Terms & Conditions
v2.0.0, last updated October 27th, 2021
1. General Terms of Use
Your access and use of the Services (defined below) constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Home Space. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Home Space 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.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Home Space may amend the Terms related to the Services. Amendments will be effective upon Home Space’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided in Home Space’s Privacy Policy located at gethomespace.com/privacy-policy. Home Space may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an incident, involving you and a Third Party Provider (including a one of our professional workers) and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute a technology platform that enables users of Home Space’s mobile applications, APIs or websites, provided as part of the Services (each, an “Application”), for know your client Services utilising background checks on professional workers that would be useful to the User. Unless otherwise agreed by Home Space in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. You acknowledge that Home Space does not provide human resource services or function as an employment agency and that all such related services are provided by independent third-party contractors who are not employed by Home Space or any of its affiliates.
License.
Subject to your compliance with these Terms, Home Space grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:
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, non-commercial use. Any rights not expressly granted herein are reserved by Home Space and Home Space’s licensors.
Restrictions.
You may not:
Remove any copyright, trademark or other proprietary notices from any portion of the Services;
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 Home Space;
Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
Link to, mirror or frame any portion of the Services;
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
Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under the Home Space brand.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Home Space 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. Home Space does not endorse such third party services and content and in no event shall Home Space be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc. or Microsoft Corporation and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android or Microsoft Windows respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain Home Space’s property or the property of Home Space’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
In or related to the Services except for the limited license granted above; or
To use or reference in any manner Home Space’s company names, logos, product and service names, trademarks or services marks or those of Home Space’s licensors.
3. Your 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, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Home Space certain personal information, such as your name, address, mobile phone number and age,. 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 information including information on an appropriate payment method on file, may result in your inability to access and use the Services or Home Space’s termination of these Terms with you. 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 Home Space 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 transportation or logistics 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 using the Services, and you may only use the Services for lawful purposes. You will not, in your 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 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.
Text Messaging.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Home Space at any time by contacting us at admin@gethomespace.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Promotional Codes.
Home Space may, in Home Space’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Home Space establishes on a per promotional code basis (“Promo Codes”). You agree that these Promo Codes:
Must be used for the intended audience and purpose, and in a lawful manner;
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 Home Space;
May be disabled by Home Space at any time for any reason without liability to Home Space;
May only be used pursuant to the specific terms that Home Space establishes for such Promo Code;
Are not valid for cash; and
May expire prior to your use.
Home Space reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Home Space determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Home Space may, in Home Space’s sole discretion, permit you to submit, upload, publish or otherwise make available to Home Space 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 Home Space, you grant Home Space a worldwide, perpetual, transferrable, 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 Home Space’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:
You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Home Space the license to the User Content as set forth above; and
Neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Home Space’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 Home Space in its sole discretion, whether or not such material may be protected by law. Home Space may, but shall not be obligated to, review, monitor, or remove User Content, at Home Space’s sole discretion and at any time and for any reason, without notice or explanation 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 a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Home Space does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. Payment
You understand that use of the Services may result in charges to you for the services you receive from Home Space (“Charges”). Charges may include other applicable fees, tolls, and/or surcharges including but not limited to a verification fees in respect of the Services, transport costs and processing fees, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Home Space.
All Charges are due immediately and payment will be facilitated by Home Space using the preferred payment method designated in your Account, after which Home Space will send you 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 Home Space may, use a secondary payment method in your Account, if available.
As between you and Home Space, Home Space 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 Home Space’s sole discretion. Further, you acknowledge and agree that Charges may vary depending on the complexity of the work to be done by Home Space. Home Space 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. Home Space may 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 or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided.
5. Disclaimers; Limitation of Liability; Indemnity.
DISCLAIMER.
The services are provided “as is” and “as available.” Home Space 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, Home Space 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. Home Space 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.
Home Space 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, even if Home Space has been advised of the possibility of such damages. Home Space shall not be liable for any damages, liability or losses arising out of:
Your use of or reliance on the services or your inability to access or use the services; or
Any transaction or relationship between you and any third party provider, even if Home Space has been advised of the possibility of such damages.
Home Space shall not be liable for delay or failure in performance resulting from causes beyond Home Space’s reasonable control. You acknowledge that third party service providers providing all forms of labour may not be professionally licensed, regulated or permitted. In no event shall Home Space’s total liability to you in connection with the services for all damages, losses and causes of action exceed Kenya Shillings Fifty Thousand (Kshs. 50,000).
Home Space’s services may be used by you to request and schedule the interview of Third Party Providers, but you agree that Home Space has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by Third Party Providers other than as expressly set forth in these terms.
The limitations and disclaimer in this section 5 do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Indemnity.
You agree to indemnify and hold Home Space and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
Your use of the Services or services or goods obtained through your use of the Services;
Your breach or violation of any of these Terms;
Home Space’s use of your User Content; or
Your violation of the rights of any third party, including Third Party Providers.
6. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Kenya. Should a dispute between you and Home Space, the Parties shall in the first instance attempt to resolve such dispute by amicable negotiations. If the Dispute, controversy or claim cannot be settled the parties shall refer the Dispute to mediation proceedings under the Chartered Institute of Arbitrator Mediation Rules (“CIarb Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such CIarb Mediation Rules, such Dispute shall be referred to arbitration. Either Party may declare a dispute by written notification to the other, whereupon such dispute shall be referred to arbitration. Such arbitration shall be resolved in accordance with the provisions of the Kenyan Arbitration Act 1995. The tribunal shall consist of one arbitrator to be agreed upon between the Parties failing which such arbitrator shall be appointed by the Chairman for the time being of Chartered Institute of Arbitrators of Kenya upon the application of either Party. The place and seat of arbitration shall be Nairobi and the language of arbitration shall be English. The award of the arbitration tribunal shall be final and binding upon the Parties to the extent permitted by law and either Party may apply to a court of competent jurisdiction for enforcement of such award.
8. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Home Space’s designated agent. Please visit Home Space’s web page at gethomespace.com. for the designated address and additional information.
Notice.
Home Space may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Home Space by written communication to Home Space's address at admin@gethomespace.com.
General.
You may not assign or transfer these Terms in whole or in part without Home Space’s prior written approval. You give your approval to Home Space for it to assign or transfer these Terms in whole or in part, including to:
A subsidiary or affiliate;
An acquirer of Home Space’s equity, business or assets; or
A successor by merger.
No joint venture, partnership, employment or agency relationship exists between you, Home Space or any Third Party Provider as a result of the contract between you and Home Space or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”