Terms and Conditions

TERMS & CONDITIONS

ACCEPTANCE OF THE TERMS

  1. These Terms of Use (Terms) constitute a binding and legal contract between Vyumba Limited (t/a Vyumba), its affiliates (together, ‘us’ or ‘we’), and you. Please read them carefully.
  2. Your use of our mobile app and website, as well as any service, content, and data available through these channels are governed by these Terms.
  3. Please also review our Privacy Statement on our website which are incorporated into these Terms by reference.
  4. We reserve the right, in our sole discretion, to make changes, or modifications to these Terms. When we do so, we will provide you with notice via the email you have used to access the mobile app and website, and via our webpage.

DISCLAIMERS, INDEMNITY AND LIMITATION OF LIABILITY

  1. Vyumba provides a platform known as ‘Inuua Tujenge’ that:
    1. for prospective self-builders of residential homes (Customer), allows them to access standardised building plans, bills of quantities, procure the services of project managers/supervisors, and to purchase building materials/supplies;
    2. for project managers (PMs), allows them to be engaged by self-builders of residential homes; and
    3. for suppliers of building materials (Supplier), allows them to supply self-builders of residential homes.

(the Platform).

The Platform also uses insights from the Customer’s progress to assist them to manage supply levels by prompting Suppliers to reach out to the Customer when supplies are estimated to be nearly depleted.

  1. While Vyumba requires Customers, Suppliers and PMs to provide basic Know-Your-Customer information such as their licences (where applicable), incorporation documents, and identification details, it does not provide any warranties as to the capacity or regulatory compliance status of any of its users. You are therefore required to undertake your own due diligence as to the entities you engage through the Platform.
  2. Vyumba simply provides Platform for the Customers to engage the PMs and Suppliers. It therefore does not make any warranties as to the products supplied by the Suppliers, and the services rendered by the PMs through its Platform.
  3. Vyumba has no control over, and does not guarantee the existence, quality, or safety of the products sold by Suppliers through its platform. Vyumba also has no control over, and does not guarantee Customers’ ability to pay for Suppliers’ products or PMs’ service fee, or that any user will complete a transaction.
  4. While Vyumba, through the Platform, provides access to plans, bills of quantities, cost estimates, and project management timelines and information (together, Building Information), the Building Information is not professional advice and Vyumba does not make any guarantees as to the accuracy of any Business Information and encourages Customers to independently verify all Building Information obtained through the Platform. Vyumba is also not responsible for any advice or guidance provided directly to the Customers by PMs.
  5. You hereby agree to indemnify and hold Vyumba, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and legal fees, made by any third party due to or arising out of:
  6. your use of the Platform;
  7. your User Information (as defined below);
  8. your violation of any representation, warranty, covenant, or obligation stipulated in these Terms;
  9. your violation of any applicable law, industry-standards, regulation, guideline, rule; and
  10. any transaction entered into by you, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.
  11. In no event shall we (and our affiliates) be liable to you, or any third party for any lost profit, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these Terms or your use of or inability to use the Platform or third-party content, even if we have been advised of the possibility of such damages. Access to, and use of, the Platform, and third-party content, are at your own discretion and risk, and you will be solely responsible for any damage to your computing system or loss of data resulting therefrom.
  12. Notwithstanding anything to the contrary contained herein, you agree that the aggregate liability of Vyumba to you for any and all claims arising from the use of the Platform is limited to the lesser of the amounts you have paid, if any, to us during the three (3) month period prior to any cause of action arising or KES 100,000.

REGISTRATION

  1. In order to access the Platform, you will need to register an account and provide us with the information we request.
  2. In opening an account for a corporate entity, you warrant to Vyumba that you are its duly authorised representative.
  3. You can only register one account. You are solely responsible for safeguarding your login credentials and are fully responsible and liable for any activity performed using your credentials.
  4. We reserve the right to suspend or terminate your account, or your access to the Platform, with or without notice to you, in the event you breach these Terms.
  5. You agree to immediately notify us of any unauthorised use, or suspected use of your account or any other breach of security. Vyumba cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

