These Terms of Service constitute a legally binding agreement between you and TuiElla
(“Nywele Nyumbani”) governing your use of the Nywele Nyumbani Platform.
Nywele Nyumbani’s websites (including https://www.nywelenyumbani.co.ke and its affiliated websites)(the “Sites” ), mobile applications (the “Apps” ), and related services, information and communications are collectively referred to as the “Nywele Nyumbani Platform.”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE NYWELE NYUMBANI PLATFORM.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE NYWELE NYUMBANI PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT.
A few highlights of these Terms of Service include:
The Nywele Nyumbani Platform is a mobile-based communications platform which enables connections between
Clients and Stylists.
“Clients” are individuals and/or businesses seeking to obtain short-term services
(“Styling”) from Stylists and are therefore clients of Stylists, and
“Stylists” are businesses seeking to perform Styles for Clients.
Clients and Stylists together are hereinafter referred to as “Users.” If you agree on
terms of a style with another User, you and such other User form a Service Agreement directly between
STYLISTS ARE INDEPENDENT BUSINESS OWNERS. STYLISTS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF NYWELE NYUMBANI. NYWELE NYUMBANI DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, NYWELE NYUMBANI OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (STYLISTS) WHO WISH TO PERFORM A VARIETY OF STYLES. USERS HEREBY ACKNOWLEDGE THAT NYWELE NYUMBANI DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A STYLIST’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE TASKS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the Nywele Nyumbani Platform to a Stylist being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Stylist has completed a relevant account process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Nywele Nyumbani of such Stylist’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Stylists whom they contact or interact with via the Nywele Nyumbani Platform. The Nywele Nyumbani Platform enables connections between Users for the fulfillment of Tasks.
Nywele Nyumbani is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Stylists, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Nywele Nyumbani makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested or services provided by, or the communications of or between, Users identified through the Nywele Nyumbani Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Users may be subject to a review process before they can register for and during their use of the Nywele
Nyumbani Platform, which may include but is not limited to: identity verification, right to work checks,
criminal background checks, using third party services as appropriate (“Background
Although Nywele Nyumbani may perform Background Checks, Nywele Nyumbani cannot confirm that each User is who they claim to be, and Nywele Nyumbani cannot and does not assume any responsibility for the accuracy or reliability of Background Check information. When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know.
Nywele Nyumbani will not be liable for any false or misleading statements made by Users of the Nywele Nyumbani Platform.
NEITHER NYWELE NYUMBANI, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE NYWELE NYUMBANI PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE NYWELE NYUMBANI AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH NYWELE NYUMBANI PLATFORM.
All Users represent and warrant that:
• You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older), and are otherwise capable of entering into binding contracts;
• 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;
• You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Nywele Nyumbani in connection with the Nywele Nyumbani Platform without the prior written consent of Nywele Nyumbani and/or the relevant User, as applicable;
• You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Stylist or Client as the case may be, and only utilize the third party payment service provider specified or approved by Nywele Nyumbani to make or receive payment for services provided through the Nywele Nyumbani Platform;
• You will act professionally and responsibly in your interactions with other Users;
• You will use your real name or business name and an up-to-date photo on your profile;
• When using or accessing the Nywele Nyumbani Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
• You will not use the Nywele Nyumbani Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
• 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.
• Other than as fully and promptly disclosed in writing to Nywele Nyumbani, you do not have any motivation, status, or interest that Nywele Nyumbani may reasonably wish to know about in connection with the Nywele Nyumbani Platform, including without limitation, if you are using or will or intend to use the Nywele Nyumbani Platform for any journalistic, academic, investigative, or unlawful purpose. Stylists additionally represent and warrant that:
• When using the Nywele Nyumbani Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;
• You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Nywele Nyumbani Platform, and maintain an independent clientele;
• You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
• If the Task is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;
• You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks
• You have any and all insurance required to operate your business and provide your services;
• You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Task(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients;
• You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.
