FIND A SERVICE TECH APPLICATION (FAST APP)

PLEASE READ AND UNDERSTAND THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE PROVIDED SERVICES

• The terms and conditions below govern the use and access by you of the Application, its content, services and/or products.
• FAST APP is operated and owned by a Limited Liability Company established in Kenya and registered under Company Number C.122888 based in Nairobi, Kenya.

Establishment of a Contractual Relationship

• These legal terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity and FAST and concerns your access to and use of the Services.
• By accessing the Services, you have read, understood and agreed to be bound by all these terms, which establish a contractual relationship between you and FAST. If you do not agree with all these terms, you may not access or use the services, and you must discontinue use immediately.
• Supplemental terms and conditions shall be deemed to be part of these terms and conditions and are hereby expressly incorporated by reference. FAST APP reserves the right to make changes or modifications to these legal terms from time to time. Supplemental terms and conditions shall prevail in the event of a conflict with respect to the Applicable services. Such supplemental terms shall be disclosed to you in connection with the Applicable services. It is your responsibility to periodically review these Legal terms to stay informed of any changes. Your continued access or use of the Services constitutes your Consent to be bound by the terms as amended.
• You must register and maintain an active personal account to use the Services. The Account Registration process requires that you submit to FAST APP certain personal data such as your name, address, mobile phone number, age and relevant payment method. You must maintain accurate, complete and up to date information on your Account. You are solely responsible for your account and agree to always maintain the security and secrecy of your username and password. Your failure to maintain accurate and complete up to date account information shall result in your inability to access and use the Services or termination of these terms with you.

You must have attained the age of majority (18 years). Persons under the age of 18 years are not permitted to use or register for the Services without the permission/consent and supervision of their adult parent or guardian.

The Services

• The Services are a technology platform that connects users with a host of independent third-party contractors of various services under Agreement with the APP. These independent third-party contractors are not employees of FAST APP.
• The Services are not available for use by persons under the age of 18 years unless under the supervision of an adult.

Intellectual Property Rights

• We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein.

Use of our Services and Restrictions

• You may not assign or otherwise transfer your Account to any other person or entity.
• You agree to comply with all applicable Laws when using the Services and you may only utilize the Services for Lawful Purposes.
• In your use of Services, you shall not cause nuisance, inconvenience or damage whether to the Third-Party provider or any other Party.
• In some instances, you may be asked for proof of identification to access the Services and may be denied access to the Services if you refuse to provide proof of identity.
• By creating an account, you agree that the Services may send you text messages (short message services) as part of the normal business operation of your use of Services.
• You may opt out of receiving text messages from the App at any time and acknowledge that opting out of receiving text messages may impact your use of the Services.
• Subject to your compliance with these Legal terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Services; and download or print a copy of any portion of the Content to which you have been authorized to access solely for your personal and non-commercial use.
• Except as set out in our legal terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without our express prior written consent.
• We reserve all rights not expressly granted to you in and to the Services, Content and Marks.
• Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

• The APP may permit you from time to time to submit, upload, publish or otherwise make available through the Services textual, audio, and/or visual content and information including commentary and feedback related to the Services, initiation of support requests. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services, you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

• The APP may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information  or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

• You understand that Contributions may be viewable by other users of the Services [and possibly through third-party websites.

• By posting any contributions  you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of or incorporate into other works your Contributions and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

• This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

• You are responsible for what you post or upload and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading.

• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or contribution;
• warrant that any such Submissions and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

• You are solely responsible for your Submissions and/or contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

• Although we have no obligation to monitor any contributions, we shall have the right to remove or edit any contributions at any time without notice if in our reasonable opinion we consider such contributions harmful or in breach of these Legal terms. If we remove or edit any such contributions, we may also suspend or disable your account and report you to the authorities.

Network Access and Devices

• It is your responsibility to obtain the data network access necessary to utilise the Services at your own Costs.
• You are responsible for acquiring and updating hardware and devices necessary to access and use the Services provided via the APP.
• The APP does not guarantee that the services shall function on any hardware or devices and the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

     The Services     

• While we make every effort to display as accurately as possible the Services available on the FAST APP, the Services are subject to availability and we cannot guarantee that a certain service will be available at a particular time. We reserve the right to discontinue any Service at any time and the prices for the Services are subject to changes and fluctuation.

Purchases And Payment

• We accept the following forms of payment:

• Cash (in Kenya Shillings); NO CASH PAYMENTS BUT INCLUDE BANK TRANSFER INSTEAD
• Mobile Money (MPESA and Airtel Money); and
• Credit/Debit Cards.

