Terms and conditions
Welcome to Braiding Nairobi - the app! Before you get started, please take a moment to review our Terms and Conditions, which outline the rules and guidelines for both braiders and clients. Your use of our platform is subject to these terms to ensure a safe and enjoyable experience for everyone.
- At this time we are not onboarding individual braiders.
- We expect salons to bring two braiders to all house calls.
- Off app communication is strictly forbidden and will result in the immediate removal of your profile. This is to ensure the safety of both the braiders and the clients.
These general terms of use and contracting (hereinafter, the “General Terms”) apply to the website of From the Ndeza Collective: Braiding Nairobi (hereinafter, “Braiding Nairobi”), whose domain is https://www.braidingnairobi.com/, and to its related mobile application as well as to all its related sites or sites linked from https://braidingnairobi.com by Ndeza Collective Ltd. Ndeza Collective Ltd hereby make and own the site and mobile application (hereinafter, the “APP”) available to users (hereinafter, the “User” or “Users”).
In accordance with the provisions of the applicable legislation, the following identification details of the site owner are provided below:
Company Name: Ndeza Collective Ltd
Registered Address: Purple Haze Apartments, Dennis Pritt Road, Kitale Lane, Kilimani, Nairobi County.
Registration Number: PVT-KAUZP77D
Tax Identification Number: P052204929Z
Index
1. Object
2. User Access and Registration
3. Operation of the Service & Service Models
4. Economic Conditions
5. Cancellation of Orders and Right of Withdrawal
6. Policy on the Delivery of Restricted Items
7. Content moderation and/or alteration
8. Solidarity at Braiding Nairobi
9. Geolocation
10. Responsibilities and Warranties
11. Updates and Changes to the APP
12. Intellectual Property
13. Severability
14. Applicable Law
15. Customer Support and Alternative Dispute Resolution
1. Object
Braiding Nairobi, a project by the Ndeza Collective Ltd, connects local customers (“Users”) with hair braiding services in Nairobi. Braiding Nairobi is a platform for intermediation in the contracting of “on demand” services by electronic means. Its aim is to make it easier for any persons requiring hair braiding services to request hair braiding services directly to their locations in real-time through the APP.
In all cases, Braiding Nairobi role is that of a mere intermediary and, therefore, its sole responsibility and task is to manage the APP that facilitates the contact between User and Braider, and coordination of services. Braiding Nairobi is in no way responsible for the products and or services offered through the APP, or the performance of any service or
delivery requested through the APP, all in accordance with Section 11 on Responsibilities and Warranties.
By accessing the Site and/or the APP and voluntarily creating a profile, all Users and Braiders acknowledge and expressly and unambiguously agree to these General Terms, as well as to the Privacy Policy available online. Any User and/or Braider who does not agree with the said General Terms and/or Policies shall refrain from using them.
2. User Access and Registration:
2.1 Basic requirements for Registration
In order to be a Braider or User of the APP, it is essential that you meet the following requirements:
● Users must be at least 18 years of age.
● Users must truthfully complete the mandatory fields of the registration form requesting personal details such as the User’s name, e-mail address, telephone number and bank card number.
● Users must carefully read these General Terms when accessing the APP. Further, acceptance of the General Terms is an essential step to be taken before registration. ● Users must agree to the Privacy and Data Protection Policy.
● Users must agree to the Cookie Policy.
● Braiders must be a salons, no individual braiders at this time.
Once all requirements are fulfilled and registration on the APP is completed, Braiding Nairobi will provide the User with the registration confirmation, together with any other information necessary in accordance with the law applicable.
All Users who may be classified under the applicable law as “consumers” benefit and are protected by all relevant consumer protection laws and regulations when using the APP.
2.2 Users’ Profile and responsibilities
When registering on the APP, Users and Braiders must choose a username and password. Both the username and the password are strictly confidential, personal, and non-transferable. In order to increase the security of accounts, Braiding Nairobi recommends that Users do not use the same login credentials as on other platforms. In any case, Braiding Nairobi does not guarantee the security of the account or profile.
In order to complete their registration on the APP, Users must provide certain details, such as: username, e-mail address, telephone number and bank card details, among others. Once they have completed the registration process, all Users will be able to access, complete and edit their profile as they deem appropriate. Braiding Nairobi does not store users’ payment data, which shall be processed and stored by the payment service provider as described in
these General Terms and in the Privacy Policy.
Users and Braiders warrant that all the information regarding their identity and capacity provided to Braiding Nairobi during the registration process for the APP is true, accurate and complete. In addition, Users and Braiders undertake to keep their details up to date. If a User or Braider provides any false, inaccurate, or incomplete information or if Braiding Nairobi
considers that there are well founded reasons to doubt the truthfulness, accuracy or integrity of such information, Braiding Nairobi may deny that User or Braider current or future access to, and use of, the APP or any of its contents and/or services.