You acknowledge and agree that a legally binding contract with another User (the “Service
Agreement” ) is formed when you and that User agree on the terms of a Task. The terms of the
Service Agreement include the
terms set forth in this Section, the engagement terms proposed and accepted on the Nywele Nyumbani
and any other contractual terms accepted by both the Stylist and their Client to the extent such terms
conflict with the terms in this Agreement, including this Section 3, and do not expand Nywele Nyumbani’s
obligations or restrict Nywele Nyumbani’s rights under this Agreement. Nywele Nyumbani is not a party to
Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an
employment or other service relationship between Nywele Nyumbani and the Stylist, nor will it create an
employment relationship between the Client and the Stylist.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Nywele Nyumbani. Nywele Nyumbani’s role, beyond enabling connections between Clients and Stylists via it’s app-based communications platform, is to act as a limited payment collection agent for the Stylist to facilitate payment for Tasks on behalf of the Stylist through the Nywele Nyumbani Platform. In acting as the limited payment collection agent for Tasks on the Nywele Nyumbani Platform, Nywele Nyumbani disclaims any other agency or authority to act on behalf of the Stylist, and assumes no liability or responsibility for any acts or omissions of the Stylist, either within or outside of the Nywele Nyumbani Platform. Where approved in advance by the Client, the Stylist is not obligated to personally perform the Task. Stylists may engage assistants, helpers, subcontractors or other personnel (collectively “Stylist Assistants” ).
For safety reasons, such Stylist Assistants shall have been background checked through the Nywele Nyumbani Platform and client shall be notified in advance. A Stylist’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the Nywele Nyumbani Platform. The Stylist assumes full and sole responsibility for the acts and omissions of such Stylist Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Stylist Assistants, if any, and for all required and applicable tax withholdings as to such Stylist Assistants. Clients are responsible for confirming with their Stylist that any Stylist Assistants are registered Stylists on the Nywele Nyumbani Platform and Clients understand that they are entering into separate Service Agreements with the Stylist and each Stylist Assistant.
While using the Nywele Nyumbani Platform, Clients, in their sole discretion, determine whether they will be present or not when a Task is performed. Clients who elect not to be present when a Task is performed agree that if someone other than them books the Task on their behalf or is present when the Task is performed, they are appointing that person as their agent (“Client’s Agent”) and the Stylist may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. If you are a Client’s Agent and accessing and using the Nywele Nyumbani Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents. The Client shall pay their Stylist(s) in full for all Task services either in cash or via M-Pesa as indicated on the Nywele Nyumbani Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Task.
Users of the Nywele Nyumbani Platform contract for Tasks directly with other Users. Nywele Nyumbani will
be a party to any contracts for Tasks or services. Payment for Task services through the Nywele Nyumbani
Platform is made directly from the Client to the Stylist via cash or M-Pesa
not by Nywele Nyumbani.
Nywele Nyumbani is not obligated to compensate Stylist for Client’s failure to pay for services.
The Task Payment, service charge, and platform fee must be paid through cash or
Users of the Nywele Nyumbani Platform will be required to provide their payment method details to Nywele
Stylists are responsible for accurately invoicing their Clients within 24 hours of the work being
even if the Task is not completed in its entirety or is designated as “ongoing”.
Clients will be responsible for paying the invoice(s) for each Task (the “Invoice(s)”)
which will include:
(i) the pricing terms of the Task provided by the Stylist and agreed upon by the parties (“Task Payment”),
(ii) any out of pocket expenses agreed upon by the parties and submitted by the Stylist in connection with the Task,
(iii) the service charge Nywele Nyumbani assesses to the Client as payable for the use of the Nywele Nyumbani Platform, and
(iv) the platform fee (sometimes referred to as Trust & Support Fee) Nywele Nyumbani assesses to the Client, which is used to offset Nywele Nyumbani’s cost of providing Users with customer support and other various business objectives, or
(vi) cancellation fees, if applicable.
