Last updated: June 20, 2022
Terms of Service
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SYDIA PLATFORM.
This Terms of Service constitutes a legal agreement between you ("you" or "User") and Sydia and its affiliates, parents, and subsidiaries (collectively, "Sydia," “we," “us," or the "Company"). This Terms of Service govern your use of our services and platform that facilitates communications between Users offered through our website located at Sydia https://sydia.app ("Site") and the mobile applications provided by us (the "Apps"). Our services, platform, Site, and Apps (collectively, the "Sydia Platform").
By accessing, using, or registering with the Sydia Platform or any portions thereof, you now expressly acknowledge and agree to be bound by the terms and conditions of this Terms of Service and any future amendments and additions to this Terms of Service as we may publish from time to time.
If you do not agree to accept and be bound by this Terms of Service, you must immediately stop using the Sydia Platform.
By using the Sydia Platform, you represent and warrant that: (i) you are at least 18 years of age, 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 this Terms of Service and to abide by the terms and conditions of this Terms of Service, and that you will so abide.
1. The Sydia Platform
The Sydia Platform is solely a communications platform for enabling the connection between individuals seeking to obtain services ("Consumers") and individuals or entities seeking to provide services ("Providers"). Consumers and Providers together are referred to as "Users." Those services requested by the Consumers, which are to be completed by the Providers, are hereinafter referred to as "Services." The Services are obtained through the Sydia Platform. Sydia does not itself provide the Services. The provision of all Services is up to the Providers through the Sydia Platform.
PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF SYDIA. SYDIA DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES.
2. Provider background checks
SYDIA CHECKS THE BACKGROUNDS OF PROVIDERS VIA THIRD-PARTY BACKGROUND CHECK SERVICES. However, each Consumer should exercise caution and common sense to protect their safety and property, just as you would when interacting with any person you do not know. SYDIA PERFORMS SCREENING SOLELY AT THE TIME THE PROVIDER APPLIES TO REGISTER ON THE SYDIA PLATFORM. SYDIA CAN NOT AND DOES NOT WARRANT OR REPRESENT THAT A PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. SYDIA IS UNDER NO OBLIGATION TO UPDATE A PROVIDER’S BACKGROUND CHECK OR PROFILE. BY USING THE SYDIA PLATFORM, THE REQUESTER AGREES TO HOLD SYDIA FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. SYDIA IS NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, INCLUDING PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
3. Service usage
a. Collection of your personal information
b. Account, password, and security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any phone number, username, password, and other personal information provided by you or us for accessing the Sydia Platform. You are solely and entirely responsible for all activities under your password or account, except that Sydia may, in certain circumstances, access your account to make changes you request. Sydia has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you must contact us immediately.
c. Proof of identity
You will provide us with such proof of identity as we may reasonably request from time to time.
By using the Sydia Platform, you expressly consent and agree to accept and receive communications from us, including via text (SMS) messages, emails, calls, push notifications, and other reasonable means at any of your contact information, so that we may provide the services set forth on the Sydia Platform, to service your account, to reasonably address matters about your account, including but not limited to notifying you of, or confirming, Services that you have scheduled, or for other purposes well related to your service request and our business, including marketing-related communications. By consenting to be contacted by Sydia, you understand and agree that you may receive communications, including marketing communications sent by or on behalf of Sydia, its affiliates, subsidiaries, parents, Users, or Providers. You acknowledge that you are not required to consent to receive promotional messages while using the Sydia Platform. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You agree that all consents provided in this Section will survive the cancellation of your account. TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, E-MAIL, OR PHYSICAL ADDRESS, IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES, INCLUDING INVASION OF PRIVACY RIGHTS, TO SYDIA COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE-UP NAME, ADDRESS, E-MAIL, OR PHONE NUMBER, YOU AGREE TO INDEMNIFY FULLY AND BE LIABLE TO SYDIA AND EACH PROVIDER WHO PROVIDES SUCH SERVICES, FOR THE GREATER OF 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 TO IT.
4. Service prices
The Sydia Platform is free to download. However, we may charge fees for using certain features in the future.
Service prices will be offered and displayed on the Sydia Platform before requesting/booking the Service.
Services available on the Sydia Platform are subject to prices you can find on the Sydia Platform before you order the Service. In addition, Sydia may adjust or renew fees from time to time based on certain factors, such as locations, time, type of Service, and applicable laws. We may also charge fees of a certain amount as a payment to use the Sydia Platform.
You may pay for the Services by electronic payment methods provided by independent third parties on the Sydia Platform, including mobile money and debit/credit card (“Payment Method”), which may vary from time to time based on our sole discretion.
If you use someone's credentials, you are fully responsible for all licenses required and all losses or disputes that arise between you and that other party.
