Terms & Conditions

Introduction

The website – www.fyndaa.com – is by Fyndaa Company Ltd, which is a legal business entity incorporated according to Kenyan Law. These are the terms and conditions that govern access and use of Fyndaa Company Limited website(s), mobile applications or links that refer to the website. Access or use of the website means you have understood, agreed to and are legally bound by these terms and conditions.

Do not access or use the website if you do not understand, are not willing, or unable to accept these terms and conditions. The materials contained in this website are protected by applicable copyright and trademark law in Kenya and internationally.

Definitions

Party

We, our, us, refers to Fyndaa Company Limited, hereafter referred to as Fyndaa, and its associates.

You, your, refers to you and anyone who accesses the website.

User refers to anyone who accesses or uses the website.

Content

Refers to text, images, photos, audio, video, illustration, graphic, caricature, animation, and any other form of data or communication material.

Your content refers to what you have uploaded, submitted or transmitted to the site. This includes but is not limited to, ratings, reviews, photos, images, text, messages, videos or information that you have publicly displayed on your account profile on the website.

User content refers to the same as “Your content”.

Our content or Fyndaa content refers to content we create and avail on the website.

Third party content is any other content that originates from other parties other than Fyndaa and its users.

Site Use

Eligibility

Only persons who are at least 18 years of age are allowed to access and use the website (or under the supervision of one who is at least 18 years of age, if below stipulated age). You also must have read, understood and agreed to the terms and conditions herein.

You use the site at your own risk, including but not limited to the risk of exposure to offensive, inaccurate, objectionable or inappropriate content.

Availability

We seek to ensure that the site is available 99.9% of the time in a day. Nonetheless, the site can be modified, updated, interrupted, suspended or discontinued without notice or liability in cases of unforeseen circumstances including but not limited to natural catastrophe (force majeure).

Fyndaa will only issue a 14-day notice in case of scheduled maintenance exercises and will not be liable for any form of loss or damage during such a period arising from lack of access to the website. While we do daily backups of our site, we are not obligated to keep copies of your content; the responsibility is on you to have copies of your content elsewhere should you need to refer to it in future.

Registration

When you register or sign up on Fyndaa.com you agree to receive occasional promotional content from us. If you would not like to receive such content, you can opt out by contacting us. 

User accounts

Your are required to submit correct and accurate information when creating your account or registering as a user where required. We will use the details (phone number and email) provided to communicate with you.

You are not to impersonate anyone else while creating your account. The details submitted should not be someone else’s.

You are not to create multiple accounts.

Your are responsible for content under your account.

You assume complete liability for any form of risk, loss, damage, defamation that may arise or is associated with your account or the content therein.

Your are responsible for keeping your account log-on details safe and confidential.

You are required to notify us in case of loss of log-on credentials or unauthorized use of the same.

We reserve the right to close your account at any time without notice, particular when in breach or violation of these terms and conditions, the governing law or content guidelines.

Your account is only for non-commercial use. The content posted, published, submitted or transmitted should only be associated with that particularly listed business unit and not any other (including competitors).

User Content

You are solely responsible for your content.

You assume all risk and liability that comes from or is associated with your content. This could be inaccuracy, lack of quality or unreliability. You are not to imply that your content is sponsored or endorsed by Fyndaa, unless you have been explicitly authorised to do so.

Your content must:

  •  not contain false information.
  •  not contain intentionally misleading information.
  •  not be deemed defamatory.
  •  not be in violation of any right according to Kenya’s law  (or any country that Fyndaa operates in) or international law. This includes but not limited to violation of, copyright, business, patent, trademark, trade secret, public, or individual rights or law or regulation.
  •  not contain hate speech, pornography, or any illegal content by law.

Posted reviews, remarks about a business experience should be truthful.

Advertisements

Publishing of Ads

Generally all advertisements are to be submitted for vetting before being published. We may require additional information as we seek to avail accurate and valuable information to the website users.

Advertisement Fee

It is free.

Fyndaa may advertise itself using your content – images, photos, reviews, ratings – and so forth, for which you are not entitled to any form of compensation. Such advertisements are subject to change without specific notice.