In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s) and all such tips or gratuities shall go directly to the Stylist. Stylists will be responsible for paying:
(i) registration fees, if applicable,
(ii) cancellation fees, if applicable, and
(iii) repayment of erroneous payments. When Client receives confirmation through the Nywele Nyumbani Platform or via email that a Task has been completed, Client automatically authorizes the mobile application to process the Invoice(s).
Users may be charged a one-hour cancellation fee at the Stylist’s hourly rate through the mobile application if you book (or accept) a Task, but cancel it before(or fail to appear upon) the scheduled time for Nywele Nyumbani reserves the right (but not the obligation) upon request from Client or Stylist, or upon notice of any potential fraud, unauthorized charges or other misuse of the Nywele Nyumbani Platform, to :
(i) place on hold any Task Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or
(ii) refund or provide credits, or arrange for the mobile application to do so. Users of the Nywele Nyumbani Platform will be liable for any taxes (including VAT ) required to be paid on the Tasks provided under the Agreement.
The Nywele Nyumbani Platform may contain profiles, email systems, blogs, message boards, reviews,
task postings, chat areas, news groups, forums, communities and/or other message or communication
(“Public Areas”) that allow Users to communicate with other Users. You may only use
community areas to send and receive messages and materials that are relevant and proper to the
forum. For the safety and integrity of the Nywele Nyumbani Platform, you should not share your personal
contact information with other
Without limitation, the Nywele Nyumbani Platform may not be used for any of the following purposes:
• To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Nywele Nyumbani staff;
• To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
• To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Nywele Nyumbani;
• To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Nywele Nyumbani or its Users’ computers;
• To advertise or offer to sell any goods or services for any commercial purpose through the Nywele Nyumbani Platform which are not relevant to the Task services;
• To post or complete a Task requiring a User to :
(i) purchase or obtain gift cards or money orders
(ii) purchase high value items without obtaining preauthorization from Nywele Nyumbani,
(iv) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Nywele Nyumbani in its sole discretion;
• To conduct or forward surveys, contests, pyramid schemes, or chain letters;
• To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments; While using the Nywele Nyumbani Platform, you may not:
• Use the Nywele Nyumbani Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Task in violation of local, state, provincial, national, or international law;
• Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
• Post the same Task repeatedly (“Spamming”) ;
• Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Nywele Nyumbani Platform;
• Restrict or inhibit any other User from using and enjoying the Public Areas;
• Imply or state that any statements you make (whether on or off the Nywele Nyumbani Platform) are endorsed by Nywele Nyumbani, without the prior written consent of Nywele Nyumbani;
• Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Nywele Nyumbani Platform, or the electronic addresses or personal information of others, in any manner;
• Frame or utilize framing techniques to enclose the Nywele Nyumbani Platform or any portion thereof;
• Hack or interfere with the Nywele Nyumbani Platform, its servers or any connected networks;
• Adapt, alter, license, sublicense or translate the Nywele Nyumbani Platform for your own personal or commercial use;
• Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Nywele Nyumbani and Affiliates;
• Upload content to the Nywele Nyumbani Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
• Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
• Use the Nywele Nyumbani Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Nywele Nyumbani Platform as set forth herein;
• Use the Nywele Nyumbani Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
• Use the Nywele Nyumbani Platform or the Task services in violation of this Agreement;
• Use the Nywele Nyumbani Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Nywele Nyumbani’s trade secret information for public disclosure or other purposes;
• Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Nywele Nyumbani Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
• Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
• Cause any third party to engage in the restricted activities above; or
• Use tools with the goal of masking your IP address (like the TOR network). You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Nywele Nyumbani will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that
released through the Nywele Nyumbani Platform. The App (including any updates or upgrades) may:
(i) cause your device to automatically communicate with Nywele Nyumbani’s servers to deliver the App functionality and to record usage metrics,
(ii) affect App-related preferences or data stored on your device, and
Nywele Nyumbani may suspend your right to use the Nywele Nyumbani Platform pending its investigation of
potential breach by you of this Agreement.
Nywele Nyumbani may deactivate your account or limit your use of the Nywele Nyumbani Platform upon its
determination that you breached a provision of this Agreement (a “User Breach”) .