Sydia reserve the right to refuse or postpone your payment request using the Payment Method for specific reasons, including but not limited to any indication that Sydia has sufficient grounds to suspect any fraud, deceit, a violation of the Terms of Service, an offense against applicable laws including related to payment using cards, mobile money, payment transaction processes, anti-money laundering, corruption and terrorism financing, or any unusual or suspicious behavior, including any obligation you have yet to fulfill to us.
5. The services
The access and use of the Sydia Platform are subject to this Terms of Service.
We only facilitate the Consumer finding various Services required by providing the Sydia Platform. All Services are provided directly by independent third parties providing the Services (“Providers”).
When requesting a Service, the Sydia Platform will connect the Consumer with an available Provider within your proximity. Services cannot be provided where the location is not available. Sydia will, from time to time, make locations available.
Furthermore, the Sydia Platform will provide status updates about the Service, such as when the Provider accepts the Service when the Service is paid, or when the Service is completed.
Services are categorized according to the service types; for example, pipe leakage, tap repairs, or sewage blockages may be included in Plumbing. Each category includes information about the services being provided, do ensure to read the information clearly before placing a request for Service. Some services may require materials to perform the Service; for example, fixing a tap may require purchasing a new tap. The Provider will have an option to add materials to the Service, but these materials will require the Consumer’s approval before the Service proceeds.
Sydia may, at our sole discretion, make changes to the service information per category from historical analysis or improve the user experience.
6. Billing and payment
Users of the Sydia Platform contract for Services directly with other Users. Sydia is not a party to any agreements for Services. The Sydia Platform facilitates these contracts by supplying a medium through which Consumers can connect with Providers, schedule Services, and make payments for Services (“Payments”). We use third-party services to process mobile money and credit/debit card payments. By accepting this Terms of Service, you are giving Sydia (or a third-party payment processor on Sydia's behalf) permission to charge your on-file mobile money, credit/debit card, or other approved methods to fund your wallet pay for Services on the Sydia Platform. All information you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. In addition, you may need to pay any incurred charges applicable for transactions being processed on the Sydia Platform. While we will use commercially reasonable efforts to ensure the security of mobile money and credit/debit cards, and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. You agree to hold us harmless for any damages that may result therefrom. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against future transactions; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) collect payment from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity or to violate this Terms of Service, then we may, in our sole discretion, permanently withhold any payments to you or terminate your account.
7. Service rating
The Consumer may be required to rate and review the Provider on the Service performed and the end of completed Services. The rating and review contain your independent, honest, genuine opinion. This information will assist Sydia in reviewing Providers and making improvements to the Sydia Platform.
The Providers may also rate and review the Consumer to ensure that the Sydia Platform remains a reliable referral source. Consumer agrees to maintain a Provider rating at or above the minimum rating established by Sydia for access to the Sydia Platform, as modified from time to time. If a Consumer’s aggregate rating falls below the applicable minimum rating, Sydia reserves the right to deactivate the Consumer’s access to the Sydia Platform.
8. Service cancellations
Sydia's cancellation policy for Services is as follows: Consumers may cancel their Services through the Sydia Platform at any time and indicate the reason for cancellation, after which, Sydia will determine the cause of cancellation, to which you may be charged a cancellation fee of ten percent (10%) of the total service fee excluding any additional materials added by the Provider, with a minimum cap of Kenya Shillings Fifty (50/-) and a maximum cap of Kenya Shillings Three Hundred (300/-) whichever is applicable. Cancellations may result in the deactivation or termination of the account. The process is at the sole discretion of Sydia, and it’s factored on historical Consumer data such as the Services placed by the Consumer, the number of cancellations, ratings, and other factors.
9. Termination and survival.
This Terms of Service shall continue in full force and effect until it is terminated by you or by us.
b. Termination by Sydia
We may terminate this Terms of Service, terminate or suspend your right to use the Sydia Platform at any time for any reason without obligation to give any reason (including, without limitation, if we believe that you have breached this Terms of Service or any policy posted on the Sydia Platform, or if we otherwise find that you have engaged in inappropriate or offensive behavior (collectively, "Prohibited Conduct"). Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation. When removing your account, Sydia may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by you
You may terminate this Terms of Service by permanently ceasing to use the Sydia Platform (provided that no outstanding Services are ordered under your account) and by closing any account you have opened on the Sydia Platform. However, suppose you attempt to terminate this Terms of Service while still outstanding Services are ordered under your account. In that case, this Terms of Service shall not end until such Services have been performed or otherwise canceled as permitted by Sydia.