We reserve the right to vet, edit, remove user content at any time without notice, particularly for legal or any other reason such as violation of Fyndaa’s content guidelines or terms and conditions.

Our right to use your content

We may use your content in our advertisements, promotions and as such you irrevocably grant us the royalty-free right to use your content for such purposes.

We reserve the right to access your content and remove anything that we deem unlawful or illegitimate.

Conditions:

You agree not to, or facilitate others to:

  • violate third party’s right according to any law.
  • violate our content guideline.
  • promote another business or commercial event or political or charity campaigns.
  • Publish, upload, submit, transmit any form of pornography on the web-site.
  • Solicit any personal information that can be used to harm minors or any individual.
  • violate any applicable law.
  • the website and the content within is the intellectual property of Fyndaa Company Ltd and is protected by Kenya and international copyright law and intellectual property rights. Therefore, you are not  to modify, adapt, redistribute, reproduce, translate, create derivatives, adaptations or versions of, publicly display, sell, trade, or in anyway exploit the website or the website content (other than your content).
  • use any (ro)bot, spider, site search/retrieval application or automated device, process or means to access, retrieve, scrape or index the website or any of website content.
  • reverse engineer this site or parts of it.
  • remove or modify any copyright, trademark or other proprietary rights notice that appears on any part of the website or its content.
  • record, process or mine information about other users.
  • execute any task, activity or (malicious) code that may impose or effect an unreasonable load on Fyndaa website infrastructure thus adversely affecting bandwidth, space, processing power, and other computing resources or cause loss, damage of website content, design, structure or its normal function.
  • attempt to gain unauthorized access to the site, user accounts, or any part of the infrastructure through hacking or any other means.
  • use the website or part or component of the website to transmit any malware or any software that causes damage, loss, theft of data or information or has undesired effects on the infrastructure or those connected to Fyndaa’s infrastructure.
  • attempt to remove, disable, damage, circumvent or interfere with any security-related feature in place that enforces limitations on use of the website. Contact us instead for us to provide alternatives should you feel limited or inhibited by the security infrastructure. You are advised to contact Fyndaa for assistance instead.

Third party

Our site may contain content or links to third party sites. We are not in control of the third party content and therefore are not liable for any loss, damage, harm or any undesired effect that may arise from visiting such websites. We also do not endorse such sites or the content therein.

Indemnity

You agree to indemnify, defend and not hold Fyndaa and all its associates, owners, directors, subsidiaries, or affiliates, responsible for any loss, liability, legal fees, claims, demands, or suits made by you or any third party from their:

visit or view of the website,

purchase or sale of goods or services made on the website.

violation of the terms and conditions by you or third party.

Disclaimer and our liability limitation

This sections applies to Fyndaa Company Limited and all its subsidiaries, associates or affiliates.

The site is made available on an as-is basis. We may not monitor, control or vet user or third party content and therefore your access of the site is at your own discretion and risk.

Fyndaa does not assure quality, accuracy or reliability of the site content or the businesses listed and therefore will not assume any responsibility for liability, loss or damage that may arise from your view, use of the website or business transactions made after accessing the website.

We are also not liable if another user or business misuses your content, identity, personal information.

Your purchase of goods or services from third parties or listed businesses is made at your own discretion and risk. Fyndaa is in no way liable for any damage or loss that may arise from such transactions, nor are we liable or responsible for any bad or negative experiences you may have with any of the listed or advertised businesses. This is only because Fyndaa provides businesses with online presence and has no control whatsoever of the businesses’ structures, systems, or quality controls.

Fyndaa disclams liability of any incidental, consequential, direct, indirect, special damage or loss suffered from the access or use of the website, including but not limited to loss of profits, reputation damage, business interruption or closure, loss or damage of information or data.

Lawsuits or Legal Disputes

We are determined to fairly and amicably resolve disputes that may arise from this agreement and so you are encouraged to contact Fyndaa in such occasions before seeking legal intervention. However, should legal intervention be pursued, then any legal suits or disputes that may arise from this agreement, access or lack of it to the website, will be under the jurisdiction of Kenyan courts and all proceedings held within Nairobi, Kenya and you waive any objection to the said venue.

