This Website, the Apps and the services of Tufyfo (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via our App constitutes your agreement to all such terms, conditions, and notices in effect at such time as this. These Terms and Conditions apply to any services or properties such as websites or apps owned and/or operated by Tufyfo Services or just Tufyfo (including but not limited to Tufyfo.com and the App, Tufyfoapp, Tufyfo User app, etc) and collectively referred to herein as "Tufyfo Services(Tufyfo)," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.Tufyfo.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on June 9th, 2020.
1. INTRODUCTION TO TUFYFO
Upon registration, you may select your own password to access the Services through the Tufyfo website or Provider and User Apps.
2. THE SERVICES
At Tufyfo we are committed to making your total Tufyfo experience a positive one. There are several ways you can find Providers through Tufyfo User App (collectively, "Providers"). Tufyfo User App is app service where you request a referral for a service, and Tufyfo User App refers you out to Providers.
a. Tufyfo User App. Upon entering your information and the request for which you would like a Provider, Tufyfo User App will attempt to match you with Providers in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Provider or that there are Providers in your area that are either capable or willing to complete your service needs.
b. Instant Schedule. You can choose to request a service with Providers right on the Tufyfo User App. Please be aware that Tufyfo User App does not guarantee that the Providers will be on time for, or show up for a ride, as the Providers are not the employees, contractors or agents of Tufyfo. Tufyfo is solely providing the platform to facilitate scheduling of professional services between Users and the Providers.
c. The Provider is the person that is solely responsible for providing the services you require. You agree that Tufyfo is not responsible for the accessibility or unavailability of any Provider or for your interactions and dealings with a Provider.
d. Cancellations: For services booked on Tufyfo User App - Cancellations are allowed for eight (8) minutes after booking a Provider without a cancellation fee. If you cancel after eight (8) minutes, you will be charged a minimum amount as defined by the service cancellation fee.
e. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Providers whom you may book using Tufyfo User App, we make no guarantees, warranties or representations regarding the skills or undertakings of such Provider or the quality of the services that he or she may perform for you if you elect to retain their services. Tufyfo does not endorse or recommend the services of any particular Provider. We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Provider and the Provider's qualifications, and to enter into a direct contract or otherwise reach agreement with a Provider. We do not guarantee or warrant any Provider's performance on the service or the outcome or quality of the services performed. The Providers are not employees or agents of Tufyfo, nor is Tufyfo an agent of the Providers.
f. No Contracting via the Tufyfo Website. Tufyfo does not guarantee or warrant the pricing or discounts that a Provider may offer you. Any quotes provided by Providers via the Tufyfo User App, or which you find on the Tufyfo website, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via Tufyfo No contractual arrangement is created based upon the quotes provided to you from Providers (or your scheduling with a Provider) via Tufyfo User App. To contract with a Provider, you must work directly with the Provider. Tufyfo does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Providers are governed by the terms of such contracts and by applicable national, county, provincial and local laws. Tufyfo is not a party to such agreements. All payments and applicable taxes must be made to the Provider in accordance with the agreements.
g. Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Provider or the fees charged by any Provider, you must address such dispute with the Provider directly (although you may copy Tufyfo on the fee disputes). YOU HEREBY AGREE TO RELEASE TUFYFO (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH ANY OF OUR AGENTS OR PROVIDERS.
3. YOUR USE OF TUFYFO SERVICES AND PROHIBITED USES
You agree not to copy/collect Tufyfo content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use Tufyfo to recreate or compete with Tufyfo, to solicit or harass Providers, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Tufyfo for any such damages, and will indemnify Tufyfo Services in the event of any claims against Tufyfo based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Tufyfo Services, products or properties at any time. All information about Providers is confidential and for your personal use only. If it is determined or suspected by Tufyfo in its sole discretion that you are misusing or attempting to misuse or circumvent the Tufyfo services or system, or are using or attempting to use them for any inappropriate purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Tufyfo reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Providers will take payment for services provided by Providers, through the Tufyfo User App. Should you have any dispute with the services provided by the Provider(s) as set; and the Provider will not have heard from you with documented proof of any issues provided within 3 (72 hours) days after the payment has been made to the Provider, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by national, county or local law.
