Terms and Conditions for Using Mama Fua App

Last Updated:19th, Apr 2024.

User Agreement 

These Terms of Use, together with the privacy policy and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".

This Agreement constitutes a legal agreement between you ("you" or "User") and Mama Fua Technologies Ltd trading as the MAMA FUA app ("MAMA FUA app" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.ujakazi.com , as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "MAMA FUA app".

By accessing, using or registering with the MAMA FUA app or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the MAMA FUA app. MAMA FUA app's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using the MAMA FUA app, you represent and warrant that: (i) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) 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. 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.

To the extent permitted and except where prohibited by applicable law, these Terms of Use include:

Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 18).

Your agreement that no claims can be adjudicated on a class basis (Section 18).

Your agreement that the MAMA FUA app is provided "as is" and without warranty (Section 15).

Your agreement that the MAMA FUA app is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that MAMA FUA app has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 15), with the exception of MAMA FUA app's Happiness Guarantee (Section 3(d)).

Your agreement that MAMA FUA app's Happiness Guarantee is limited to Payments paid by Requesters through the MAMA FUA app (Section 3(d)).

Your acknowledgment of an agreement to pay MAMA FUA app's  Fee that will be applied to each appointment of a Professional Service requested through the MAMA FUA app (Section 3(e)).

Your acknowledgment of an agreement to MAMA FUA app's cancellation policies and cancellation fees (Section 4).

Your acknowledgment of an agreement to MAMA FUA app's cancellation policies and cancellation fees for a Cleaning Plan with a Minimum Commitment (Section 4(d))

Your agreement to release MAMA FUA app from liability based on claims relating to Professional Services and otherwise (Section 15) and your agreement to the limitation of time within which a claim can be brought (Section 20).

Your agreement to indemnify MAMA FUA app from claims due to your use, misuse or inability to use the MAMA FUA app, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third-party rights, and/or content or information submitted from your account to the MAMA FUA app (Section 16).

Your consent to any modifications or amendments to this Agreement (Section 21).

Your consent to the collection, use, sharing, and transfer of your data as outlined in the Privacy Policy as updated from time to time.

1. The MAMA FUA app is Solely a Venue for Communications.

a. The MAMA FUA app is Solely a Venue for Communications. The MAMA FUA app is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include the cleaning, repair and/or assembly of furniture and/or other items (“Merchandise”) but shall not be deemed to include the Merchandise itself. The MAMA FUA app and its Parent Company disclaims all liability and responsibility for any Professional Services and/or Merchandise, within the limitations allowed by Kenyan law.

MAMA FUA app does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the MAMA FUA app. MAMA FUA APP, THROUGH THE MAMA FUA APP, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, CONSULTATION, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. MAMA FUA APP IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY MERCHANDISE PROVIDER OR RETAILER.

b. Background Checks. MAMA FUA app checks the backgrounds of Professionals via third party background checks to the extent permitted by applicable law. These checks have limitations and may not cover all criminal history, qualifications, or other aspects relevant to the Professional Services offered. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE MAMA FUA APP, THE REQUESTER AGREES TO HOLD MAMA FUA APP FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. MAMA FUA APP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

c. Customer Presence and Custody of Property and Persons: The Customer is expected to be physically present during the performance of the service provided by Professionals via the MAMA FUA app. Furthermore, the Customer agrees not to leave custody of any property or persons to the service provider unattended. Any arrangement where custody is relinquished to the service provider will be at the Customer's own risk, and they accept all liability arising from such an arrangement. MAMA FUA app shall not be held responsible for any loss, damage, or liability resulting from the Customer's failure to adhere to this provision.

d. By downloading or utilizing the app or services provided from our application, you hereby agree and consent to our conducting of thorough background checks on all our service providers. This measure is a fundamental aspect of our ongoing effort to ensure the safety, security, and integrity of our community. Such checks are performed in accordance with applicable laws and regulations and may include, but are not limited to, verification of identity, criminal history, and any other checks deemed necessary to foster a trustworthy environment. Your use of our app signifies your acknowledgment of, and agreement to, our right to perform these safety checks at our discretion. Please note that by rejecting these terms, you may be denied access to our platform. We reserve the right to suspend or terminate your account should any information provided prove to be inaccurate or if the results of the background checks do not align with our community standards and safety requirements.

