© Custometrix Limited


Terms of use

Introduction

  • These are the terms, conditions and notices set forth below (collectively, the “Terms of Use”) for ratemyservice.co.ke, application or other interactive service provided by Custometrix Ltd (collectively "Site," "we," "us" or "our").
  • This Site is offered to you conditioned upon your acceptance without modification of any/all the Terms of Use.
  • By accessing or using this Site in any manner, you agree to be bound by the Terms of Use and represent that you have read and understood its terms.
  • If you do not accept the Terms of Use, please do not use this Site.
  • Please read the Terms of Use carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes.
  • If we determine, in our sole discretion and judgment, that use of the Site does or may violate any of the terms of this Terms of Use, in addition to our rights as described in this Terms of Use, we reserve the right, at any time (with or without prior notice to you) and without limiting any and all other rights we may have under this Terms of Use, at law or in equity, to: (i) refuse to allow you to access, use and interact with the Site; (ii) remove and delete Submissions (defined further below); (iii) revoke your right to use the Site; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
  • We reserve the right to revise the Terms of Use at any time by posting an updated Terms of Use without advance notice to you. Such revisions shall be effective immediately upon posting. Notice of material changes may be posted on the Site’s homepage and/or may be provided by e-mailing you or notifying you upon login about these changes; the form of such notice is at our discretion. However, we encourage you to check the Terms of Use often for updates.

Our details

  • Company registration number: CPR/2015/193535
  • Contact telephone: +254 780 644 644
  • Contact email: [email protected]
  • Mailing address: P O Box 72693 – 00200, Nairobi, Kenya

Use of the Site

  • This Site is provided for the convenience of service providers and their existing and potential customers.
  • You warrant that you are 18 years of age or older in order to register for an account and use the Site.
  • Unless you have entered into a subscription, the Site is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.
  • We retain the right at our sole discretion to deny access to anyone to this Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms of Use.
  • In order to use the Site you will need an internet broadband connection. You are responsible for providing all equipment and meeting all costs required to access the Site.
  • Under no circumstances will we be responsible for any charges incurred by a user in order to access, use or interact with the Site (e.g. charges from wireless and wired communications providers).
  • The Site can be accessed via a personal computer, mobile device, or any other technology or devices now known or hereafter developed or discovered (each, a “Device”). The Site may use the processing capabilities, memory and bandwidth of the Device you are using. You acknowledge and agree that you have the necessary licences and/or consent from relevant third parties for the Devices and the software contained therein.
  • Some regions may restrict the use of our Site. It is your responsibility to ensure that you are legally allowed to use the Site where you are located.
  • We cannot guarantee that the Site will always function without disruptions, delay or errors. A number of factors may impact the use of the Site including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network, your power supply or any force majeure events. We take no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
  • We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site (if any) may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
  • You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that (is), attempts to, or is likely to:
    • Be unlawful, libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
    • Constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
    • Affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
    • Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
    • Transmit, distribute or upload Material (defined further below) that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, malware or other potentially harmful programs or other material or information;
    • Violate any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software), judicial or governmental order or any treaties, or violate or infringe upon any copyright or other intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
    • Gain or enable unauthorized access to the Site or any of its features or functions, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site;
    • Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise;
    • Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display Material, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
    • Without our prior permission, use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
    • To use the Site in any manner which violates or is inconsistent with the terms and conditions of this Terms of Use, including, but not limited to, any other terms, rules or guidelines and the Privacy Policy;
    • Frame or mirror any part of the Site without our express prior written consent;
    • Create a database by systematically downloading and storing Site content; or
    • Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site.

Protection of intellectual property

  • The content and information on this Site (including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), as well as the infrastructure used to provide such content and information, is proprietary to Custometrix Ltd.
  • All Materials are (C) 2015 Custometrix Ltd, all rights reserved.
  • You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Material, products, or services obtained from or through this Site.
  • You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site.
  • Except using tools provided on the Site, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Custometrix Ltd.
  • Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable laws.
  • We require users to respect our copyrights, trademarks, and other intellectual property rights. Likewise, we respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

Submissions

  • By submitting content to this Site by email, postings on this Site or otherwise, including any reviews, questions, photographs or videos, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant ratemyservice.co.ke, Custometrix Ltd and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right (subject to our Privacy Policy) to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose; and (b) use the name that you submit in connection with such Submission.
  • Submissions must follow the guidelines provided (link) and form part of our Terms of Use and are applicable to both service providers (recipient of the Submission) as well as their existing or potential customers (provider of the Submission).
  • Submissions are the sole responsibility of the person from which such Submissions originated. This means that you (including, but not limited to, Submissions made under your name, user name and/or email address) are solely and entirely responsible for the consequences of all Submissions that you upload, post, email, transmit or otherwise make available via the Site.
  • Submissions do not reflect the views of ratemyservice.co.ke and Custometrix Ltd and ratemyservice.co.ke and Custometrix Ltd do not represent or guarantee the truthfulness, accuracy or reliability of any Submission or endorse or support any opinions expressed in any Submissions.
  • You understand, acknowledge and agree that we assume no responsibility for deletion of Submissions or any failure to store, receive or deliver Submissions in a timely manner or any other matter relating to Submissions.
  • We may (in our sole discretion) use automated and/or manual means of reviewing Submissions in order to prevent unauthorized content from appearing and being displayed on the Site. Ratemyservice.co.ke and Custometrix Ltd reserve the right to review, monitor, edit and/or screen any Submissions and to delete, remove, move, re-format, edit or reject, without notice to you, any Submissions that we deem, in our sole discretion, to be in violation of this Terms of Use or to be unacceptable to us, or for any reason or for no reason whatsoever; provided, however, that, we shall have no obligation or liability for failure to do so or for doing so in any particular manner.
  • You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion.
  • You further grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of this Terms of Use.
  • You acknowledge and agree that Submissions are non-confidential and non-proprietary.