5. INFORMATION YOU PROVIDE TO US/CONSENT
Upon using Tufyfo, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as various services records, on our website or apps. Some of this information will be sent to Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Providers via phone, email, mail, text (SMS) messaging, app, or other reasonable means, at any of your contact numbers, even if you are listed on any national,county, provincial or other applicable "Do Not Call" list, in order that we may provide the Services, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, services that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with Tufyfo and/or a Provider and thus agree to be contacted by Tufyfo and/or a Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Providers that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Tufyfo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tufyfo has the right to refuse any current or future use of the Tufyfo Services (or any portion thereof) by you. You are responsible for any use of Tufyfo Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO TUFYFO AND THE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO TUFYFO AND EACH PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT THAT WILL BE DEFINED AT THE TIME OF CLAIMS TO EACH OF TUFYFO AND EACH OF THE AFFECTED PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
By submitting a service request, you agree that Tufyfoand the Providers may send you informational text (SMS) messages as part of the normal business practice. These text (SMS) messages shall not be used for marketing purposes. Tufyfoand its affiliates may view, store, access and disclose messages exchanged between you and consumers.
7. DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Provider, and while we have no obligation to you with regard to your relationship with a Provider, the Tufyfo resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a service with a Provider who you learned about through the Tufyfo User App. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Provider. You must participate and use good faith efforts to resolve problems through the Tufyfo resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Provider without a good faith basis for doing so. You agree that Tufyfo is not responsible for the accessibility or unavailability of any Provider or for your interactions and dealings with a Provider.
8. CALL RECORDING
You acknowledge and agree that Tufyfo WILL NOT monitor and/or record any telephone calls between you and Tufyfo Provider.
9. USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on Tufyfo, including but not limited to:
- Photographs or Images,licenses,certificates and letters
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of Tufyfo Services and related organizations, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
d. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
e. Grant of License. You hereby grant Tufyfo Services and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Tufyfoand apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
f. Representation of Ownership and Right to Use Content. By posting or providing any Content to Tufyfo, you represent and warrant to Tufyfo that you own or have all necessary rights to use the Content, and grant to Tufyfo the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
g. Content Guidelines. Tufyfo reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Tufyfo owned or operated websites or apps if Tufyfo determines (in its sole discretion) that such content contains or features any of the following:
I. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
II. References to illegal activity.
III. Language that violates the standards of good taste or the standards of this Site.
IV. Statements that are or appear to be false.
V. Comments that disparage Tufyfo.
VI. With respect to Ratings and Reviews of Providers, all of the above and in addition the following:
- Reviews that do not address the services of the business or reviews with no qualitative value (e.g., "work has not started yet").
- Comments concerning a different Provider/Competitor etc..
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a Provider that has performed services for you pursuant to your applicable service request.
10. PROVIDERS PRE-SCREENING PROCEDURES AND DISCLAIMERS
Unless otherwise noted on the Provider's profile page, Tufyfo.com uses the following criteria as part of its registration enrollment process ("registration") for new Providers, with the exception of Corporate Accounts (as described below). Providers engaged in TUFYFO services in Kenya and Providers providing services in East Africa (neither of which are screened) applying for membership in our network will undergo the below screening at the time of the Provider business' enrollment, and every one year thereafter:
. Licensing - We recommend you confirm all necessary licensing requirements with the Provider and the applicable local licensing authorities. In some areas, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your service. We always recommend that you ask the Provider to provide you with a copy of their license and or qualifications if necessary.
a. State Business Filings - For Providers that are corporations or limited liability companies, we confirm that the business is registered in the County or City in which it is located.
b. We use referees and direct vetting in running background checks, on the owner/principal of the company, for any relevant criminal activity associated with the owner/principal of the business, to such Provider's application for membership in the Tufyfo network and every one year thereafter.WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE PROVIDER NOTE: TUFYFO PERFORMS SCREENING SOLELY AT THE TIME THE PROVIDER APPLIES FOR MEMBERSHIP IN THE TUFYFO NETWORK, AND EVERY YEAR THEREAFTER, AND THEREFORE A PROVIDER'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, TUFYFO CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. TUFYFO IS UNDER NO OBLIGATION TO UPDATE A PROVIDER'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE GETTING INTO A SERVICE WITH A PROVIDER YOU VERIFY THAT INFORMATION PRESENTED IN THE PROVIDER'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Providers are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, Tufyfo does not screen the Corporate Accounts or Corporate SP's.