2. Personal Information; User Accounts.

a. Collection of Your Personal Information. Some materials on the MAMA FUA app may require prior registration for access. Upon registration, you will be required to provide certain personal information. We reserve the right to refuse any username, email address, or screen name that is already in use, impersonates another person, violates any intellectual property or other rights, or is deemed offensive. You must ensure the information provided is accurate, complete, and updated as necessary. Failure to provide accurate information may result in suspension or termination of your access to restricted materials. Your personal information will be stored and processed on secure servers and will only be used for the purposes outlined in our Privacy Policy. In compliance with Kenya's data protection laws, we implement strict security measures to prevent unauthorized access, disclosure, alteration, or destruction of your information. We may share your personal information with third parties for processing, under contractual obligations that ensure the same level of data protection and security. By using the MAMA FUA app, you explicitly agree to the storage, processing, and sharing of your personal information as described herein, and you acknowledge that you have read and understood the terms of our Privacy Policy, which provides further details on how we handle your personal data.

b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the MAMA FUA app. You are solely and fully responsible for all activities that occur under your password or account, except that MAMA FUA app may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. MAMA FUA app has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you must contact us immediately. Nothing in this section shall affect MAMA FUA app's rights to limit or terminate the use of the MAMA FUA app, as provided below in section 4(b).

c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.

d. Text Messages and Phone Calls. By providing your phone number and using the MAMA FUA app, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the MAMA FUA app. You agree to MAMA FUA app’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional or Service Requestor on the MAMA FUA app using a telephone number provided by MAMA FUA app. During usage, MAMA FUA app and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the process described above and to MAMA FUA app’s use and disclosure of this call data for its legitimate business purposes.

e. Emails. MAMA FUA app may send you confirmation and other transactional emails regarding the Professional Services. MAMA FUA app may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by contacting us.

3. Payments, Credits and Refunds;

a.Users of the MAMA FUA app engage directly with other Users for Professional Services. MAMA FUA app acts merely as a facilitator, supplying a platform for Requesters to connect with Professionals, schedule Professional Services, and handle Payments. Upon agreeing to a contract for Professional Services, Requesters are required to pay a deposit as an advance facilitation fee through the MAMA FUA app. The remaining balance for the Professional Services and/or Merchandise must be paid in full before work commences. Charges will be applied to the Requester's credit card or mobile wallet according to the agreed-upon amounts for all Professional Services, Merchandise, and any associated fees or reimbursement costs, as well as the Fee as defined in 3(e) below. By using the MAMA FUA app, the Requester authorizes us to charge the credit card or mobile wallet linked to their MAMA FUA app account for these amounts.

We will use third party services to process credit card information. By accepting this Agreement, you give permission for MAMA FUA app, or a designated third-party payment processor, to charge your on-file credit card, debit card, or other approved payment methods for any fees you owe. Charges can occur on a one-time or recurring basis, depending on the transaction or services you've selected. You are responsible for ensuring that all information provided in connection with a purchase or transaction is accurate, complete, and current. Requesters wishing to cancel or reschedule Professional Services must provide a 48-hour advance notice to MAMA FUA app via email or phone. Failure to comply will result in either no refund being processed or the application of a penalty for lost commercial opportunity. MAMA FUA app reserves the right, in its sole discretion, to place a hold on the Requester's credit card for any ordered or completed Professional Service transaction. If no complaint is reported within 48 hours after the completion of a Professional Service, the transaction will be marked as closed. Payments for services must be made exclusively through the MAMA FUA app. Services and related Payments made outside of the MAMA FUA app are not subject to our Terms of Service, and you thereby agree to hold MAMA FUA app harmless from any responsibility or liability arising from such external payment arrangements.

Any fees charged by the Company for the Software or Service must be paid prior to confirming an appointment for cleaning. Refunds will only be issued in instances of non performance. In all other instances, the fees are non-refundable. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.