INTELLECTUAL PROPERTY

  1. Information you submit to us as part of your registration, and any data, text, pictures, and other materials that you may submit or post on our platforms (User Information) remain your intellectual property, and Vyumba does not claim any ownership of the copyright or other proprietary intellectual property rights in such User Information. Notwithstanding this, you agree that Vyumba may retain copies of the User Information as reasonably necessary for or incidental to its operation of the Platform and as described in these Terms and the Privacy Statement.
  2. You hereby grant Vyumba the non-exclusive, worldwide, transferable, perpetual, irrevocable right to copy, modify, adapt, store, publish, distribute, publicly display, and perform, communicate, and make available to the public User Information in connection with the Platform, including to use and make User Information public on the affiliated website or mobile app, as well as for Vyumba’s marketing, advertising, and other purposes.
  3. Materials on Vyumba’s mobile app and website, other than those posted by its users, including but not limited to texts, software, scripts, graphics, photos, sounds, videos, interactive functions, etc. (Content) and trademarks, service marks and logos included in it (Marks) belong to or are licensed by Vyumba representing items of copyright and of any other intellectual property rights. Any use of such Content and Marks without prior notice of Vyumba is not allowed.
  4. If you are a holder of intellectual property rights or a person authorised to act in the name of a holder of intellectual property rights, and you reasonably believe that information posted to Vyumba’s website or mobile app infringes your intellectual property rights or that of the person you act for, you may provide notification to Vyumba requesting the deletion of such material. In this regard, you warrant that your request has a legal basis, and you act in good faith in accordance with the law. When making such a request, you shall ensure that you provide:
  5. proof of authorisation to act on behalf of the owner of the intellectual property rights;
  6. details of the intellectual property infringed on (including, where applicable, registration details)., and the infringing information;
  7. details of the statute breached through the infringing content;
  8. contact details to allow Vyumba to reach out to you;
  9. a duly executed indemnity indemnifying Vyumba against any third-party claims in connection with the deletion of the materials; and
  10. an oath in the form of an affidavit that the information provided is true, and that the owner of the intellectual property has duly authorised the notification.
  11. The notice in (d) above shall be sent to [insert general email]

THE SERVICE

  1. Vyumba is not an importer, distributor, or seller of any products marketed on its website and mobile app by its Suppliers.
  2. Vyumba is not a registered firm of architects and does not purport to be. It simply, through the Platform, enables Customers to access building plans prepared by registered architects. It does not make any warranties as to the plans.
  3. Further, Vyumba is neither a marketer nor a person acting on any user’s behalf with respect to the marketing of any goods or services posted on its website and mobile app by Suppliers and PMs. The actual sale and purchase contracts or services contracts are entered into directly between the users, and Vyumba itself is not a party to such transactions.
  4. Each user shall be solely responsible to collect and remit any applicable taxes resulting from the sale of their products.
  5. Vyumba reserves the right to delete or block access to users without notice in the event of:
    1. Vyumba receiving a mandatory court or regulatory order to do so;
    2. infringement of any laws or regulations; or
    3. breach of these Terms.
  6. Vyumba reserves the right to implement any changes to the Platform at any time, with or without prior notice. You acknowledge that a variety of Vyumba’s actions may impair or prevent you from accessing the Platforms at certain times and/or in the same way, for limited periods or permanently, and agree that Vyumba has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
  7. You acknowledge that your interactions with other Platform users are solely between you and such user. You agree that Vyumba will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
  8. The Platform may contain links to third-party websites or resources and advertisements for third parties. Such third-party content are not under our control and we are not responsible for them. Vyumba does not review, approve, monitor, endorse, warrant, or make any representations with respect to such third-party content. You acknowledge sole responsibility for and assume all risk arising from your use of any such online properties. When you link to third-party online properties, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern.
  9. You hereby release us, our officers, employees, agents, and successors in title from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any Platform users or any third-party content.

FEES

  1. Accessing Vyumba’s platform (through its mobile app and website) is generally free, but it may contain payable services such as accessing the building plans.

GOVERNING LAW

  1. These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of the Republic of Kenya.
  2. Each user irrevocably agrees that the courts of the Republic of Kenya shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
  3. Any dispute, controversy or claim arising out of or relating to this contract, including its conclusion, interpretation, performance, breach, termination or invalidity, shall be settled through amicable negotiations between the user and Vyumba.
  4. Should the parties not resolve the above dispute within 30 days of such negotiations, the parties shall refer the matter to mediation in accordance with the Nairobi Centre for International Arbitration (Mediation) Rules, 2015. The mediator shall be appointed by mutual agreement between the parties or, in default of such agreement within 5 days of the notification of a dispute, upon the application of either party, by the Registrar of the Nairobi Centre for International Arbitration in accordance with the Nairobi Centre for International Arbitration (Mediation) Rules, 2015. The mediation shall take place in Nairobi.

GENERAL

  1. Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason, unenforceable, such provision shall be struck out and shall not affect validity and enforceability of the remaining provisions.
  2. We may transfer and assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such transfer or assignment.