• You agree to provide current, complete, and accurate purchase and account information for all purchases made on the APP. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date (where applicable), so that we can complete your transactions and contact you as needed. All Applicable taxes shall be added to the price of purchases as required by Law.  We may change prices at any time. All payments shall be in Kenya Shillings.
• Payment made by you is final and non-refundable unless otherwise determined by FAST APP.
• All Charges are due with immediate effect and payment shall be facilitated using the preferred payment method as indicated in your Account, after which you will receive a receipt via email.
• FAST APP reserves the right to revise charges for any of the Services at its own discretion.
• FAST APP shall utilise all reasonable efforts to inform you of any charges that may be incurred under your Account.
• You may cancel your request for Services from a Third-Party Provider prior to the acceptance of the Third Party’s Provider of your request or arrival, in which case you may be charged a cancellation Fee.
• After receipt of Services, you will have an opportunity to rate your experience and leave feedback about your experience and Third Party Provider.

Prohibited Activities

• You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
• As a user of the Services on FAST APP, you agree not to:

• retrieve data or other content from the APP to create or compile a collection, compilation, database, or directory without written permission from us.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Attempt to impersonate another user or person or use the username of another user.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Harass, annoy, intimidate, or threaten any of the Third-Party providers engaged in providing any portion of the Services to you.
• Disparage, tarnish or otherwise harm FAST APP and/or the Services.
• Use the Services in a manner inconsistent with any applicable laws or regulations.

Guidelines For Reviews

• You may leave reviews or ratings.

• When posting a review, you must have firsthand experience with the person/entity being reviewed and  your reviews should not contain offensive profanity or abusive, racist, offensive or hateful language, should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability, should not contain references to illegal activity, should not be affiliated with competitors if posting negative reviews,  should not make any conclusions as to the legality of conduct, should not bear any false or misleading statements.    

• FAST APP reserves the right to accept or remove reviews at our sole discretion.

APP/Services Management

• We reserve the right, but not the obligation, to:

(1) monitor the Services for violations of these legal terms;

(2) take appropriate legal action against anyone who in our sole discretion violates the law or these legal terms, including without limitation, reporting such user to law enforcement authorities.

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of or disable (to the extent technologically feasible) any of your contributions or any portion thereof; and

(4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Privacy Policy

• We care about your data privacy and security.
• Please review our Privacy Policy: [Privacy Policy URL].
• By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms and is compliant with the Data Protection Act, 2019 of Kenya. Please be advised that the Services are hosted in Kenya.

Term And Termination

• These legal terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these legal terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these legal terms or of any applicable law or regulation.

Interruptions

• We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.
• We also reserve the right to modify or discontinue all or part of the Services without notice.
• We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
• We do not guarantee that the Services will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
• Nothing in these terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Governing Law

• These terms and your use of the Services are governed by and construed in accordance with the Laws of Kenya applicable to agreements made and to be entirely performed within Kenya.

Dispute Resolution

• Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these terms brought by either you or us, the Parties agree to first attempt to negotiate any dispute informally for at least fourteen (14) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

• If the Parties are unable to resolve a dispute through informal negotiations, the dispute shall be finally and exclusively resolved through binding arbitration. Any dispute arising out of or in connection with these terms and conditions shall be referred to and resolved finally by arbitration. The number of Arbitrators shall be three. The seat of arbitration shall be Nairobi, Kenya.

Disclaimer

• The services provided through FAST APP are on an as-available basis. You agree that your use of the services will be at your sole risk. FAST APP disclaims all warranties express or implied in connection with the services and your use thereof including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FAST APP makes no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites or mobile applications linked to the services and shall assume no liability or responsibility for any errors, mistakes, or inaccuracies of content and materials personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,  any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the services, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services.
• FAST APP does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the services and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of services. FAST APP cautions users of the APP to exercise best judgement and caution where appropriate.

Limitations Of Liability

• In No Event shall FAST APP be liable to you or any Third Party for Any Direct, Indirect, Consequential, Exemplary, Incidental, Special, Or Punitive Damages, Including lost profit, lost revenue, loss of data, or other Damages arising from your use of the Services.

Indemnification

• You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your contributions; (2) use of the Services; (3) breach of these legal terms; (4) any breach of your representations and warranties set forth in these terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate at your expense with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

• FAST APP shall maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Miscellaneous

• These terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and FAST APP. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. These terms operate to the fullest extent permissible by law. FAST APP may assign any or all of its rights and obligations at any time. FAST APP shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and FAST APP as a result of these terms or use of the Services. You agree that these terms will not be construed against us by virtue of having drafted them.

Contact Us

• In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

FAST APP

Email : findaservicetech@gmail.com

Tel: 0734999477