Nyumbani will provide you with written notice of its determination. If you wish to appeal this
firstname.lastname@example.org within 7 days of receipt
of such notice with the
for your appeal.
If Nywele Nyumbani suspends or deactivates your account or limits your use of the Nywele Nyumbani Platform pursuant to this Section 7 , you are thereafter prohibited from registering and creating a new account under your name or business 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. Even after your right to use the Nywele Nyumbani Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Nywele Nyumbani reserves the right to take appropriate legal action pursuant to the Agreement. Nywele Nyumbani reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Nywele Nyumbani Platform at its sole discretion. Nywele Nyumbani will provide you with notice of any such modification or discontinuation as required by law.
To the extent permitted by law, Nywele Nyumbani shall not be liable to you for any modification or discontinuance of all or any portion of the Nywele Nyumbani Platform. Nywele Nyumbani has the right to restrict anyone from completing registration as a Stylist if such person may threaten the safety and integrity of the Nywele Nyumbani Platform, or if such restriction is necessary to address any other reasonable business concern. You may terminate this Agreement at any time by ceasing all use of the Nywele Nyumbani Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Nywele Nyumbani Platform.
You must register with Nywele Nyumbani and create an account to use the Nywele Nyumbani Platform.
You are the sole authorized user of your account.
You are responsible for maintaining the confidentiality of any log-in, password, and account number
by you or given to you by Nywele Nyumbani for accessing the Nywele Nyumbani Platform.
You are solely and fully responsible for all activities that occur under your password or account, even
authorized by you.
Nywele Nyumbani has no control over the use of any User’s account and expressly disclaims any liability
Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Nywele Nyumbani immediately. You acknowledge that telephone calls to or from Nywele Nyumbani, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training. You verify that any contact information provided to Nywele Nyumbani, our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Nywele Nyumbani before the change goes into effect by visiting email@example.com.
“User Generated Content”
is defined as any information and materials you provide to Nywele Nyumbani, its corporate partners, or
Users in connection with your registration for and use of the Nywele Nyumbani Platform and participation
Nywele Nyumbani promotional campaigns, including without limitation the information and materials posted
transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act
as a passive conduit for your online distribution and publication of your User Generated Content. You
acknowledge and agree that Nywele Nyumbani is not involved in the creation or development of User
Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims
of or relating to User Generated Content. Further, you acknowledge and agree that Nywele Nyumbani has no
obligation to monitor or review User Generated Content, but reserves the right to limit or remove User
Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to Nywele Nyumbani that your User Generated Content:
(a) will not be false, inaccurate, incomplete or misleading;
(b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items;
(c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed);
(d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy);
(e) will not be defamatory, libelous, malicious, threatening, or harassing;
(f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors;
(g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Nywele Nyumbani or otherwise purport to act as a representative or agent of Nywele Nyumbani; and
(i) will not create liability for Nywele Nyumbani or cause Nywele Nyumbani to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The Nywele Nyumbani Platform hosts User Generated Content relating to reviews and ratings of specific Stylists (“Feedback”). Feedback is such User’s opinion and not the opinion of Nywele Nyumbani, and has not been verified or approved by Nywele Nyumbani. You agree that Nywele Nyumbani is not responsible or liable for any Feedback or other User Generated Content. Nywele Nyumbani encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted.
Nywele Nyumbani is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such feedback. You may request removal of a review that violates this Agreement or the Nywele Nyumbani Ratings and Reviews Policy by contacting the Support team at firstname.lastname@example.org.