Users and Braiders undertake not to disclose the details of their account or allow access thereto to third parties. Users and Braiders shall be solely responsible for any use of such details or of the services of the Site that may be made by third parties, including the statements and/or contents entered on the APP, or for any other action carried out under their username and/or password. Braiding Nairobi cannot guarantee the identity of registered Users and Braiders, and it will therefore not be liable for the use by unregistered third parties of a registered User’s or Braider’s identity. Users and Braiders undertake to inform Braiding Nairobi immediately, using the communication channels made available by Braiding Nairobi, if their credentials are stolen, disclosed, or lost.
2.3 User’s obligations and responsibilities
Users and Braiders are fully responsible for the proper use of, and access to, their profile and other APP contents in accordance with the current legislation, be it national or international, of the Country from which they are using the APP, as well as with the principles of good faith, morals, generally accepted customs, and public order. Specifically, they undertake to diligently comply with these General Terms of Use.
Users and Braiders are the sole owners of the content entered by them on the APP. Braiding Nairobi may not be deemed to have editorial responsibility, and it expressly states that it does not identify with any opinions that may be issued by Users of the APP, whose consequences shall be the sole responsibility of their issuers.
Users and Braiders shall refrain from using their profile and other APP contents for illegal purposes or with illegal results that harm third-party rights and interests or that may in any way damage, disable, affect, or impair the APP and its contents and services. In addition, they are prohibited from hindering other Users’ normal use or enjoyment of the APP.
Any persons who breach the above obligations shall be liable for any loss or damage caused by them. Braiding Nairobi will accept no liability for any consequences, loss or damage that may arise from such illegal use or access by third parties.
In general, Users and Braiders undertake, by way of example without limitation:
a) To refrain from altering or modifying the APP, in full or in part, by bypassing, disabling or in any other way tampering with, its functions or services;
b) To refrain from infringing industrial and intellectual property rights or the personal data protection legislation;
c) To refrain from using the APP to insult, defame, intimidate, or harass other Users or attack their image;
d) To refrain from accessing other Users’ email accounts;
e) To refrain from introducing computer viruses, corrupted files or any other software that may cause damage or alterations to Braiding Nairobi’s or third parties’ contents or systems;
f) To refrain from sending mass and/or recurring emails to a number of people, or from sending third parties’ e-mail addresses without their consent;
g) To refrain from advertising goods or services without Braiding Nairobi’s prior consent.
Any User may report another User if he/she believes that the latter is in breach of these General Terms. Similarly, any User may inform Braiding Nairobi of any abuse or infringement of these terms using the contact details provided in the APP or through the Help Section of the APP. Braiding Nairobi will check such reports as soon as possible and will take any steps that it may deem appropriate, reserving the right to remove and/or suspend any User from the APP for breach of these General Terms. Furthermore, Braiding Nairobi reserves the right to remove and/or suspend any message with illegal or offensive content without the need for a prior warning or subsequent notification.
2.4 User reviews
Braiding Nairobi may collect reviews of Users relating to certain Braiders and/or the products or services offered by them. Braiding Nairobi reserves the right to publish the said reviews in the APP and make them available for any other User, identifying them by the first name of the User who has left the review, all in accordance with Braiding Nairobi’s Privacy Policy.
The Users will be asked through the APP to provide the said review, only in the case that they have placed an order via the APP to the relevant Braider. The provision will, nevertheless, be completely voluntary for the User who may or may not submit it. By submitting a review, the User accepts its collection and publication, if that is the case, by Braiding Nairobi.
Length of the reviews may be limited by a certain number of characters. In addition, the User commits to leave relevant reviews only, and which are in no way offensive, abusive, untrue, discriminatory, etc either for the Braider or for any other User. Braiding Nairobi reserves the right to filter the reviews according to section 8 of these General Terms and to remove any review that is not compliant with these General Terms or that may be considered offensive or contrary to the law and public order.
2.5 Credit Card Theft or Appropriation
Since Braiding Nairobi cannot guarantee the identity of registered Users, Users are under an obligation to inform Braiding Nairobi if they have evidence that the credit card associated with their Braiding Nairobi profile has been stolen and/or is being fraudulently used by a third party. Braiding Nairobi, together with payment service provider, will make its best efforts to block further payments when duly informed by the User; however, Braiding Nairobi will not be liable for any fraudulent use thereof that may be made by third parties on the User’s account and is neither obliged to make any investigation on the fraudulent use of the Users’ payment methods by third parties nor to block any suspect transaction.
Braiding Nairobi suggests that Users report any theft, robbery, or suspected misuse of their credit card to the police. If necessary, Braiding Nairobi undertakes to assist Users and cooperate with the competent authorities as may be necessary to provide reliable evidence of the wrongly applied charge.
In the event of fraud, Braiding Nairobi reserves the right to take any appropriate action if it has been detrimentally affected by the misuse of the APP.
2.6 De-registration and cancellation of Users’ accounts
Users and Braiders may voluntarily deregister from the APP using the Help Section of the APP.
In addition, Braiding Nairobi reserves the right to suspend and/or cancel any Users’ accounts in the APP in the case that it takes notice that it has stopped complying with all basic requirements for registration as well as in case of reasonable suspicion of fraudulent or illicit use, including the use of the User account in a manner which is contrary to these General Terms.