Termination

If you have an account, you may terminate the service of the website by emailing us at info@fyndaa.com

We may discontinue, suspend, close your account at any time should we establish violation of any law, regulation, terms or conditions.

General terms

We reserve the right to modify, update the website at any time without notice to you as long as your business details accordingly remain in place.

We may discontinue the website services any time with a month’s notice to you.

Fyndaa may revise these terms of use for its website at any time without notice. By using this web site you are agreeing to be bound by the then current version of these terms and conditions of use. You are encouraged to read the terms and condition every so often though we will seek to notify you of any changes to the same.

Content Guidelines
This is a guide on the kind of content to be uploaded on the Fyndaa website from any user. You are not to upload, post, publish, transmit content that:
  • contains any form of pornography, explicit nudity, or is sexually explicit in any way – this includes but not limited to images, photos, caricature, graphics, videos, illustrations, text and such. Links or redirects to such links is also prohibited.
  • that defames any party according to Kenya’s law.
  • amounts to hate-speech according to Kenya’s law.
  • contains content, data or information about another business (your friend’s, partner’s, spouse’s business).
Even when a user has many businesses, each unit is considered a separate entity and should be listed as such. You are solely responsible for your content. You assume all risk and liability that comes from or is associated with your content. This could be inaccuracy, lack of quality or unreliability. You are not to imply that your content is sponsored or endorsed by Fyndaa, unless you have been explicitly authorised to do so. Your content must:
  •  not contain false information.
  •  not contain (intentionally) misleading information.
  •  not be deemed defamatory.
  •  not be in violation of any right according to Kenya’s law  (or any country that Fyndaa operates in) or international law. This includes but not limited to violation of, copyright, business, patent, trademark, trade secret, public, or individual rights or law or regulation.
  •  not contain hate speech, pornography, obscene, abusive or any illegal content by law.
Posted reviews, remarks about a business experience must be truthful. No user or third party should be paid or receive payment to submit or upload reviews, about any listed business, whether good or bad.
Privacy Policy

This concerns how Fyndaa deals with or handles data on the website.

Account Information

We expect correct and accurate information during account registration, as such information is used for communication between you and Fyndaa. This could be administrative, legal or marketing communication via email, phone call or sms.

We do not disclose your account information to third party without your consent. Please note some of the information is (publicly) displayed on your account profile, such as your (business) name, phone number and profile picture if any.

Listed business are not able to delete, modify reviews, comments, ranking associated with their businesses. Please note deleting an account does not delete such information.

Fyndaa may retain your information for legal reasons or for investigative purposes. Such information (your identification number, telephone number, location, and so forth) may be shared with government authorities for legal or investigative purposes.

Profile information

Your name, email address, profile picture and any other profile data is available to the public. This means that such information can be used by the public or listed businesses, to communicate with you, for example in response to your queries, comments or complaints.

We may use your (business) pictures in our advertisements without prior notice to you or obligation to compensate you for such use (please refer to our terms and conditions of service for more details).

Reviews, Comments, Ratings

Such information is seen by the public.

Should such information be deemed illegitimate, illegal or against our content guideline, we reserve the right to remove such content.

Businesses are not capable of modifying or deleting such information.

Third party information

There might be links or redirects to third-party websites. This means you might access other websites via our website(s). We are not in control or informed about third party’s privacy policy and therefore encourage you to look at the third party’s privacy policy in case of any privacy concerns.

Cookies

Fyndaa and third parties’ website(s) may use internet cookies for a few reasons:

– session management.

– help improve user-experience, for instance when filling forms, logging in and so forth.

– show relevant content (personalization).

By using the site, you consent to the use of these cookies.

In general, Fyndaa employes commercial technology and industry best practices to protect personal information in transit or in our custody, however, as with all technology, we do not guarantee 100% security of the information.

To further improve information security, we also encourage you to have updated browsers, applications installed on your computer or mobile devices and the website address you visit begins with https://.

Do not access the website if you are not comfortable in any way or do not agree with these terms and conditions or privacy policy.