10. Links to other websites or media
11. Rules for the use of the Sydia Platform
During the term of this Terms of Service, Consumers may use the Sydia Platform for your personal use only (or for a person, including a company or other organization you represent). Consumers may use the Sydia Platform to request Services solely to a location where the Consumer is legally authorized to have Services performed. Consumers may not use the Sydia Platform for any other purposes or in connection with any commercial endeavors without our express written consent. Consumers agree to treat Providers courteously and lawfully, provide a safe and appropriate working environment that complies with all applicable laws and regulations, and provide reasonable cooperation to Providers to enable them to supply Services. Consumers acknowledge that their selected Provider may be unavailable from time to time. Providers agree to perform Services by all applicable laws and regulations and with the Provider Terms of Service. You shall NOT use the Sydia Platform to do any of the following:
• Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another computer.
• Upload files containing software or other material that violates any third party's intellectual property rights or rights of privacy or publicity.
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (including but not limited to rights of privacy and publicity) of others, including but not limited to our staff and other Users.
• Post a review or rating unless such a review or rating contains your independent, honest, genuine opinion.
• Use the Sydia Platform or any Service for any purpose or in any manner that violates local, County, or national law.
• 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.
• Advertise or offer to sell any goods or services for commercial purposes or solicit employment or contract work that is not relevant to services provided through the Sydia Platform. You may not demand, advertise for, or contact Users for employment, contracting, or any other purpose not related to Services facilitated through the Sydia Platform without express written permission from us.
• Use the Sydia Platform to collect usernames and email addresses of members by electronic or other means without our express prior written consent.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Impersonate another person or allow any other person or entity to use your identification to post, view comments, or otherwise handle your account.
• Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
• Download any file, screenshot, copy information, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
• Restrict or inhibit any other user from using and enjoying the Sydia Platform.
• Imply or state that we endorse any statements you make without our prior written consent.
• Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Sydia Platform, its servers, or any connected networks, use a robot, spider, manual, or automatic processes or devices to data-mine, data-crawl, scrape or index the Sydia Platform in any manner, or attempt to do any of the preceding.
• Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by Sydia.
• Upload or post content that is offensive or harmful, including, but not limited to, content that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any User.
• Upload content that provides access to obscene, adult, or sexual materials or exploits anyone, particularly people under the age of 18, in an abusive, violent, or sexual manner.
• Register to use the Sydia Platform under different usernames or identities after your account has been suspended or terminated.
• Mirror or archive any part of the Sydia Platform or any content or material contained on the Sydia Platform without Sydia's written permission.
• Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
• Alter transmission data without Sydia's consent
12. No employment
Sydia provides a software platform that allows you to connect with independent Providers. Sydia is not the employer of any Provider. You acknowledge that we do not supervise, direct, or control a Provider's work or Services performed. A Provider provides services to you as an independent contractor and is not an employee, joint venturer, partner, agent, or franchisee of Sydia.
13. Special credits
We may, from time to time, provide specific promotional opportunities to Consumers. All promotions will be run at our sole discretion and can be activated, modified, or removed at any time by us without advance notification.
b. Referral credit
You will be given a code through which you may refer a friend to the Sydia Platform in exchange for a referral credit, which is only used for the Services on the Sydia Platform. Sydia reserves the right to cancel referral credit at any time. No refunds will be granted for any expired or canceled referral credit.
Sydia referral credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the Sydia Platform. Referral credits may not be purchased for cash, and Sydia does not sell promotional credits. Referral credit is nonrefundable.
The referral credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Referral credit may be applied only to your account and may not be applied to any other account.
14. Intellectual property rights
The Sydia Platform and the information, data, content, and materials it contains (“Sydia Materials”) are the property of Sydia, its affiliates, subsidiaries, parents, and licensors, which Sydia has a right to use as described below. The Sydia Materials are protected from unauthorized copying and dissemination by copyright, trademark, international conventions, and other intellectual property laws. Sydia, its affiliates, subsidiaries, parents, and licensors, are and shall continue to be the sole and exclusive owner of all rights, title, and interest in and to all intellectual property rights associated with the Sydia Materials. Any use of Sydia Materials, other than as expressly permitted herein, is prohibited without the prior permission of Sydia or the relevant right holder. The service marks and trademarks of Sydia, including without limitation https://sydia.app and the Sydia logo, are service marks owned by Sydia. Any other trademarks, service marks, logos, or trade names appearing on the Sydia Platform are the property of their respective owners. You may not copy or use any of the marks, logos, or trade names appearing on the Sydia Platform without the express prior written consent of the owner.
15. The app / mobile devices
The Sydia Platform may allow you to access our services, download our Apps, upload content to the Sydia Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit certain Mobile Features, and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. Besides, your mobile device carrier may charge you for standard messaging, calls, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with other questions regarding these issues.