3. Operation of the Service
Braiding Nairobi, as a technology Platform allows Users who are duly registered in the APP to place orders for braiding and hairstyling services directly from the Braiders and, ancillary request the subsequent delivery of such services to the address established by the User or to
choose to meet at the Braider’s salon through the IN-STORE or AT-HOME options (hereinafter, the “Braiders model”), provided that they are within the territory in which Braiding Nairobi operates.
3.1 The Braiders model.
Through the Braiders model the Users have access to the marketplace available in the APP and may acquire the services therein offered by those Braiders who have duly registered with Braiding Nairobi. Additionally, the User may request via the APP the delivery of the acquired services by any Braider available and who accepts the order to any address within the area covered by the relevant Braider.
The User is aware, and accepts, that the descriptions and, where applicable, the prices or photographs of the services available on the APP, are provided based on the information and documents supplied by the Braiders, and that Braiding Nairobi is, therefore, unable to provide any guarantees against any possible inaccuracies in such descriptions, prices and/or photographs. Braiding Nairobi reserves the right to withdraw any services from its APP, as well as to modify the contents of its information sheet at any time, without thereby incurring any liability of any kind.
The User accepts that Braiding Nairobi is, in no way responsible, for the quality and/or characteristics of the services offered by the Braiders, who are professionals dedicated to the provision of the products or services offered through the APP. The Braiders are, similarly, responsible for the obtention of any licence or permit that may be legally required for the provision and offer of the said services, and, by offering them through the APP, the Braiders declare to have duly obtained them.
IN-STORE and AT-HOME Appointments
Users have the option of ordering, through the IN-STORE and/or AT-HOME option(s), a selection offered by a host of Braiders. These options enable Users to physically attend the Braiders salons/establishments themselves or request that the services be carried out in the User’s home. These options will only be available through those establishments for which this option has been enabled and, in the countries, selected by Braiding Nairobi. Furthermore,
such services will only be available to private individuals, and only for their own private use. They may in no event be offered for commercial use.
Braiding Nairobi may enable, disable and/ or include new features relating to the IN-STORE and AT-HOME options unilaterally at any time by giving prior notice to Users, if and as required by the applicable law. Once the changes have been published in these General Terms, they will apply to all those Users.
Without prejudice to the additional application of these General Terms to all matters not expressly envisaged in this section, the IN-STORE and AT-HOME services may only be used if the specific provisions set forth in this section are fulfilled.
A) IN-STORE Appointment
Where so enabled for IN-STORE appointment in the application, Users may make appointments directly from those salons that have chosen to include this option and attend hair styling appointments at the salon.
How does the IN-STORE service work?
To use the IN-STORE service, Users can through the APP book an appointment with a certain Braider to attend the salon for the chosen hair styling services.
Once the appointment has been confirmed in accordance with the payment method enabled for this purpose, reservation details will be supplied to the User, this must be shown to the staff of the Braider on the day of the appointment.
Cancellations must be made at least 24hrs prior to the scheduled appointment time for both the User and Braider.
Where the User is 15 mins late for their appointment at the Braiders’ salon, the appointment is cancelled and the right to book another person in this time slot reverts back to the Braider.
B) AT-HOME Appointment
Where so enabled for AT-HOME orders in the APP, Users may make their appointment directly through the APP to those Braiders’ establishments that have chosen to include this option and receive ordered service at their home at the time requested.
How does the AT-HOME service work?
In order to use the AT-HOME option, Users must select this option on the APP for the Braiders for which it is available, together with the services that they wish to obtain from those Braiders and confirm the appointment on the APP itself.
Users will be required to pay for the service upfront to Braiding Nairobi’s Paybill number prior to the Braiders being dispatched to the User’s location. Braiding Nairobi will, then, hold the service fee until completion of the service. The Braider will confirm completion of the service on the APP, and the service fee will immediately be released to them.
Once the appointment has been confirmed in accordance with the payment method enabled for this purpose, appointment details will be provided to the User and Braider, and the Braider must show this information to the User upon arrival the User’s home.
Transport:
● The price of appointments placed through the AT-HOME option will not include transport fees. Transport fees and method payment will be communicated to the User on the day of the appointment.
● Where the Braider is attending an appointment at a User’s location, the responsibility surrounding transport requirements will rest fully with the Braider who is the only one in the position to make appropriate arrangements and to resolve any incident.
● In these cases, in case of any delay and/or issue relating to the transport to scheduled appointments, the User and Braider shall contact each other directly.
Any change or variation to the service shall be reported by the Braider for the User’s approval before carrying out the service. If the User wishes to make any comments regarding the service provided, they will always be able to directly contact the Braider who is carrying out the mandate.
Once the mandate has been completed, if the request includes the purchase of a product, the Mandatary shall give the User the paper receipt for such product and/or service issued at the moment of the purchase by the seller of the product and/or service requested by the User. All this without prejudice to the detailed information for the service that will be received by the User at the e-mail address associated with his/her account.
3.2 General provisions.
The services made available to Users through the APP, will be carried out only in case the following conditions are met:
● The service requested by the User must be carried out during the scheduled appointment time.
● The services ordered must be in one of the cities, and within the available area, in which Braiding Nairobi operates.
