This terms of use agreement (this «agreement») is made between Heybazaar, located at Nairobi (hereinafter «Heybazaar.co.ke» or the «website») and the user of Heybazaar.co.ke («you» or «member») with respect to communications with other members and other online services provided by Heybazaar.co.ke (the «service»). By clicking «accept» or any other similar nature button on the registration forms, you indicate your acceptance of all the terms and conditions of this agreement and your registration on Heybazaar.co.ke websites.
If you do not agree with the terms and conditions of this agreement, do not click on «accept» or any other similar nature button, once the button is clicked you are bound by the terms of this agreement regardless of whether or not you register for the service. The terms and conditions of this agreement are subject to change by Heybazaar.co.ke at any time, effective upon notice to you, which notice shall be deemed to have been provided upon our posting of the current version of this agreement on the website.
Heybazaar.co.ke's privacy policy applies to use of this site, and its terms are made a part of this agreement by this reference. Additionally, by using the website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The terms of acceptable use policy for content posted on the website, and any notices regarding the websites are incorporated by reference into this agreement.
Eligibility. By registering on Heybazaar.co.ke, you represent and warrant that you are at least 18 years old. Membership in the service and registration on Heybazaar.co.ke is void where prohibited. By using Heybazaar.co.ke, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions of this agreement. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.

Term. This agreement will remain in full force and effect while you use Heybazaar.co.ke and/or are a member of Heybazaar.co.ke. You may terminate your membership at any time, for any reason, effective upon receipt of your written notice of termination by Heybazaar.co.ke customer support staff.
Heybazaar.co.ke may terminate your membership for any reason, with or without explanation, effective upon sending a notice to your email address provided at registration, or to any other email address provided by you to Heybazaar.co.ke. Upon termination by Heybazaar.co.ke without cause, you shall receive a refund, pro rata, of any paid fees that Heybazaar.co.ke has received from you. If your membership with Heybazaar.co.ke is terminated by reason of violation of this agreement, or at your request, you will not be entitled to, nor shall Heybazaar.co.ke be liable to you, for any refund of unused fees for using Heybazaar.co.ke or its additional services. Unused credits expire 365 days after their purchase date. Notwithstanding your membership being terminated, this agreement will remain in full effect.

Non-commercial use by members. Heybazaar.co.ke is for the personal use of individual members and/or registered non-members only and may not be used in connection with any commercial endeavors. Organizations, companies, businesses, and/or other entities may not become members and are not entitled to use the service or the website/ application for any purpose. Illegal and/or unauthorized use of the website/ application, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the website/ application will be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. You hereby grant, represent and warrant that you will not create any databases, websites, applications, software, legal entities and services competitive with Heybazaar.co.ke. You further guarantee and warrant that you will not use the website/application for any commercial purposes, and/or send or receive funds thorough the website/application, and/or create accounts with fake usernames. You further guarantee and warrant that you will not be paid for using the website/application and services, provided on the website/application. Such activity will be investigated, your membership may be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.

Proprietary rights in content. Heybazaar.co.ke owns licenses or otherwise retains all intellectual property rights in the website/ application and the service, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same of Heybazaar.co.ke and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Member agrees that Heybazaar.co.ke shall solely, exclusively and perpetually own all right, title and interest to the content posted by member on the website, and shall have the rights to distribute, license, sub-license, market, promote, exhibit and otherwise exploit all rights therein in perpetuity, throughout the universe, in all languages and in all media formats and by any and all means (whether now known or later developed), including without limitation, all forms of theatrical, non-theatrical, television, interactive multimedia, home video, internet and on-line, publishing (both electronic and non-electronic), radio, electronic databases, merchandising and commercial tie in rights and all other allied, subsidiary, derivative and ancillary rights in and in connection with same, whether now known or hereafter developed, with no further obligation or compensation to member.
Member hereby releases, discharges and agrees to save Heybazaar.co.ke harmless to the fullest extent member may lawfully do so, from any causes of action in law or equity member may have or may hereafter acquire against Heybazaar.co.ke or any of its affiliates for libel, slander, invasion of privacy, copyright or trademark violation, right of publicity, or false light arising out of or in connection with the utilization by Heybazaar.co.ke or its affiliates of the content.

Content posted at Heybazaar.co.ke:
You understand and agree that Heybazaar.co.ke may at its sole discretion store for review and delete any content, messages, photos, videos, audio and video calls or profiles (collectively, «content») that in the sole judgment of Heybazaar.co.ke violate this agreement or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other members or any third parties.

You are solely responsible for the content that you publish or display (hereinafter, «post») via the website/ application, or transmit to other members.