You acknowledge that your use of the Apps is subject to any outlined terms of the third-party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
Sydia is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. However, Sydia reserves the right to terminate the Apps or any other aspect of the Sydia Platform should you be using the Apps or the Sydia Platform with an incompatible or unauthorized device.
16. Modifications to the Sydia Platform
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Sydia Platform or any content or information on the Sydia Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Sydia Platform.
The term "Confidential Information" shall mean any of Sydia's trade secrets, confidential and proprietary information, personal information, and all other information and data of Sydia that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Sydia Platform contains secured components accessible only to those whom Sydia has granted a username and password. Information contained within the components of the Sydia Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Sydia and agree that you will not use Confidential Information other than as necessary for you to make use of the Sydia Platform as expressly permitted by this Terms of Service and only during the term of this Terms of Service. You will not disclose or transfer (or seek to induce others to disclose or share) any Confidential Information for any purpose. In writing, you shall promptly notify Sydia in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical, and administrative safeguards to protect Confidential Information from loss or theft and unauthorized access, disclosure, copying, transfer, modification, or use. You shall return all originals and copies of any materials containing Confidential Information to Sydia upon the termination of this Terms of Service for any reason whatsoever.
18. Disclaimer of warranties, limitation on liability, and release
USE OF THE SYDIA PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SYDIA PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SYDIA NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS WARRANT THAT THE SYDIA PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE SYDIA PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROVIDER’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SYDIA PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SYDIA PLATFORM OR THIS AGREEMENT. NEITHER SYDIA NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SYDIA PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROVIDERS). NEITHER SYDIA NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS WARRANT THE SYDIA PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SYDIA AND ITS AFFILIATES, SUBSIDIARIES, PARENTS, AND LICENSORS CAN NOT AND DO NOT GUARANTEE ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.
b. No liability
YOU AGREE NOT TO HOLD SYDIA, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SYDIA PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SYDIA OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL SYDIA OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SYDIA PLATFORM OR ANY SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. UNDER NO CIRCUMSTANCES WILL SYDIA OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SYDIA PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. SYDIA AND MEMBERS DO NOT ACCEPT ANY LIABILITY CONCERNING THE QUALITY OF ANY WORK PERFORMED IN CONNECTION WITH THE SYDIA PLATFORM, THE SERVICES, OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SYDIA OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR THE LIABILITIES EXCEED KENYA SHILLINGS TWENTY THOUSAND (20,000/-).
SYDIA AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE SYDIA PLATFORM. THE SYDIA PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT: THE SYDIA PLATFORM CONNECTS A USER TO A THIRD-PARTY PROVIDER TO PROVIDE OR OBTAIN SERVICES HEREUNDER, SYDIA WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY PROVIDERS. YOU EXPRESSLY WAIVE AND RELEASE SYDIA FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. BECAUSE SYDIA IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR THE COMPLETION OF ANY SERVICE, IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE SYDIA AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
d. Additional disclaimer
THE QUALITY OF THE SERVICES REQUESTED OR OBTAINED THROUGH THE USE OF THE SYDIA PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SYDIA PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SYDIA PLATFORM AND SUCH PROVIDERS AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE SYDIA PLATFORM CONSTITUTES OR IS MEANT TO CONSTITUTE ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE ABOUT ANY LEGAL, FINANCIAL, OR MEDICAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. BY USING THE SYDIA PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SYDIA PLATFORM. YOU ACCEPT THAT, AS A CORPORATION, SYDIA HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS, AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST SYDIA'S OFFICERS, DIRECTORS, OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS, OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE SYDIA'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AND SUB-CONTRACTORS AS WELL AS SYDIA. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless Sydia, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors, and vendors from and against all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Sydia Platform, or any Service, (ii) your violation of this Terms of Service, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of other Users, and (v) your information and content that you submit or transmit through the Sydia Platform. Sydia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Sydia.
20. Governing Law; Jurisdiction
This Terms of Service is governed and interpreted under the laws of Kenya, notwithstanding any principles of conflicts of law. For all disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the country of Kenya.
21. Changes to this Terms of Service.
At our sole and absolute discretion, we reserve the right to change, modify, add to, supplement, or delete any of the terms and conditions of this Terms of Service at any time, effective with or without prior notice. Suppose any future changes to this Terms of Service are unacceptable to you or cause you to no longer comply with this Terms of Service. In that case, you must terminate and immediately stop using the Sydia Platform. Your continued use of the Sydia Platform following any revision to this Terms of Service constitutes your complete and irrevocable acceptance of all such changes.
These Terms of Service shall be deemed severable. If any provision is unenforceable or invalid, such determination shall not affect the validity and enforceability of any other remaining provisions.
23. Contact information
If you have any questions regarding this Terms of Service, please contact us at email@example.com.