Providers Profiles: Tufyfo allows Providers to post profiles about themselves and their business on the Tufyfo apps. Tufyfo does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Provider. Tufyfo therefore makes no representations or warranties regarding any information posted by a Provider, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of Tufyfo. Tufyfo believes that it uses REFERENCE LETTERS AND CERTIFICATES OF GOOD CONDUCT as methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Tufyfo network. Tufyfo does not represent or warrant that the information received from the PROVIDER, is accurate, error free, or that it is up to date or updated at the time that Tufyfo checks such information.
DISCLAIMER: TUFYFO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
11. RATINGS & REVIEWS ARE NOT ENDORSED BY TUFYFOAPPS
All Ratings and Reviews of a Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of Tufyfo. Tufyfo disclaims any and all representations or warranties with regard to the Ratings and Reviews. Tufyfo does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the app’s or the materials contained therein.
12. ARTICLES AND OTHER CONTENT
Tufyfo provides certain content relating to services ("Articles"), on the Tufyfo website or apps, and via mobile applications owned and operated by Tufyfo. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
13. LINKS TO THIRD PARTY SITES
The links in the Tufyfo website or apps will let you leave Tufyfo Provider's Web site. The linked sites are not under the control of Tufyfo and Tufyfo is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Tufyfo is not responsible for webcasting or any other form of transmission received from any linked site. Tufyfo is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tufyfo of the site.
14. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
Tufyfo respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyright Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at info@Tufyfo.com.
15. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Tufyfo server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission from Tufyfo. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Tufyfo website or apps or any other Tufyfo owned, operated, licensed or controlled site. Elements of the Tufyfo, website or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Tufyfo web Site may be copied or retransmitted unless expressly permitted by Tufyfo, You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. TUFYFO AND/OR ITS RESPECTIVE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TUFYFOAND/OR ITS RESPECTIVE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE TUFYFO WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TUFYFO AND/OR ITS RESPECTIVE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY TUFYFO,AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE TUFYFO SERVICES IN CONNECTION WITH THE TUFYFO WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A PROVIDER, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
17. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
. The exclusive means of resolving any dispute between you and Tufyfo or any claim or controversy arising out of or relating to use of this Website and/or Tufyfo Provider's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the A SELECT AND AGREED UPON OFFICER OR INSTITUTION MANDETED BY LAW, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE INTERNATIONAL, NATIONAL AND COUNTY LAW. You may not under any circumstances commence, participate in or maintain against Tufyfo any class action, class arbitration, or other representative action or proceeding.
a. *NOTICE OF RIGHTS*
b. By using the Website and/or Tufyfo Provider's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Tufyfo. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
c. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Tufyfo may be commenced only in the courts located in Nairobi, Kenya. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
d. These Terms and Conditions, and any dispute between you and Tufyfo, shall be governed by the laws of the state of the Republic of Kenya without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the National Arbitration Act.
18. GENERAL PROVISIONS
You acknowledge and agree that the Tufyfo Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Tufyfo Provider's sole obligation to you or any third party for any claim arising out of your use of the Tufyfo Services or the Tufyfo or apps, is that you are free to discontinue your use of the Tufyfo Services or the Tufyfo or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TUFYFO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT TUFYFOSHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF TUFYFOHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Tufyfo Provider's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Tufyfo to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the Republic of Kenya as such laws are applied to agreements entered into and to be performed entirely in the Republic of Kenya by its residents. You agree to submit to jurisdiction in Kenya and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Nairobi. These Terms and Conditions constitute the entire agreement between you and Tufyfo and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.