Subscriptions

  • If you have registered as a business, you have the option of subscribing to specific tiers. Each tier has its own pricing plan and associated benefits and access to services.
  • Payments are collected through a third party provider through secure payment methods that are not owned by us.
  • Subscriptions are entered into on a yearly recurring basis (Term) and payments are deducted in advance. You agree to us holding your payment details and charging your registered payment method as agreed. You also agree to us requesting updated details from your payment provider should the details of your payment method change and to charge the updated payment method in the same way as the original payment method.
  • You agree to the recurring payment and payments shall be made to us by the method you have chosen, until the subscription is modified or terminated by you or by us.
  • We will notify you in the event we are unable to collect any payments. Failure to rectify this within ten (10) working days will suspend your account until the situation is resolved.
  • If you believe that we have charged you in error, you must contact us within thirty (30) days of such charge. No refunds will be given for any charges more than thirty (30) days old.
  • Following expiration of the Term, we may increase the fees for our services. Any changes to the fees will be communicated to you thirty (30) days in advance of the changes taking effect.
  • We will make the Site and the services relevant to your subscriptions available on as an "as is" and "as available" basis for the term of the subscription. We will endeavour to remedy any material failures within thirty (30) days of your written notice describing any material failures in meeting our obligations. If we are unable to remedy this, within this time, we will agree to compensate you up to the full value of the monthly payment for the month in question only.
  • We reserve the right to refuse a refund request if we reasonably believe (i) that you are trying to unfairly exploit us; (ii) if you are in breach of any of our policies or Terms of Use or (iii) if we reasonably suspect that you are using our Site and/or services fraudulently or that your user account is being used fraudulently by a third party.
  • We reserve the right to modify the Site and its features. Any major changes to the Site and its features will be displayed on the Site thirty (30) days in advance of the changes taking effect.
  • From time to time, we may need to perform maintenance on or upgrade the Site or the underlying infrastructure that enables you to use the Site. This may require us to temporarily suspend or limit your use of some or all of the Site services or features until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, we will publish the time and date of such suspension or limitation on the Site in advance. You will not be entitled to claim damages for such suspension or limitation of the use of the Site and its features.

Information privacy and security

  • Please click here to review our current Privacy Policy, which also governs your use of the Site.
  • You warrant that all information supplied by you on this Site is true, accurate, current and complete.
  • You will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
  • We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.
  • You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
  • You agree to ensure that your Device is maintained and free of malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, malware or other potentially harmful programs or other material or information. We cannot be held responsible for the effects of any third-party software including those on your Device.

Disclaimer and limitations of liability

  • This Site, and all Material, products and Submissions are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance that the Site will be available for use, or that all products, features, functions or operations will be available or perform as described.
  • Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, defects, faults, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Submissions and Material associated with your use of the Site.
  • The Material, Submissions, software, products, and services published on this Site may include inaccuracies or errors. ratemyservice.co.ke, Custometrix Ltd, its subsidiaries and corporate affiliates do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the service providers displayed on this Site.
  • This Site contains links to websites operated by third parties. We have no control over their individual content. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. The links are for your convenience only. We do not recommend any products or services advertised on those websites. If you access any third party websites from this Site, you do so at your own risk.
  • ratemyservice.co.ke, Custometrix Ltd make no representations about the suitability of the information, software, products, and services contained on this Site for any purpose, and the inclusion or offering of any products or services on this Site does not constitute any endorsement or recommendation of such products or services by us.
  • ratemyservice.co.ke, Custometrix Ltd disclaim all warranties and conditions that this Site, its servers or any email sent from ratemyservice.co.ke, Custometrix Ltd are free of viruses or other harmful components.
  • ratemyservice.co.ke, Custometrix Ltd hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
  • Service providers listed on this website are independent of and not agents or employees of ratemyservice.co.ke, Custometrix Ltd. ratemyservice.co.ke, Custometrix Ltd are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
  • In no event shall ratemyservice.co.ke, Custometrix Ltd (or their officers, directors and affiliates) be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Site or with the delay or inability to access, display or use this Site (including, but not limited to, your reliance upon reviews and opinions appearing on this Site; any computer viruses, information, software, linked sites, products, and services obtained through this Site; or otherwise arising out of the access to, display of or use of this Site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if ratemyservice.co.ke, Custometrix Ltd has been advised of the possibility of such damages.

Indemnification

  • You agree to indemnify, defend and hold the ratemyservice.co.ke, Custometrix Ltd, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Terms of Use by you, your use of the Site, the public posting or other permitted use of your Submissions, or your violation of any law or the rights of a third party.
  • Custometrix Ltd reserves the right to assume, at its sole expense, the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Custometrix Ltd in the defence of any such claim, action, settlement or compromise negotiations, as requested by Custometrix Ltd.

Governing law and jurisdiction

  • This Terms of Use and your use of the Site is governed by, construed and enforced in accordance with the laws of the Republic of Kenya.
  • You and Custometrix Ltd agree that any claim relating to this Site and this Terms of Use is subject to exclusive jurisdiction and venue in Nairobi, Republic of Kenya.