The Company, at its sole discretion, may make promotional offers with different features and different rates. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service.

At our sole discretion and without implying or accepting any liability or obligation, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. We employ commercially reasonable security measures to protect your credit card and personal information. We will be held liable for damages only in the event of a breach of these security measures due to negligence or willful misconduct on our part.. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on MAMA FUA app's income.

a. Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location, size of premises, workload and how frequently a Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location, premises or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.

b. MAMA FUA app Fee. MAMA FUA app may assess an additional " Fee" to support the MAMA FUA app, including costs related to background checks, insurance, customer support and related services provided to you by the MAMA FUA app. The Fee will be applied to each appointment of a Professional Service requested through the MAMA FUA app (e.g., if you requested a Recurrent Service, a  Fee may be assessed on each Recurrent Service appointment). The amount of the Fee may vary but shall be retained by MAMA FUA app in its entirety.

4. Term and Termination; Cancellation of Professional Services; Survival.

a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by us.

b. Termination by MAMA FUA app. To the extent permitted by applicable law, we may terminate this Agreement or terminate or suspend your right to use the MAMA FUA app at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the MAMA FUA app, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with in app notification that you have been blocked or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the MAMA FUA app due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, MAMA FUA app may delete the account and all the information in it. You have no ownership rights to your account.

c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the MAMA FUA app (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the MAMA FUA app. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by MAMA FUA app. Terminating this agreement does not invalidate its applicability to previous services rendered with the Mama Fua App.

e. Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment and Cleaning Plans after completion of the Minimum Commitment period. MAMA FUA app's cancellation policy specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the MAMA FUA app at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee. If the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the MAMA FUA app Help Center at help.MAMA FUAapp.ca

f. Policy for Service Cancellation by Requester. MAMA FUA app's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the MAMA FUA app at any time, subject to the following. If a Requester cancels after their request has been accepted, they shall be charged the full Professional Service amount. If a Requester cancels before a scheduled Service provider has been allocated, the Requester will be charged a 50% cancellation fee. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through contacting our help center.

g. Policy for Service Cancellation by Professional. When a Professional cancel a scheduled Professional Service appointment, the MAMA FUA app generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, MAMA FUA app cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement and may have their accounts terminated with no notice.

h. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement.

5. Links to and Plug-Ins from Other Web Sites or Media.

Links (such as hyperlinks) from the MAMA FUA app to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, "Third Party Sites") do not constitute the endorsement by MAMA FUA app of the Third-Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. MAMA FUA app does not control any Third-Party Sites and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third-Party Site is governed by the terms and conditions of use and privacy policy of that Third-Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. MAMA FUA APP EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD-PARTY SITES, AND YOU HEREBY AGREE TO HOLD MAMA FUA APP HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.

6. Submission Areas.

The MAMA FUA app may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with MAMA FUA app (collectively, "Submission Areas"). Some areas in the Submission Areas within the MAMA FUA app will be public, and MAMA FUA app will not be responsible for any information or materials posted in such public areas. MAMA FUA app may, in its discretion, publicly post submissions you submit to a non-public area of the MAMA FUA app. You may only use such Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the MAMA FUA app, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the MAMA FUA app) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the MAMA FUA app, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the MAMA FUA app. We reserve the right to remove postings from Community Areas in our sole discretion.

7. Rules for Use of the MAMA FUA app.

During the term of this Agreement, Requesters may use the MAMA FUA app for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the MAMA FUA app to book Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the MAMA FUA app for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving the MAMA FUA app. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the MAMA FUA app (including but not limited to any Submission Areas) to do any of the following:

a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.

b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.

c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.

d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.

e. Use the MAMA FUA app or any Professional Service for any purpose or in any manner that is in violation of local, state, provincial, national, or international law.

f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.

g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the MAMA FUA app. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the MAMA FUA app without express written permission from us.

h. Use the MAMA FUA app to collect or harvest usernames and/or email addresses of members by electronic or other means without our express prior written consent.