By posting content to any public area of the website/ application you automatically grant, represent and warrant that you have the right to grant to Heybazaar.co.ke an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of content that is illegal or prohibited on the website/ application. Heybazaar.co.ke reserves the right to investigate and take appropriate legal action at its sole discretion against anyone who violates this provision including without limitation removing the offending communication from the service and terminating the membership of such violators. Prohibited content includes, but is not limited to, content that:
Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Harasses or advocates harassment of another person;
Involves the transmission of «junk mail», «chain letters», or unsolicited mass mailing or «spamming»;
Promotes information that you know is defamatory, false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture installed copyright protected devices, or providing pirated music or links to pirated music files;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Publicly displays inappropriate content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity);
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without Heybazaar.co.ke prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

You must use the service in a manner consistent with any and all applicable laws and regulations.

You may not include in your profile any telephone numbers, street addresses, last names, urls or email addresses. You may not include in your correspondence with other members any urls, email addresses or telephone and fax numbers.

You may not engage in advertising to, or solicitation of, other members and/or registered non-members to buy or sell any products or services through the service. You may not transmit any chain letters or junk email to other members. Although Heybazaar.co.ke cannot monitor the conduct of its members off the website/ application, it is also a violation of these rules to use any information obtained from the service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. In order to protect its members from such advertising or solicitation, Heybazaar.co.ke reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which Heybazaar.co.ke deems appropriate in its sole discretion.

To ensure the quality of the service provided, your communication through the website/ application may be recorded.

Co-registration. By becoming a member, you agree that you might be registered on Heybazaar.co.ke partners websites/ applications. By using their services you agree with terms and conditions, privacy policy and other regulations, published on their websites/ applications.

Mobile services. By providing your mobile number you agree to receive various notifications from website including but not limited to: account verification, password recovery, marketing notifications, invite notifications, your contact list activities notifications.

Copyright policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the service in a way that constitutes copyright infringement, please supply Heybazaar.co.ke’s copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing on such copyright is located on the website/ application; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Member disputes. You are solely responsible for your interactions with other Heybazaar.co.ke members/registered non-members. Heybazaar.co.ke reserves the right, but has no obligation, to monitor disputes between you and other members/registered non-members.

Use of the website/ application and/or the service is also governed by Heybazaar.co.ke’s privacy policy.

Disclaimers. Heybazaar.co.ke provides the service on an «as is» basis and grants no warranties of any kind, expressed, implied or statutory, in any communication with its representatives, otherwise with respect to the service. Heybazaar.co.ke specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, Heybazaar.co.ke does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. Heybazaar.co.ke disclaims liability for, and no warranty is made with respect to, connectivity and availability. Although each member must agree to the agreement, Heybazaar.co.ke cannot guarantee that each member is at least the required minimum age, nor does it accept responsibility or liability for any content, communication or other use or access of the service by persons under the age of 18 in violation of this agreement. Also, it is possible that other members or users (including unauthorized users, or «hackers») may post or transmit offensive or obscene materials through the service and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the service. Those others may use your information for purposes other than what you intended. Heybazaar.co.ke is not responsible for the use of any personal information that you disclose on the service. Please carefully select the type of information that you post on the service or release to others. Heybazaar.co.ke disclaims all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users), whether such acts or omissions occur during the use of the service or otherwise. Heybazaar.co.ke is not responsible for any incorrect or inaccurate content posted on the website/ application or in connection with the service, whether caused by users of the website/ application, members or by any of the equipment or programming associated with or utilized in the service. Heybazaar.co.ke is not responsible for the conduct, whether online or offline, of any user of the website/ application or member of the service. Heybazaar.co.ke assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or member communications. Heybazaar.co.ke is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any websites/ applications or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the service. Under no circumstances will Heybazaar.co.ke be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the website/ application or the service, any content posted on the website/ application or transmitted to members/registered non-members, or any interactions between users of the website/ application, whether online or offline.

Suppliers. To provide the service, Heybazaar.co.ke may purchase services from various third parties (collectively, «suppliers»). The suppliers are independent contractors and are not agents, or employees of Heybazaar.co.ke. Heybazaar.co.ke is not responsible for the willful or negligent acts and/or omissions of any supplier or any of its respective employees, agents, servants or representatives including, without limitation, their failure to deliver services, or partial or inadequate delivery of services. According to terms of agreement with its suppliers, Heybazaar.co.ke is prohibited from rendering the suppliers’ contact information. Services provided by the suppliers include but are not limited to the following:
Suppliers provide full, accurate and legitimate information required for the registration of the members at Heybazaar.co.ke prior to their registration according to the terms of agreement.
Suppliers provide full, correct and quality translation of all correspondence of their members.
Suppliers provide additional services in accordance to the terms of their agreement with Heybazaar.co.ke.
Any additional services requested by Heybazaar.co.ke members, which fall into the suppliers’ scope of activity, but not defined by Heybazaar.co.ke terms of agreement with supplier, may be processed by suppliers, but are not automatically granted.
Provision of any services not listed in this article 12 is prohibited.
Heybazaar.co.ke is not in any way responsible for the quality of any additional services provided by the suppliers. The website/ application and the service are provided «as is» and Heybazaar.co.ke expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Heybazaar.co.ke cannot guarantee and does not promise any specific results from use of the website/ application and/or the service.