● The destination must be located in the same city area as the Braiders. ● Braiders MUST dispatch two (2) individuals to each appointment.
● Braiders must not accept a User’s appointment request if unable to immediately dispatch staff to fulfil the order.
● Where the User books an appointment in advance, and the Braider accepts the same, and either the User or Braider is no longer able to attend the appointment at the scheduled time, the cancelling party must issue a cancellation notice to the User, no less than three (3) hours before the scheduled appointment.
● Where either the Braider or User fails to provide the required cancelation notice, they forfeit the entirety of the Braiding fee. Depending on the offending party, the entire fee will either be returned to the User or released to the Braider.
● Braiders must bring their own braiding supplies (comb, blow dryer, etc.) based on the services and add-ons requested.
● Braiders are expected to communicate with the User prior to the scheduled appointment regarding the purchase or supply of hair IF it’s not included in the original price.
● Braiders should follow all safety protocols, including wearing masks when asked and using hand sanitizer.
Similarly, Users must provide all the information, in as much detail as possible, about the service they wish to carry out. To do this, they may provide any comments they may deem useful to the Braider. The User releases Braiding Nairobi and the Braiders from any liability derived from negligence or error in the indications given by the User. As a result of the foregoing, the cost resulting from providing an incorrect address for service as well as incorrect indications regarding the services to be performed, shall be borne by the User.
If upon the Braider’s arrival, the User does not answer the phone, the Braider shall wait 10 minutes before leaving and cancelling the order. Additionally, the User must bear 100% of the cost of transport to their location and return trip back to the Braiders’ salon. Where a product to be used during the requested appointment spoils due to lack of use, the User will be responsible for payment for such product in full.
Where the requested service is completed, and the User fails to raise any concerns with the Braider prior to the Braider confirming completion of service on the APP and thus subsequently being paid, the same will be considered as acceptance of the service. In case the service was incorrectly performed, the User shall contact Braiding Nairobi through the Help Section immediately.
4. Economic Conditions
4.1 Prices of the Services provided through the APP
Users can register on the APP free of charge; nevertheless, the free character of the registration in the APP is subject to review by Braiding Nairobi at any time. In any case, Users may have to pay for certain services on the APP as provided in these General Terms. Braiding Nairobi reserves the right to change the prices on the APP at any time, by informing the Users as and if required by the applicable laws. Such changes shall take effect immediately after publication.
Braiding Nairobi will charge the User a 20% service fee for use in the continuous improvement of our overall services, the provision of a wider selection of Braiders, and the continuous improvement of our user experience, among others. The amount of the service fee can be fixed or variable according to the value of the products and services. Braiding Nairobi sets the service and makes it visible to Users at the moment of the checkout of every order. This service fee will be charged against the credit card/ payment method that the User has selected for the payment of the order.
In addition, the fee may include tips for the Braiders, whose amount shall be solely and entirely at the User’s discretion; therefore, it will be solely the User who will decide on whether to tip and on the tipping amount. In any case, Braiding Nairobi may offer the possibility to Users to remember the tipping option selected; in the case that the User consents to the saving of their preferences on tipping, these preferences will be automatically applied in all future orders. The User will have the faculty to change the selected preferences at any time. The User is permitted to tip the Braider directly in person. However, Braiding Nairobi takes no responsibility for any transactions entered into outside of the App.
4.2 Price of the Services offered on the APP
The prices applicable to each service offered in the APP are established by the Braiders and are set solely and freely by the latter. Braiding Nairobi makes its best efforts to ensure that the prices in the APP are updated and duly reflect the real price that would be applied by the Braiders in person. However, this is essentially beyond Braiding Nairobi’s control, and the price indicated by the Braiders in the APP may vary. In such a case, the Braiders shall be solely responsible for the variation of the price and the User must contact the Braiders for any claim that may correspond. The purchase requested via the APP will be continued in the case of price variations of up to 30%. If the variation is greater than the said 30%, the User will be contacted to inform him/her of the situation and share the available options. In any case, the User may contact the Braiders to confirm the final price of the services ordered.
The Braiders are free to set a disclaimer on the services they offer through the APP, ensuring that the prices displayed in the APP correspond to those available at their own premises. In this case, the Braiders remain responsible for any variation, change, and/or errors that such prices may experience. Braiding Nairobi does not intervene in any way in the setting of the disclaimer.
All the prices stated on the APP are inclusive of any taxes that may be applicable based on the territory from which the User operates and shall, in any event, be denominated in the currency in force in the territory from which the User operates.
The User acknowledges that prices of the services indicated by the Braiders in the APP may not always include the price of transport, which may be charged separately to the User.
4.3 Billing
By registering through the APP and providing the required bank details, Users expressly authorizes Braiding Nairobi to issue receipts for payment of the services requested, including the service fee following provisions of services.
The User expressly authorizes Braiding Nairobi to send them by electronic means, to the e mail address provided by the User during the registration process, receipts for the services contracted and/or the bills generated either by the use of the APP or by the services provided by the Braiders. If an invoice is required, the User must enter the relevant tax data on the APP before placing the order.