Each Client should undertake their own research to be satisfied that a specific Stylist has the right qualifications for a Task. Nywele Nyumbani respects the personal and other rights of others, and expects Users to do the same. Nywele Nyumbani is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly. If a User believes, in good faith, that any User Generated Content provided on or in connection with the Nywele Nyumbani Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Nywele Nyumbani. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify the Nywele Nyumbani. Such notification can be made at Nywele Nyumbani, email@example.com
Nywele Nyumbani operates as an online marketplace that connects Clients with service providers (Stylists) who wish to perform a variety of Tasks. Nywele Nyumbani does not perform Tasks and does not employ people to perform Tasks. Stylists operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Nywele Nyumbani Platform. Nywele Nyumbani does not control or direct the Stylists’ performance of their services or set their work locations or work hours. Stylists provide services under their own name or business name, and not under Nywele Nyumbani’s name. Stylists provide their own tools and supplies to perform their services; Nywele Nyumbani does not provide the tools or supplies. Stylists are free to maintain a clientele without any restrictions from Nywele Nyumbani and are free to offer and provide their services elsewhere, including through competing platforms. Nywele Nyumbani does not set Stylists’ hours or terms of work. Stylists are free to accept or reject Clients and contracts. Stylists are not penalized for rejecting Clients or contracts, though if Stylists accept a Client or contract through the Nywele Nyumbani Platform, they are expected to fulfill their contractual obligations. Stylists set their own rates for services performed in the Nywele Nyumbani general marketplace, without deduction by Nywele Nyumbani. The Nywele Nyumbani Platform is not an employment agency service or business and Nywele Nyumbani is not an employer of any User. Stylists acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Nywele Nyumbani designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the Nywele Nyumbani Platform is owned by Nywele Nyumbani, excluding User Generated Content, which Users hereby grant Nywele Nyumbani a license to use as set forth above in Article 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Nywele Nyumbani owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Nywele Nyumbani Platform without Nywele Nyumbani’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited. The service marks and trademarks of Nywele Nyumbani, including without limitation Nywele Nyumbani, Nywele Nyumbani for Good, and associated logos, are service marks owned by Nywele Nyumbani. Any other trademarks, service marks, logos and/or trade names appearing via the Nywele Nyumbani Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Nywele Nyumbani respects the intellectual property of others and expects Users to do the same. If you
in good faith, that any materials provided on or in connection with the Nywele Nyumbani Platform
your copyright or other intellectual property right, please send the following information to Nywele
Nyumbani’s support team at firstname.lastname@example.org
and should include:
the URL (Internet
address) or other specific location on the Nywele Nyumbani Platform where the material you claim is
is visible. Include enough information to allow Nywele Nyumbani to locate the material, and explain why
think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your name, address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Nywele Nyumbani and agree that you will not, for the lifetime of your account on Nywele Nyumbani plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Nywele Nyumbani Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Nywele Nyumbani in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Nywele Nyumbani promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Nywele Nyumbani’s trade secrets, confidential and proprietary information, and all other information and data of Nywele Nyumbani that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Nywele Nyumbani or Nywele Nyumbani’s business, operations or properties, including information about Nywele Nyumbani’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
THE TECHNOLOGY OF THE NYWELE NYUMBANI PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NONINFRINGEMENT.
NYWELE NYUMBANI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT
PROVIDED THROUGH THE NYWELE NYUMBANI PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE NYWELE NYUMBANI
PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY
(I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NYWELE NYUMBANI PLATFORM,
(III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND
(IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Nywele Nyumbani does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Nywele Nyumbani Platform or any hyperlinked website or featured in any banner or other advertising, and Nywele Nyumbani will not be a party to or in any way be responsible for monitoring any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Nywele Nyumbani and Affiliates do not warrant that access to the Nywele Nyumbani Platform will be uninterrupted or that the Nywele Nyumbani Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Nywele Nyumbani Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Nywele Nyumbani Platform. Nywele Nyumbani and Affiliates are not responsible for the conduct, whether online or offline, of any User. Nywele Nyumbani and Affiliates do not warrant that the Nywele Nyumbani Platform is free from computer viruses, system failures, worms, Trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Nywele Nyumbani and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you. Notwithstanding any feature a Client may use to expedite Nywele Nyumbani selection, each Client is responsible for determining the Task and selecting their Stylist and Nywele Nyumbani does not warrant any goods or services purchased by a Client and does not recommend any particular Stylist. Nywele Nyumbani does not provide any warranties or guarantees regarding any Stylist’s ability, professional accreditation, registration or license.