i. Conduct, send or forward e-mail or other electronic communications, including promotions, advertising of products or services, surveys, contests, pyramid schemes, or chain letters.

j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.

k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.

l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the MAMA FUA app, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

m. Restrict or inhibit any other User from using and enjoying the MAMA FUA app.

n. Imply or state that any statements you make are endorsed by us, without our prior written consent.

o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the MAMA FUA app, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the MAMA FUA app in any manner, or attempt to do any of the foregoing.

p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.

q. Upload content 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.

r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of majority, in an abusive, violent or sexual manner.

s. Register to use the MAMA FUA app under different usernames or identities, after your account has been suspended or terminated.

t. Mirror or archive any part of the MAMA FUA app or any content or material contained on the MAMA FUA app without MAMA FUA app's written permission.

u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.

v. Alter transmission data without MAMA FUA app’s consent.

8. Employment and Withholding.

Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of MAMA FUA app. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner. Professionals may wear a MAMA FUA app badge or other MAMA FUA app insignia purely for the purpose of identifying themselves as a Professional contacted through the MAMA FUA app. MAMA FUA app is not an employment service and does not serve as an employer of any Professional. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, Canada Pension Plan or payroll withholding tax in connection with your use of Professional Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Professional Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.

9. Special Promotions; Gift Cards and Vouchers.

a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.

b. Referral Credits. In the event that you are given a code through which you may refer a friend to the MAMA FUA app in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. MAMA FUA app referral credits are redeemable only for Professional Services. MAMA FUA app referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us athelp.MAMA FUAapp.ca.

c. Vouchers.

i. MAMA FUA app vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services.

ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.

iii. You agree that you will comply with all Voucher terms and conditions.

iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards

10. Intellectual Property Rights.

The MAMA FUA app, and the information, data, design, content and materials, which it contains ("MAMA FUA app Materials"), are the property of MAMA FUA app and/or its affiliates and licensors, excluding User-generated content, which MAMA FUA app has a right to use as described below. The MAMA FUA app Materials are protected from unauthorized copying and dissemination by Kenya copyright law, trademark law, international conventions, and other intellectual property laws. MAMA FUA app and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the MAMA FUA app Materials. Any use of MAMA FUA app Materials, other than as expressly permitted herein, is prohibited without the prior permission of MAMA FUA app and/or the relevant right holder. The service marks and trademarks of MAMA FUA app, including without limitation this website and the MAMA FUA app logo are service marks owned by MAMA FUA app. Any other trademarks, service marks, logos and/or trade names appearing on the MAMA FUA app are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the MAMA FUA app without the express prior written consent of the owner.

11. Copyright Complaints and Copyright Agent.

MAMA FUA app respects the intellectual property of others and expects Users to do the same. MAMA FUA app will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the MAMA FUA app infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to MAMA FUA app a properly submitted copyright notice as indicated below, MAMA FUA app will investigate, and if it determines, in its discretion, that the material is infringing, MAMA FUA app will remove the content and may terminate the access of the User who posted such content to the MAMA FUA app in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:

(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.

(ii) A statement specifically identifying the location of the infringing material, with enough detail that MAMA FUA app may find it on the MAMA FUA app. Please note it is not sufficient to merely provide a top-level URL.

(iii) The complete name, address, telephone number and e-mail address of Complainant.

(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.

MAMA FUA app's contact information for notice of alleged copyright infringement is:

Email: info@mamafuaapp.com

12. The App / Mobile Devices

a. The MAMA FUA app may allow you to access our services, download our Apps, upload content to the MAMA FUA app, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

c. MAMA FUA app is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. MAMA FUA app reserves the right to terminate the use of the Apps or any other aspect of the MAMA FUA app should you be using the Apps or the MAMA FUA app with an incompatible or unauthorized device.

d. App Store Sourced Application.

(i) With respect to Apps accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. MAMA FUA app reserves all rights in and to the Apps not expressly granted to you under this Agreement.

(ii) You acknowledge and agree that (i) this Agreement is valid between you and MAMA FUA app only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) MAMA FUA app, not Apple, is solely responsible for the App Store Sourced Application and the MAMA FUA app Content.