4.4 Payment Platforms
Payment of the price of services properly made to Braiding Nairobi by Users will discharge their obligation to pay the said price to the associated Braiders, for the services provided. Braiding Nairobi does not act on behalf of Users and none of the authorizations provided in this document should be deemed as a mandate given to Braiding Nairobi.
Braiding Nairobi issues receipt of payments to Users acting as an agent (for collection of payments) on behalf of associated Braiders through an Electronic Money Institution. Electronic Money Institutions (hereinafter, “Payment Platforms”) are responsible for the obtention of any necessary authorisation or licence to provide, directly or indirectly, regulated payment services in the territories in which Braiding Nairobi operates and for being in compliance with the current legislation applicable to the payment services provided. Therefore, Braiding Nairobi will accept no liability for the lack of authorisation or licence or
the breach of any applicable regulation; on the contrary, the sole and exclusive liability will lay with the Payment Platform.
Braiding Nairobi reserves the right, as a fraud prevention measure, to request a payment pre authorization for the products ordered through the APP, always through the Payment Platform and for the sole purpose of verifying the means of payment provided and ensuring the correct functioning and use of the APP by the Users. Such pre-authorisation shall in no event involve payment of the full amount of the order, as this will be done solely and exclusively after the products have been made available to the User, or for the reasons outlined in these General Terms.
If a User has any issues with the payment via the Payment Platform made available in the APP, the User may contact Braiding Nairobi’s User assistance service through the Help Section in the APP. Braiding Nairobi will make its best efforts to provide a solution to the issue and to liaise with the Payment Platform to the extent possible; be that as it may, Braiding Nairobi is not responsible for any such issue that falls within the activity and responsibility of either the Payment Platforms or the User’s bank or assimilated financial institution.
4.5 Payment methods
The User must make payments for services via Braiding Nairobi’s Paybill number prior to the dispatch of Braiders for AT-HOME appointments, and the scheduled appointment time for IN-STORE appointments.
When making the order, the User will be informed of the various payment options available in the territory from which the service is being requested.
In order to pay with a credit card, the User must provide the card details through the APP as a payment method associated with his/her account. Ndeza Collective Ltd does not store card numbers on its servers and can only view the last four digits of the card. The full information shall be stored on the servers of the Payment Platform through which payments are made.
If it is not possible to complete a charge using the selected payment method, the User authorises Braiding Nairobi to charge the applicable fee to any other credit or debit card that the User has already registered to his/her account.
If payment for the service can for any reason not be taken from the User, the User’s account shall be blocked until the situation has been rectified and the debt has been settled.
4.6 Refunds
Refunds will be provided where a party cancels within the requisite time frame or where an issue has been raised regarding the provision of services and the same has been deemed accepted by Braiding Nairobi customer service.
Refunds will be issued within 5-7 business days.
4.7 Promotional Codes and/or Other Offers or Discounts
Braiding Nairobi may unilaterally provide at any time credits for use within the APP, discounts, or promotions, to certain Users (hereinafter, the “Discounts and/or Promotions”).
Any of these discounts and promotions may unilaterally be cancelled at any time by Braiding Nairobi.
The User acknowledges and accepts that any Discounts or Promotions granted must be used only within the validity period established by Braiding Nairobi for each Discount and/or Promotion. If no validity period is specified by Braiding Nairobi at the moment of communicating and/or granting such Discount or Promotion, the validity period applicable by default will be of six (6) months from the date on which they were made available to the User. Any other validity period set by Braiding Nairobi at the moment of communicating or granting the said Discount and/or Promotion will prevail over the six (6) months default validity period stated above.
Discount and/or Promotions granted to Users must be correctly entered in the APP by the User before placing the order. Otherwise, they will not take effect and the User will be unable to enjoy them. The User is responsible for making sure that the Discount and/or Promotion is applicable for the specific services requested through the APP and that the Discount or Promotion is still valid and fully effective.
The User acknowledges that Discounts and/or Promotions may experience a delay in its application from the moment in which these are communicated and/or granted to the User. In particular, among others, the Discounts and/ or Promotions offered by Braiding Nairobi for first Users or first orders in the APP may take between 24 and 72 hours from the time of the creation of the User account to be available. If this delay in application exceeds 72 hours, the User can use the Help Section to contact Braiding Nairobi’s User Support.
The User acknowledges and accepts that all Discounts and/or Promotions are valid only once per User and, therefore, may be restricted based on various characteristics such as device, credit/debit card, email address, phone number or user ID, save expressly provided otherwise by Braiding Nairobi in reference to the specific Discount and/or Promotion.
In any case, Braiding Nairobi reserves the right to unilaterally cancel and withdraw any Discount and Promotion either offered or already granted if it becomes aware of a fraudulent use thereof (such as, among others, a promotional code being redeemed by someone who is not its legitimate recipient, the mass communication of codes or the sale of codes or discounts). Furthermore, it reserves the right to apply sanctions to Users for the amount for which Braiding Nairobi has been defrauded as well as for the suspension and/or cancellation of User’s Braiding Nairobi account.