You acknowledge and agree that Nywele Nyumbani is only willing to provide the Nywele Nyumbani Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Nywele Nyumbani and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Nywele Nyumbani Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Nywele Nyumbani and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL NYWELE NYUMBANI AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR,
HEREBY RELEASE NYWELE NYUMBANI AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT,
INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO
PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE
ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY NYWELE NYUMBANI, THE COST OF SUBSTITUTE
OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR
TO USE THE NYWELE NYUMBANI PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN SUCH CASES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. NYWELE NYUMBANI AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS NYWELE NYUMBANI PLATFORM. NYWELE NYUMBANI AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE NYWELE NYUMBANI PLATFORM. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT NYWELE NYUMBANI AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITYOR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO NYWELE NYUMBANI (IF YOU ARE A CLIENT) OR TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A TASKER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless Nywele Nyumbani and Affiliates from and against
and all Liabilities incurred in connection with:
(i) your use or inability to use, or your participation on, the Nywele Nyumbani Platform;
(ii) your participation in Tasks, or your ability or inability to perform or obtain the performance of Tasks or to receive payment therefore;
(iii) your breach or violation of this Agreement;
(iv) your violation of any law, or the rights of any User or third party;
(v) your failure to abide by your representations and warranties in Section 2;
(vi) any content submitted by you or using your account to the Nywele Nyumbani Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and
(vii) if you are a Client, the acts or omissions of any Client’s Agents.
Nywele Nyumbani reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Nywele Nyumbani.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Nywele Nyumbani Platform, your relationship with Nywele Nyumbani, Tasks, or this Agreement (including previous versions), (“Dispute”) , you and Nywele Nyumbani agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Nywele Nyumbani. Nywele Nyumbani’s address for such notice is Attention: Legal Nywele Nyumbani,
The following applies to any App accessed through or downloaded from the Apple Store/Google PlayStore
Store (an "App Store
You acknowledge and agree that:
(i) the Agreement is entered into between you and Nywele Nyumbani only, and Apple Store/Google PlayStore is not a party to this Agreement other than as third-party beneficiary as contemplated below, and
(ii) Nywele Nyumbani, not Apple Store/Google PlayStore, is solely responsible for the App Store Sourced Application and content thereof.
Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple Store/Google PlayStore has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may Apple Store/Google PlayStore, and Apple Store/Google PlayStore will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple Store/Google PlayStore will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Nywele Nyumbani and Apple Store/Google PlayStore, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Nywele Nyumbani, subject at all times to warranty limitations and exclusions set forth in this Agreement. You and Nywele Nyumbani acknowledge that, as between Nywele Nyumbani and Apple Store/Google PlayStore, Apple Store/Google PlayStore is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar legislation.
You and Nywele Nyumbani acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Nywele Nyumbani and Apple Store/Google PlayStore, Nywele Nyumbani (and not Apple Store/Google PlayStore) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement. You and Nywele Nyumbani acknowledge and agree that Apple Store/Google PlayStore, and Apple Store/Google PlayStore's subsidiaries, are third party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple Store/Google PlayStore will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Stylists alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Tasks. Indeed, certain types of Tasks and services may be prohibited altogether, and it is the responsibility of Stylists to avoid such prohibited Tasks and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Tasks and services on the Nywele Nyumbani Platform, you should first seek appropriate legal guidance. Because Nywele Nyumbani does not supervise, scope, direct, control, or monitor a Stylist’s work or performance of Tasks, Clients must determine for themselves whether a Stylist is qualified to perform the specific Task at hand. Clients may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Stylist any specific hazards, obstacles, or impediments in the Task location (both visible and concealed) that may impact the performance of the Task.
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth in Section 17) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service. If you have any questions about these Terms of Service or about the Nywele Nyumbani Platform, please contact us by email at email@example.com