the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor YayanSafi’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by YayanSafi in its sole discretion, whether or not such material may be protected by law. YayanSafi may, but shall not be obligated to, review, monitor, or remove User Content, at YayanSafi’s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. YayanSafi does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. YayanSafi’s Platform may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.

5. Payment

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). YayanSafi will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges including a booking fee, county tolls or processing fees for split payments.

All Charges and payments will be enabled by YayanSafi using the preferred payment method designated in your Account, after which you will receive 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 YayanSafi may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by YayanSafi.

As between you and YayanSafi, YayanSafi reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in YayanSafi’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. YayanSafi will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. YayanSafi may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. YayanSafi may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and YayanSafi will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. YayanSafi will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to YayanSafi or its affiliates, where YayanSafi is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from YayanSafi for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and YayanSafi will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to Domestic services requested through the Application, YayanSafi does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by YayanSafi (on YayanSafi’s website,  or in YayanSafi’s marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that YayanSafi provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.

6. Disclaimers; Limitation of Liability; Indemnity.

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YAYANSAFI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YAYANSAFI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YAYANSAFI 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.

LIMITATION OF LIABILITY.

YAYANSAFI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF YAYANSAFI, EVEN IF YAYANSAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YAYANSAFI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF YAYANSAFI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YAYANSAFI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YAYANSAFI’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT YAYANSAFI HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. WHERE JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, YAYANSAFI’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON YAYANSAFI’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold YayanSafi and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including advocates’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) YayanSafi’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

7. Other Provisions

Choice of Law.

These Terms are governed by and construed in accordance with the laws of Kenya without giving effect to any conflict of law principles.

Notice.

YayanSafi may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 7 days after mailing or posting  or 12 hours after sending (if sent by email or telephone). You may give notice to YayanSafi, with such notice deemed given when received by YayanSafi, upon the expiration of 7 days after mailing or posting  or 12 hours after sending (if sent by email or telephone).

General.

You may not assign these Terms without YayanSafi’s prior written approval. YayanSafi may assign these Terms without your consent to: (i) an affiliate; (ii) an acquirer of YayanSafi’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, YayanSafi or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. YayanSafi’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by YayanSafi in writing. This provision shall not affect the Severability and Survivability section of the Mediation Agreement of these Terms.