Braiding Nairobi will accept no liability if, due to an event of force majeure or other events beyond its control or whose need is justified, it is forced to cancel, shorten, extend, or amend the conditions of Discounts and Promotions. In particular, Braiding Nairobi will accept no liability if the website is not available at any time during Discounts and Promotions or for a malfunction in the automated promotion system.
5. Cancellation of Orders and Right of Withdrawal
5.1 Cancellation of Orders by the User
An appointment may be cancelled by the User before the Braider has accepted the appointment or where the Braider has accepted the service, no less than three (3) hours before the Braider is dispatched.
The User will be informed of the Braider’s acceptance through the APP.
In accordance with the nature of the intermediation service offered by Braiding Nairobi, the User is aware that, once the Braiders have voluntarily accepted an appointment, it may only be cancelled through the APP, no less than three (3) hours prior to the scheduled appointment time.
Once the User has cancelled the orders, the appointment will not be carried out.
Where the User wishes to cancel within three (3) hours of the scheduled appointment time, the User forfeits the entirety of the service fee, excluding any transport fee.
The total cancellation will appear on the User’s screen, upon clicking the “Cancel” button on the APP, based on the factors described above.
5.2 Cancellation of Orders by Braiding Nairobi
Braiding Nairobi reserves the right to cancel an order without having to provide a just cause. Braiding Nairobi will inform the User of the said cancellation and, in the event of cancellation without just cause at Braiding Nairobi’s instance, any amount held in the User’s account and/or credit card will be released back to the User.
If the order must be cancelled by Braiding Nairobi and/or by the Braiders, due to reasons that are not directly attributable to the User but outside Braiding Nairobi’s control (e.g. lack of staff, change in the price by the Braiders, Acts of God, etc…), Braiding Nairobi’s agents or the Braiders will contact the User to inform the latter of the alternatives available and the costs that these will entail, if any. Any service fee held on the User’s behalf will be released back to them.
6. Policy on the Delivery of Restricted Items
6.1 General Policy
This section presents a non-exhaustive List of Examples of items that may be legally limited or restricted in certain countries and/or cities in which the APP operates, depending on the local legislation:
7. Content moderation and/or alteration
Notwithstanding the foregoing, Braiding Nairobi reserves the right to restrict certain Users’ access to the APP, either fully or partly, as well as to cancel, suspend, block, or remove certain types of content, by means of suitable technological tools, if it becomes aware, or there are signs, that the activity or the information stored is illegal or harmful to a third party’s rights or property. Further, Braiding Nairobi will not tolerate the publication of abusive language or abusive attitudes towards Braiding Nairobi, its workers, the Braiders, or any other party involved in the content published in the APP.
In this regard, Braiding Nairobi may establish any filters that may be necessary to prevent the service from being used to upload unlawful or harmful content to the Internet. Any User and/or third party may contact Braiding Nairobi via the Help Section in the APP in order to notify the presence of illegal content in the APP. Braiding Nairobi will carefully examine any notification in this regard, providing that it includes a sufficiently substantiated explanation of the reasons why it is alleged that the relevant information is illegal content and a clear description and indications that allow Braiding Nairobi to identify the relevant information and its place of storage. Braiding Nairobi will, thus, make its best efforts to investigate the information denounced and to take appropriate measures for its removal if it is found illegal.
In addition, Braiding Nairobi reserves the right to decide on the algorithms and parameters applicable to the ranking of the Braiders that appear in the APP, as well as to amend and update it. The User acknowledges and accepts that the said ranking may depend on multiple factors and metrics, including but not limited to the proximity and accessibility of the premises, prior reviews, as well as any agreement reached by Braiding Nairobi with said Braiders related to their positioning and visibility.
8. Solidarity at Braiding Nairobi
Braiding Nairobi may collaborate, either through its APP or through other interfaces with various institutions, corporate groups and non-governmental organisations in charitable and solidarity projects, donation campaigns and non-profit campaigns in some of the countries in which it operates (subject to applicability in each country). Braiding Nairobi acts as an intermediary in such projects, based solely on its good faith and its wish to contribute to social initiatives.
Braiding Nairobi accepts no liability for the final use or outcome of such campaigns. Neither does it give any security or guarantee, or accept any legal liability, or have any control over how donations are used by the above-mentioned establishments.
9. Geolocation
Braiding Nairobi may collect, use, and share exact location data, including the real-time geographic location of the User’s computer or mobile device, provided that this is authorised by the User. The said location data may be collected and used by Braiding Nairobi to show Users the location of the point of origin and/or destination of an order. In this regard, Users expressly consent to their geolocation data being shared with any Braiders, to successfully carry out the order requested at any given time. Users may choose to disable Geolocation on their devices as provided in the Data Privacy Policy.
10. Responsibilities and Warranties
10.1 Responsibilities and warranties in relation to the APP
Users are responsible for having in place the necessary services and equipment to browse the Internet and access the APP. Users can report any incidents or problems accessing the APP to Braiding Nairobi using the contact channels made available to Users, and Braiding Nairobi will analyse the incident and instruct the User on how to resolve it as quickly as possible.
