Mr.KIM Terms and Conditions for Requesting Services

These Terms  and conditions for requesting for a service (hereinafter referred to as the "Terms") govern the requesting for a service provided by The KIM People Limited DBA Mr.KIM through its mobile app (hereinafter referred to as the "App") and its affiliates, parents, and subsidiaries. By requesting for services through Mr.KIM App, you (hereinafter referred to as the "Customer") agree to be bound by these Terms and conditions of this agreement and any future amendments and additions to this agreement as we may publish from time to time.

These Terms and conditions agreement governs your use of our services and platform that facilitates communications between Users, the professional service providers, and Mr.KIM support team  and the providers for the services  offered through the Company, as it may be modified, relocated and/or redirected from time to time. These Terms and Conditions Agreement constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and The KIM People Limited, and concerning your access to and use of the  professional Services. If these Terms and Conditions  Agreement is considered to be an offer by us, acceptance is expressly limited to these Terms and Conditions Agreement. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms and conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS AGREEMENT, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE OUR COMPANY SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By using the Company’s services, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority, and capacity to enter into these Terms and Conditions Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into these Terms and Condition Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms and Conditions  Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity.

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY

1. Service Request:

1. The Customer shall use the App to request professional services provided by Mr.KIM, including but not limited to plumbing, electrical, home maintenance and repair, rental and landlord maintenance and repair, vehicle, Boda Boda, Tuk Tuk maintenance and repair, house cleaning, carpet cleaning, vehicle cleaning, HVAC, and many more other professional services.
2. The App allows the Customer to select the type of service, specify service requirements, and choose a preferred date and time for the service.

2. Service Confirmation and Availability:

1. Mr.KIM will review the service request details and confirm the availability of a professional service provider to perform the requested service.
2. Mr.KIM will notify the Customer through the App regarding the confirmation or any changes to the requested service, including rescheduling if necessary.

3. Pricing and Payment:

1. Mr.KIM will provide transparent pricing for the requested service, including any applicable service fees, parts, and materials.
2. The Customer agrees to pay the quoted amount for the service through the secure payment options available in the App.

4. Cancellations and Rescheduling:

1. The Customer may cancel or reschedule a requested service through the App, subject to Mr.KIM's cancellation policy.
2. The cancellation or rescheduling must be done within a reasonable timeframe as specified in the App, to avoid any applicable fees or charges.

 

 

5. Service Execution:

1. Mr.KIM will assign a qualified and experienced professional service provider to perform the requested service.
2. The Customer agrees to provide necessary access to the service location and ensure a safe working environment for the service professional.

6. Quality of Service:

1. Mr.KIM strives to provide high-quality and reliable professional services.
2. The Customer acknowledges that Mr.KIM's liability is limited to the value of the service provided and does not extend to any damages or losses beyond the scope of the service.

7. Feedback and Ratings:

1. The Customer may have the opportunity to provide feedback and ratings for the professional service  provider through the App.
2. The Customer agrees to provide honest and constructive feedback to help maintain the quality and reputation of Mr.KIM's professional services.

8. Liability and Indemnification:

1. Mr.KIM and its professional service providers will not be liable for any damages, injuries, or losses arising from the Customer's use of the App or the services provided, except for cases of gross negligence or willful misconduct.
2. The Customer agrees to indemnify and hold Mr.KIM and its professional service providers harmless from any claims, liabilities, or expenses arising from the Customer's actions or omissions.

9. Data Privacy:

1. Mr.KIM respects the privacy of the Customer's personal information and handles it in accordance with its Privacy Policy see Privacy Policy (hyperlink here).
2. The Customer acknowledges and agrees to the collection, storage, and processing of their data as outlined in Mr.KIM's Privacy Policy- see Privacy Policy-hyperlink here.

10. Amendments: Mr.KIM reserves the right to amend or modify these Terms and conditions at any time. The Customer will be notified of any changes through the App or other communication channels.
11. Recurrent Service with Automatic Renewal and Recurring Charges.

1. Recurring Service: When requesting certain  Services, Requesters may have the option of choosing that the Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
2. BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE SERVICES WILL AUTOMATICALLY RENEW AND REQUESTER'S METHOD OF PAYMENT WILL BE CHARGED, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.
3. CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by visiting Mr.KIM services Help Center at https://Mr.KIM Services   .REQUESTERS MUST SUBMIT THEIR  CANCELLATION MORE THAN TWENTY-FOUR HOURS OR AFTER REACHING MINIMUM SERVICE REQUEST WHERE APPLICABLE PRIOR TO THEIR NEXT SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES.

12. False Information: 

You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers that you provide) will be accurate, current, and truthful to the best of your knowledge. If you provide any information that is untrue, not current, or incomplete, or that the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO THE COMPANY AND THE SERVICE PROVIDERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION FOR A PROJECT ADVISOR SERVICE, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF Ksh 1,000,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY LEGAL FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.

13. TERM AND TERMINATION

1. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
2. Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively,” Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice.
3. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Services ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Service ordered under your password or account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by the Company.
4. Cancellation Policy for Service Cancellation by Requester. The Company's cancellation policy for Services is as follows: Requesters may cancel their scheduled Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Service request appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Service request appointment, the Requester will be charged a Ksh 500 cancellation fee; (iii) if the Requester cancels during the 2 hours before a scheduled Service request appointment, the Requester will be charged the full Service requested amount; and, where applicable (iv) if the Requester cancels a recurring plan after completing one service request on the plan but before reaching the minimum service request noted upon sign-up to qualify for a recurring plan discount, the Requester may be charged either a single fee or the retroactive difference between the one-time service request price and discounted plan service request price . This cancellation policy applies both for one-time Service request bookings and for recurring Service request appointments. A Service request appointment may be canceled through Mr.KIM Services help center: create that here via hyperlink or by logging in to the Company’s platform.
5. Policy for Service Cancellation by Service Provider. When a Professional Service Provider cancels a scheduled Service request  appointment, the Company generally notifies the Requester and makes the Requester's Service request available for another Professional Service Provider to select. However, the Company cannot guarantee that a canceled Service request appointment will be selected by another  Professional Service Provider and rescheduled or that the Service request will be completed. For Recurrent Service Requesters, if a Service request appointment is canceled by a Professional Service Provider, Requester will not be charged for that Service request appointment.

14. Prohibited activities.

While seeking service through our company platform, you shall NOT  do the following :-

1. Use the Company’s services or any Service request for any purpose or in any manner that is in violation of local, state, national, or international law.
2. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
3. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services request facilitated through the Company without express written permission from us.
4. Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
5. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
6. Upload content that provides materials or access to materials that are obscene, adult, or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent, or sexual manner.
7. Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
8. Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
1. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
10. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
11. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
50. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
1000. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
14. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
15. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
16. Restrict or inhibit any other User from using and enjoying the Company’s services.
17. Imply or state that any statements you make are endorsed by us, without our prior written consent.
18. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack, or interfere with the Company, its servers, or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Company’s properties in any manner, or attempt to do any of the foregoing.
19. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.

By requesting  services through Mr.KIM App, the Customer acknowledges and agrees to the terms and conditions outlined in these Terms and conditions for requesting for services.