(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.

(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.

(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and MAMA FUA app, MAMA FUA app and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, 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.

(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.

(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.

(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

14. Modifications to the MAMA FUA app.

We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the MAMA FUA app or any content or information on the MAMA FUA app with or without notice. We will not be liable to any party for any modification or discontinuance of the MAMA FUA app.

15. Confidentiality. The term "Confidential Information" shall mean any and all of MAMA FUA app's trade secrets, confidential and proprietary information, personal information and all other information and data of MAMA FUA app that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The MAMA FUA app contains secured components that are accessible only to those who have been granted a user name and password by MAMA FUA app. Information contained within the secure components of the MAMA FUA app is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of MAMA FUA app and agree that you will not use Confidential Information other than as necessary for you to make use of the MAMA FUA app as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify MAMA FUA app in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to MAMA FUA app upon termination of this Agreement for any reason whatsoever.

15. Disclaimer of Warranties; Limitation on Liability.

a. USE OF THE MAMA FUA APP IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MAMA FUA APP IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MAMA FUA APP NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE MAMA FUA APP WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE MAMA FUA APP; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MAMA FUA APP, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE MAMA FUA APP OR THIS AGREEMENT. ACCESS TO THE MAMA FUA APP IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER MAMA FUA APP NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MAMA FUA APP (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER MAMA FUA APP NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE MAMA FUA APP IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. MAMA FUA APP AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

b. NO LIABILITY. YOU AGREE NOT TO HOLD MAMA FUA APP, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE MAMA FUA APP, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MAMA FUA APP OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL MAMA FUA APP OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MAMA FUA APP OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. MAMA FUA APP AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MAMA FUA APP, THE PROFESSIONAL SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MAMA FUA APP OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO MAMA FUA APP DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

c. RELEASE. MAMA FUA APP AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE MAMA FUA APP. THE MAMA FUA APP IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE MAMA FUA APP CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, MAMA FUA APP WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE MAMA FUA APP FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE MAMA FUA APP IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE MAMA FUA APP AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

d. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE MAMA FUA APP IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD-PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE MAMA FUA APP, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE MAMA FUA APP, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.

NOTHING IN THIS AGREEMENT OR THE MAMA FUA APP CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

BY USING THE MAMA FUA APP, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE MAMA FUA APP.

YOU ACCEPT THAT, AS A CORPORATION, MAMA FUA APP HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST MAMA FUA APP'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE MAMA FUA APP'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS MAMA FUA APP.

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

16. Indemnification.

You hereby agree to indemnify, defend, and hold harmless MAMA FUA app, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the MAMA FUA app, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the MAMA FUA app. MAMA FUA app reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of MAMA FUA app.

17. Mutual Arbitration Agreement.

a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and MAMA FUA app, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and MAMA FUA app may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to MAMA FUA app. MAMA FUA app's address for such notices is: system@ujakazi.com.

b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and MAMA FUA app agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, MAMA FUA app will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.

c. Excluded Disputes. You and MAMA FUA app agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.

To fullest extent permitted by applicable law, You and MAMA FUA app agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

f. Severability. You and MAMA FUA app agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section 18 will be given full force and effect.

18. Governing Law; Jurisdiction. Except where required otherwise by law, this Agreement is governed and interpreted pursuant to the laws of the Kenya, notwithstanding any principles of conflicts of law.

19. Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.

20. General Provisions.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and MAMA FUA app with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to MAMA FUA app. MAMA FUA app's address for such notices is: legal@MAMA FUAapp.ca .The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties and by means of a new posting by MAMA FUA app, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. MAMA FUA app shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond MAMA FUA app's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.

21. Changes to this Agreement.

We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the MAMA FUA app. Your continued use of the MAMA FUA app following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

23. Severability.

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

24. Contact Information.

If you have any questions regarding this Agreement, please contact us at sales@ujakazi.com

BY DOWNLOADING THE APP, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE TERMS OF USE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE MAMA FUA APP IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.