Braiding Nairobi does not guarantee the absence of errors or interruptions when accessing the APP or its content, or that it will always be up to date. Therefore, Braiding Nairobi will not be liable for any service interruptions, connection errors, unavailability of, or faults in, the Internet access service, or Internet interruptions or for any other matters beyond its control. Notwithstanding the foregoing, Braiding Nairobi will, save in the event of circumstances making this difficult or impossible, take all steps to correct such errors, restore communication and update contents as soon as it becomes aware of the errors or disconnection or of the contents being out of date.
Braiding Nairobi accepts no liability for any security errors that may arise or for any damage that may be caused to the User’s computer system (hardware and software), or to the files or documents stored therein, as a result of:
● The presence of a virus in the User’s computer system or mobile handset used to connect to the APP’s contents and services;
● A malfunction of the browser;
● The use of outdated versions thereof.
● Braiding Nairobi hereby confirms that it has obtained all necessary licences for the pursuit of its technological intermediation activities in the countries in which it operates.
10.2 Responsibilities and liability in relation to content
Braiding Nairobi does not control, and is not responsible for, the contents uploaded by Users and Braiders through the APP; therefore, Users and Braiders are solely responsible for the lawfulness of such contents. Similarly, Braiding Nairobi does not control (and is under no obligation to control) how Users and Braiders use the APP. It therefore does not guarantee that they use the APP in accordance with these General Terms or in a diligent and/or prudent manner and in accordance with all laws applicable.
Further, Braiding Nairobi does not check (and is under no obligation to check) the identity of Users or the truthfulness, current validity, completeness and/or authenticity of the data supplied by them.
Braiding Nairobi gives no warranties regarding the authenticity, accuracy, novelty, reliability, lawfulness, or non-infringement of third-party rights by Braiders. In this regard, Users state that they understand that Braiding Nairobi is a mere intermediary and that it therefore accepts no liability arising from the information provided by Braiders or for any loss or damage that may potentially be suffered by them due to a breach of these General Terms. When an order is placed on the APP and accepted by the Braiders, a direct relationship is established between the User and the Braider. Braiding Nairobi is not a party to this relationship and
merely provides the APP to enable the Parties to communicate and place as many orders as may be necessary. Braiding Nairobi makes no assertions or confirmation regarding any Braiders or their identity or background information. Braiding Nairobi therefore recommends that Users always use common sense and remain alert when placing any order.
By becoming members of the APP, Users accept that any claims they wish to bring for legal liability arising from actions or omissions of other Users of the APP, or third parties shall be restricted to such Users or third parties, and that no actions for liability may be taken against Braiding Nairobi.
10.3 Liabilities and warranties in relation to users’ reviews
Braiding Nairobi is not responsible for the content of any review left by any User, regardless of whether these are published in the APP, and will accept no liability for any damage and/or offence caused by the said reviews. Braiding Nairobi can only guarantee that solely the Users
who have purchased a certain product or service through the APP will be asked to provide a review on it; nevertheless and, albeit Braiding Nairobi will make its best efforts to put in place any reasonable measure to prevent fraudulent, offensive and abusive reviews, Braiding Nairobi cannot systematically verify the reviews collected and, therefore, cannot guarantee the accuracy and truthfulness of the reviews left by the Users.
10.4 Responsibilities and liability for the products and services offered through the APP
As an intermediary, Braiding Nairobi merely facilitates, via the APP, how the parties involved may contact each other to arrange the sale and, if desired, the delivery of the products and services to the address indicated by the User. Therefore, Braiding Nairobi is in no way responsible and does neither guarantee nor assume any liability for the services offered by the Braiders. Braiding Nairobi will not check, and it is not responsible for checking, the services provided on the APP. Further, Braiding Nairobi does neither prepare, nor sell nor deliver any product and, therefore, cannot be liable for its ingredients or its manipulation and the provision of any information on allergens. Notwithstanding the above, Braiding Nairobi requests all Braiders to abide by all applicable laws and the highest standards of health and safety in the preparation and manipulation of the products, as well as of information provision to users.
Furthermore, the product/services images displayed on the APP are provided for illustrative purposes only and the final product/service the User purchases may differ slightly from these images.
The Users and Braiders, release Braiding Nairobi from any liability that might arise from the availability and/or transport of services requiring specific permissions or licences, or of products forbidden by any applicable legislation. If Braiding Nairobi becomes aware that the User and/or Braider are using/requesting through the APP to transport prohibited products, Braiding Nairobi may launch an internal investigation to ascertain the facts, take any legal action that may be necessary and/or block the User and/or Braider in question until any potential investigation has been completed. The measures available to Braiding Nairobi include providing the authorities with data and information on the Users and Braiders.
Braiding Nairobi rejects any liability for damages of any kind that may arise from Users and/or Braider's illegal use of the APP due to the information supplied by the latter to other
Users and/or Braiders being untrue, no longer valid, incomplete and/or false and, in particular and without limitation, for any loss or damage of any kind that may arise due to Users and/or Braiders impersonating a third party in any kind of communication made through the APP. In particular, Braiding Nairobi accepts no responsibility for the use of the APP or for any orders that may be made by a third party from the Users and/or Braiders’ account.