Members. Heybazaar.co.ke does not influence the relationships between members of the website/ application. Members may terminate their membership with Heybazaar.co.ke at any time. Deactivation of profiles of members of Heybazaar.co.ke is governed by the following:
In the event a member is no longer interested in the services, Heybazaar.co.ke customer support administrators shall review the correspondence between such member and other members with whom the member has been corresponding (the «correspondent») and shall have the right to make a decision, in their sole discretion, with respect to the issuance of refund back to the member. Notwithstanding the above, Heybazaar.co.ke customarily issues no more than 10 credits back to the correspondent for such a correspondent’s last letter to the deactivated member.

In the event a member had requested his/her profile to be deleted from Heybazaar.co.ke for unspecified personal reasons, the correspondent shall not have the right to receive any information with respect to the deletion of such a member’s profile, as it would be in violation of Heybazaar.co.ke’s privacy policy. Furthermore, the correspondent shall not be entitled to any refund with respect to his correspondence with such a member. Heybazaar.co.ke may, at its discretion, issue 10 credits back to correspondent’s account for correspondent’s last letter to the member, if this letter was the last one in their correspondence.

In the event, a member had found his/her match, and same is not the correspondent, the correspondent shall not be entitled to any refund with respect to this correspondence with such member.

In the event, a member had been reported for inappropriate activities, Heybazaar.co.ke may, at its sole and unfettered discretion, issue a partial refund to the correspondent, who had informed Heybazaar.co.ke of such member’s inappropriate activity by providing incontrovertible evidence of same.

In the event, a member is found on an anti-scam site, or in case we receive reliable proof of the member’s illegal activities from another member, such member’s profile may be deleted from the website/ application provided that Heybazaar.co.ke, in its sole and unfettered discretion, considers the supplied information substantial and irrefutable. Heybazaar.co.ke may issue a partial refund to the correspondent who provided such information.

Limitation of liability. Except in jurisdictions where such provisions are restricted, in no event will Heybazaar.co.ke be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the website/ application or the service, as well as damages for loss of date, loss of programs, cost of procurement of substitute services or service interruptions, even if Heybazaar.co.ke knows or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Heybazaar.co.ke’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Heybazaar.co.ke for the service during the term of membership.

Disputes. You acknowledge that the transactions involving your use of the website/ application and your purchase of products or services took place in Nairobi, Kenya. Any dispute or claim relating in any way to your visit to the website/ application or to products or services sold or distributed by Heybazaar.co.ke or through Heybazaar.co.ke will be resolved by binding arbitration under the LCIA rules, rather than in court. The number of arbitrators shall be three. The arbitration shall take place in Nairobi. The language to be used in the arbitral proceedings shall be English. The governing law of this agreement shall be the substantive law of Kenya.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. Arbitrators, however, can award you the same damages and relief, and must honor the same terms in this agreement, as a court would.
The LCIA’s rules are available at www.lcia.org/dispute_resolution_services/lcia-arbitration-rules-2014. Payment of all filing, administration and arbitrator fees will be governed by the LCIA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitrator may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You will attempt to resolve all disputes with respect to the services through communication with Heybazaar.co.ke’s customer service. If parties are unable to resolve the dispute, you must use the dispute resolution mechanism discussed above in this section. Please also note should you charge back any transactions billed to your account, Heybazaar.co.ke may be required to disclose any and/or all private communications sent/received by you through our service in order to prove the validity of the charges billed to your account and Heybazaar.co.ke's privacy policy will therefore not restrain any such disclosures.

Indemnity. You agree to indemnify and hold Heybazaar.co.ke, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the service in violation of this agreement, and/or any allegations that any content that you submit to Heybazaar.co.ke or transmit to the website/ application infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

Other. This agreement, accepted upon use of the website/ application and further affirmed by becoming a member and/or registered non-member of the service, contains the entire agreement between you and Heybazaar.co.ke regarding the use of the website/ application and/or the service. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect.