Terms and Conditions
Last updated: January 10th, 2023
1. Contractual Relationship
These Terms of Use (“Terms”) govern the access or use by you, an individual, from
within any country in the world of applications, content, products, and services (the
“Services”) made available by KabuKabu, a private limited liability company
established in Europe, having its offices at Nigeria.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING
THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by
these Terms, which establishes a contractual relationship between you and
KabuKabu. If you do not agree to these Terms, you may not access or use the
Services. These Terms expressly supersede prior agreements or arrangements with
you. KabuKabu may immediately terminate these Terms or any Services with
respect to you, or generally cease offering or deny access to the Services or any
portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event,
activity or promotion, and such supplemental terms will be disclosed to you in connection
with the applicable Services. Supplemental terms are in addition to, and shall be deemed a
part of, the Terms for the purposes of the applicable Services. Supplemental terms shall
prevail over these Terms in the event of a conflict with respect to the applicable Services.
KabuKabu will notify you if your event, promotion or activity qualify for the supplemental terms
after you specifically state why these terms should be included for your event promotion or activity.
KabuKabu may amend the Terms related to the Services from time to time.
Amendments will be effective upon KabuKabu’s posting of such updated Terms at
this location or the amended policies or supplemental terms on the applicable
Service. Your continued access or use of the Services after such posting constitutes
your consent to be bound by the Terms, as amended.
Our collection and use of personal information in connection with the Services is as provided
in our Privacy Policy
2. The Services
The Services constitute a technology platform that enables users of KabuKabu
mobile applications provided as part of the Services (“Application”) to connect with
services providers in search of services within their location or radius. Unless
otherwise agreed by KabuKabu in a separate written agreement with you, the
Services are made available solely for your personal use. YOU ACKNOWLEDGE
THAT KABUKABU DOES NOT PROVIDE THESE SERVICES RATHER THAN
FUNCTION AS A LINKAGE BETWEEN YOU AND SERVICE PROVIDERS BASED
ON YOUR SEARCH FOR SERVICES ON THE APPLICATION.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from
any portion of the Services; (ii) reproduce, modify, prepare derivative works based
upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform,
transmit, stream, broadcast or otherwise exploit the Services except as expressly
permitted by KabuKabu; (iii) decompile, reverse engineer or disassemble the
Services except as may be permitted by applicable law; (iv) link to, mirror or frame
any portion of the Services; (v) cause or launch any programs or scripts for the
purpose of scraping, indexing, surveying, or otherwise data mining any portion of the
Services or unduly burdening or hindering the operation and/or functionality of any
aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any
aspect of the Services or its related systems or networks except as expressly permitted
by KabuKabu.
Third Party Services and Content.
The Services may be made available or accessed in connection with third party
services and content (including advertising) that KabuKabu does not control. You
acknowledge that different terms of use and privacy policies may apply to your use
of such third-party services and content. KabuKabu does not endorse such third-
party services and content and in no event shall KabuKabu be responsible or liable
for any products or services of such third-party providers. Additionally, Apple Inc.,
Google, Inc., and/or their applicable international subsidiaries and affiliates will be
third-party beneficiaries to this contract if you access the Services using Applications
developed for Apple iOS and Android powered mobile devices, respectively. These
third-party beneficiaries are not parties to this contract and are not responsible for
the provision or support of the Services in any manner. Your access to the Services
using these devices is subject to terms set forth in the applicable third-party
beneficiary’s terms of service.
Ownership.
The Services and all rights therein are and shall remain KabuKabu’s property.
Neither these Terms nor your use of the Services convey or grant to you any rights:
(i) in or related to the Services except for the key explanations stated above; or (ii) to
use or reference in any manner KabuKabu’s company names, logos, product and
service names.
3. Your Use of the Services
User Accounts.
To use most aspects of the Services, you must register for and maintain an active
personal user Services account (“Account”). You must be at least 18 years of age, or
the age of legal majority in your jurisdiction (if different than 18), to obtain an
Account. Account registration requires you to submit to KabuKabu’s certain personal
information, such as your company/enterprise name, your name, address, mobile
phone number and age. You agree to maintain accurate, complete, and up-to-date
information in your Account. Your failure to maintain accurate, complete, and up-to-
date Account information may result in your inability to access and use the Services
or KabuKabu’s termination of these Terms with you. You are responsible for all
activity that occurs under your Account, and you agree to always maintain the
security and secrecy of your Account username and password. Unless otherwise
permitted by KabuKabu in writing, you may only possess one account as a service
provider and one account as a service seeker.
Eligibility, Using the KabuKabu Platform, Member Verification
KabuKabu is not responsible for the confirmation of any service provider or service seeker’s identity
by the simple Internet-based verification only.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not
authorize third parties to use your Account. You may not assign or otherwise transfer
your Account to any other person or entity. You agree to comply with all applicable
laws when using the Services, and you may only use the Services for lawful
purposes (e.g., no fake misrepresentation of services that do not exist). You will not,
in your use of the Services, cause nuisance, annoyance, inconvenience, or property
damage, whether to the service Provider or Seeker. In certain instances, you may be
asked to provide proof of identity to service seekers when accessing or using the
Services, and you agree that you may be denied access to provide or use the
Services if you refuse to provide proof of identity.
Text Messaging.
By creating an Account, you agree that the registered Service seekers/providers may
send you text (SMS) messages as part of the normal application operation of your
use of the Services. You may delete your account at any time if you wish to opt out
of receiving text (SMS) messages.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the
Services. Your mobile network’s data and messaging rates and fees may apply if
you access or use the Services from a wireless-enabled device and you shall be
responsible for such rates and fees. You are responsible for acquiring and updating
compatible hardware or devices necessary to access and use the Services and
Applications and any updates thereto. KabuKabu does not guarantee that the
Services, or any portion thereof, will function on any hardware or devices. In
addition, the Services may be subject to malfunctions and delays inherent in the use
of the Internet and electronic communications.
4. Disclaimers; Limitation of
Liability; Indemnity.
DISCLAIMER.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KABUKABU
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, KABUKABU
MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING
THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF
THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE
USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE. KABUKABU DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS AND SERVICE
SEEKERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE
OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN
CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
KABUKABU SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST
PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED
TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF
THE SERVICES, EVEN IF KABUKABU HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. KABUKABU SHALL NOT BE LIABLE FOR
ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR
RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU
AND ANY SERVICE PROVIDER/SERVICE SEEKER, EVEN IF KABUKABU HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KABUKABU SHALL
NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING
FROM CAUSES BEYOND KABUKABU’S REASONABLE CONTROL. YOU
ACKNOWLEDGE THAT SERVICE PROVIDERS PROVIDING SERVICES
REQUESTED THROUGH SOME REQUEST BRANDS MAY OFFER VARIOUS
SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED.
IN NO EVENT SHALL KABUKABU’S TOTAL LIABILITY TO YOU IN CONNECTION
WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
RESULT IN ANY MONETARY SETTLEMENT.
KABUKABU’S SERVICES MAY BE USED BY YOU TO REQUEST AND
SCHEDULE SERVICES, WITH SERVICE PROVIDERS, BUT YOU AGREE THAT
KABUKABU HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO
ANY SERVICES PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN
AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 4 DO NOT PURPORT
TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A SERVICE SEEKER THAT
CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Indemnity.
You agree to indemnify and hold KabuKabu and its officers, directors, employees
and agents harmless from any and all claims, demands, losses, liabilities, and
expenses (including attorneys’ fees) arising out of or in connection with: (i) your use
of the Services or services or goods obtained through your use of the Services; (ii)
your breach or violation of any of these Terms; (iii) KabuKabu’s use of your User
Content; or (iv) your violation of the rights of any third party, including Third
Party Providers.
5. Governing Law; Arbitration.
Except as otherwise set forth in these Terms, these Terms shall be exclusively
governed by and construed in accordance with the laws of Nigeria, excluding its
rules on conflicts of laws. Any dispute, conflict, claim, or controversy arising out of or
broadly in connection with or relating to the Services or these Terms, including those
relating to its validity, its construction, or its enforceability (any “Dispute”) shall be
first mandatorily submitted to mediation proceedings.
The existence and content of the mediation and arbitration proceedings, including
documents and briefs submitted by the parties, from the mediator, and
correspondence, orders and awards issued by the sole arbitrator, shall remain
strictly confidential and shall not be disclosed to any third party without the express
written consent from the other party unless: (i) the disclosure to the third party is
reasonably required in the context of conducting the mediation or arbitration
proceedings; and (ii) the third party agrees unconditionally in writing to be bound by
the confidentiality obligation stipulated herein.
6. Other Provisions
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to KabuKabu’s designated
administrative agent.
Notice.
KabuKabu may give notice by means of a general notice on the Services, electronic
mail to your email address in your Account, or by written communication sent to your
address as set forth in your Account. You may give notice to KabuKabu by written
communication to KabuKabu’s admin query.
General.
You may not assign or transfer these Terms in whole or in part without KabuKabu’s
prior written approval. You give your approval to KabuKabu for it to assign or transfer
these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an
acquirer of KabuKabu’s equity, business, or assets; or (iii) a successor by merger.
No joint venture, partnership, employment, or agency relationship exists between
you, KabuKabu or any Third-Party Provider as a result of the contract between you
and KabuKabu or use of the Services.
If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part,
under Nigerian law; such provision or part thereof shall to that extent be deemed not to form part
of these Terms but the legality, validity and enforceability of the other provisions in these Terms
shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable
provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that
has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision
or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire
agreement and understanding of the parties with respect to its subject matter and replaces and
supersedes all prior or contemporaneous agreements or undertakings regarding such subject
matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”
7 Booking Accommodations
Under certain criteria, you can search and filter the Services listed by KabuKabu. KabuKabu has the
right to revise the Accommodation details and apply them.
7.1 Upon the mutual agreement between Service seeker and the Service provider, You both agree to
communicate with each other to setup an opportune time for services and payment once those
services are rendered. At no point during this process KabuKabu is responsible for your parties
agreement concerning those services and payment.
8 Ratings and Reviews
After the completion of Services , both the service provider and service seeker have a chance to
share their reviews in a public manner (“Review”) and rate the services (“Rating”). The Ratings and
Reviews that are shared on the KabuKabu platform are purely by the private opinions of service
seekers and service providers to show how they experienced the Services. They are not comments
from the KabuKabu Platform. Also, KabuKabu does not verify the comments where they may be
incorrect or misleading.
9. HEALTH RELATED PROVIDERS
The Sites and Services and its Content are for informational purposes only. The Content is not
intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the
advice of your physician or other qualified health provider with any questions you may have
regarding a medical condition. Never disregard professional medical advice or delay in seeking it
because of something you have read on the Sites and Services.
If you think you may have a medical emergency, call your doctor or your emergency contact number
immediately.
KabuKabu does not recommend or endorse any specific tests, physicians, products, procedures,
opinions, or other information that may be mentioned on the Sites and Services. KabuKabu is not a
health or wellness provider and cannot recommend or refer you to any health or wellness provider.
Reliance on any information provided by KabuKabu , its employees and others appearing on the
Sites and Services at the invitation of KabuKabu , or other visitors to the Sites and Services is solely at
your own risk.
The Sites and Services may contain health-related materials that are sexually explicit. If you find
these materials offensive, should not use the Sites and Services. You should be aware that if you
post any health- related information about yourself or anyone else on the Sites and Services, you do
so at your own risk. If you post health information about services rendered to another individual,
you represent that you have the legal authority to receive health information about that individual
from that individual’s health care providers and that you have the legal authority to further disclose
such health information. If you post health-related information, you will be placing it into the public
domain which may violate federal or state laws that protect the privacy of health information. You
also acknowledge that the health care or wellness provider about whom you submit Content may
submit Content that contain your private or confidential health information in response to Content
you submit. KabuKabu is not liable for any such Content. KabuKabu cannot be expected to keep your
health information confidential if you post it to the Sites or Services or otherwise make it available to
others.
10. SUBMITTING CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
1. you grant to KabuKabu a royalty free, perpetual, irrevocable, worldwide, nonexclusive,
transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute,
publicly display, create derivative works from, incorporate such Content into other works;
2. you grant to KabuKabu all rights necessary to publish or refrain from publishing your name and
address in connection with your Content; sublicense through multiple tiers the Content, and
acknowledge that this license cannot be terminated by you once your Content is submitted to the
Sites and Services;
3. you grant to KabuKabu all rights necessary to prohibit the subsequent aggregation, display,
copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
4. your name and report information may be made available to the public and to the Service
Providers on which you report;
5. you represent that you own or have secured all legal rights necessary for the Content submitted
by you to be used by you, KabuKabu, and others as described and otherwise contemplated in these
terms of Use;
6. you represent and warrant that each person identified, depicted, or shown in in your Content, if
any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the
Content consistent with these Terms of Use;
7. you are solely responsible for your reviews and ratings;
8. KabuKabu may, in its sole discretion, choose to remove or not to remove reviews and ratings once
published;
9. you will not submit any reviews that may be considered by KabuKabu to be infringing, harassing,
libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful,
defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically
or otherwise objectionable;
10. all of your reviews and ratings will either be based upon (i) your actual first-hand experiences
with the Service Providers you are reviewing or (ii) as provided below, an individual and that
individual’s actual first-hand experience with a health care or wellness provider whereby you have
the legal authority to disclose such health information and experience of such individual;
11. all of your reviews and ratings of the Service Providers that you are rating will be accurate,
honest, truthful, and complete in all respects;
12. you do not work for, own any interest in or serve on the board of directors of, any of the Service
Providers for which you submit reviews and ratings; you are not in any way related (by blood,
adoption or marriage, if the Service Provider is an individual) to any of the Service Providers for
which you submit reviews or ratings;
13. you have not received any form of compensation to post reviews and ratings;
14. you will submit thorough and thoughtful reviews of the Service Providers you review (for
example, submitting a review describing a service contractor as “He/She is great.” Without
additional commentary is not a thorough and thoughtful review);
15. you will not submit reviews that comment on other users or the reviews of other users;
16. you will not submit reviews with hyperlinks; or
17. the reviews and ratings that you provide do not reflect the views of KabuKabu, its officers,
managers, owners, employees, agents, designees or other users.
11. BREACH OF TERMS OF USE
AND LIQUIDATED DAMAGES
You understand that the content in each report or record on KabuKabu has significant value to
KabuKabu and that the damage caused to KabuKabu for any violation of these Terms of Use
pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to
pay us the following amounts as liquidated damages, and you agree that the liquidated damages are
a reasonable estimate of KabuKabu’s damages for the specified breaches of these Terms of Use:
If you post Content in violation of these Terms of Use, you agree to promptly pay KabuKabu One
Thousand Pounds for each item of Content posted in violation of these Terms of Use. We may (but
shall not be required to) to issue you a warning before assessing damages Also, you will be required
to pay KabuKabu attorney’s fees and court/arbitration/mediation costs.
If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in
violation of these Terms of Use, you agree to pay One Hundred Pounds for each record or report
that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
If you use computer programming routines that are intended to aggregate records or reports from
the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise
overburden the Sites and Services, you agree to pay One Hundred Pounds for each report or record
that is aggregated, disrupted, damaged or otherwise affected by you.