10.5 Responsibilities and liability in relation to delivery requested through the APP
Braiding Nairobi cannot be responsible for appointment times, as they will depend on the Braiders’ own successful operations, the transport services available locally, and the information furnished by Users when placing orders or their availability and response at the time of appointment; therefore, the appointment times stated on the APP are provided for indicative purposes only. Further, Braiding Nairobi will never be liable for the availability of Braiders or for their adequate and satisfactory performance of assignments.
The Braiders are exclusively responsible for the management of services rendered without prejudice to the fact that, in the event of an incident, the User contacts the Braider and Braiding Nairobi through the APP or other enabled channels in order to resort to a possible insurance policy.
Braiding Nairobi, as a platform that intermediates between User and Braiders, may mediate as far as reasonably possible in the dispute that may arise between User and Braiders during the management of services through the APP.
In the event of a dispute, the User shall be responsible for informing Braiding Nairobi and contacting the Braiders to claim any compensation.
Furthermore, any claim relating to the performance of the services shall be brought exclusively against the Braiders and not against Braiding Nairobi.
11. Updates and Changes to the APP
Braiding Nairobi reserves the right to amend these General Terms, the Privacy Policy, and the Cookie Policy at any time. Braiding Nairobi will provide prior notice of those amendments when mandatory under applicable laws.
In addition, Braiding Nairobi reserves the right to update, amend or delete the information contained on its APP, at any time and without the need for prior notice unless mandatory as per the applicable law, concerning its layout, presentation, and access conditions, without thereby accepting any liability in relation thereto.
12. Intellectual Property
Braiding Nairobi is the owner or licensee of all intellectual and industrial property rights that relate to the software and the APP, as well as the content that can be accessed through it, which is uploaded to the APP by Braiding Nairobi and/or on its behalf. These intellectual property rights, as well as the text, images, graphic design, navigation structure, information and content contained therein, are the property of Braiding Nairobi, which has the exclusive right to exploit the rights thereto in any manner, in particular the right of reproduction, distribution, publication and transformation, in accordance with Kenyan legislation on intellectual and industrial property rights.
The content uploaded to the APP by or on behalf of any third party, including but not limited to the Users and Braiders, remains their exclusive property; therefore these are fully responsible for any damage, claim and/or liability that may directly or indirectly derive from the content uploaded by them and/or on their behalf.
In spite of the foregoing, Braiding Nairobi may not be the owner or licence holder of content such as names or images, among others, of companies with which Braiding Nairobi does not have a business relationship. In such cases, Braiding Nairobi acquires the content from publicly available sources, and Braiding Nairobi shall in no event be deemed to be related to any right belonging to Braiding Nairobi.
Authorising a User to access the APP does not imply the waiver, transfer, licensing or full or partial assignment by Braiding Nairobi of any intellectual or industrial property rights. Deleting, bypassing or in any way tampering with the contents of the Braiding Nairobi APP are all prohibited. In addition, modifying, copying, reusing, exploiting, reproducing, publicising, making second or subsequent publications of, uploading files, sending by post, transmitting, using, processing, or distributing in any way all or some of the contents included in the Braiding Nairobi APP for public or commercial purposes are also prohibited, save with Braiding Nairobi express written authorisation or, where applicable, that of the owner of the rights concerned.
By registering on the APP and agreeing to these General Terms, the User grants Braiding Nairobi, in relation to the content that he/she may provide, a worldwide, irrevocable, and transferable licence, free of charge, with the right to sub-license, use, copy, modify, create derivative works, distribute, publicise and exploit it in any way that may be deemed appropriate by Braiding Nairobi, with or without any further communication to the User and without having to pay any amounts for such uses. All the above shall be understood as granting the indicated rights only to the maximum extent permitted by the applicable legislation.
13. Severability
If any of the clauses of these General Terms are found to be voidable or void by operation of law, such clause(s) shall be deemed not to have been included. Such declaration of nullity will not cause the other clauses to be void, and these shall remain valid and effective between the Parties.
14. Applicable Law
The relationship between Braiding Nairobi and the User shall be governed and construed in accordance with the General Terms and the laws of the relevant country in which Braiding Nairobi operates and any dispute shall be submitted to the courts of Braiding Nairobi’s registered seat in the relevant country, unless otherwise established by the applicable law.
15. Customer Support and Alternative Dispute Resolution
In order to facilitate communication with the Mandatary if necessary, and in the event of any incidents in the processing of the order and/or in order to inform of any changes thereto, Braiding Nairobi makes available to Users through its Help Section in the APP an internal
chat system allowing direct and immediate contact between the User and the Mandatary while the order is being carried out. If a User wishes to contact the Mandatary or Braiding Nairobi after the order has been completed, he/she must use the Help Section available on the APP.
Further, Braiding Nairobi will act as intermediary for the solution of any claims related to the order placed by the User, to the User’s account and/or to any other policies and/or services provided via the APP. For this purpose, the User shall contact Braiding Nairobi via the Help Section in the APP.
All the above is without prejudice to the Users’ right to submit their complaints and/or requests through any legal means available to consumers, including any out–of court/alternative dispute settlement bodies that legally provide dispute settlement services.
