Kayana Pro Terms and Conditions

Effective Date: 31^st July 2023

Welcome to Kayana Pro! These Terms and Conditions (“Terms”) govern your use of our platform and services, so please read them carefully. By accessing or using 36degreeseast.com, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our platform.

1. Definitions

• “Platform”: refers to Kayana Pro, its website, mobile application, and any related services provided by us.
• “User” or “You”: refers to anyone who accesses or uses our platform, including employers/clients and gig workers.
• “Employer/Client”: refers to individuals or businesses seeking gig workers for services.
• “Gig Worker”: refers to individuals offering their services through the platform.
• “Service(s)”: refers to the services provided by gig workers.
• “Content”: refers to any text, images, graphics, audio, video, or other materials posted, uploaded, or shared on the platform.

2. User Eligibility

By using our platform, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are using the platform on behalf of a company or organization, you must have the authority to bind such entity to these Terms.

3. User Accounts

To access certain features of the platform, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities conducted through your account. If you suspect unauthorized access, you must notify us immediately.

4. Platform Usage

4.1. Employer/Client Responsibilities:

• Clients must provide accurate and complete information about their gig requirements.
• Clients shall treat gig workers with respect and professionalism.
• Clients shall not engage in any illegal, harmful, or unethical activities on the platform.

4.2. Gig Worker Responsibilities:

• Gig workers must provide accurate information regarding their skills and services.
• Gig workers shall complete their assigned tasks to the best of their abilities.
• Gig workers shall behave professionally and ethically while dealing with employers/clients.

5. Service Agreements

5.1. Contractual Relationship

• Kayana Pro acts as a platform to connect employers/clients with gig workers and does not become a party to any agreement between the parties.
• Employers/Clients and gig workers are responsible for negotiating and agreeing upon the terms of service.

5.2. Payment

• Employers/Clients shall make payments for services directly to the gig workers through the platform’s designated payment methods.
• Kayana Pro is not responsible for any payment disputes between employers/clients and gig workers.

6. Content Policy

6.1. User Content

• Users are solely responsible for the content they post or share on the platform.
• Users must not post any illegal, harmful, defamatory, or misleading content.

6.2. Rights

By posting content on the platform, users grant Kayana Pro a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content to operate and promote the platform.

7. Intellectual Property

Kayana Pro and its content (excluding user-generated content) are protected by copyright, trademark, and other intellectual property laws. Users must not use, reproduce, or distribute any proprietary content without prior written permission from [Your Platform Name].

8. Termination

Kayana Pro reserves the right to terminate or suspend user accounts at any time for violating these Terms or engaging in any harmful activities on the platform.

9. Limitation of Liability

Kayana Pro shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of the platform.

10. Modification of Terms

Kayana Pro may modify these Terms at any time. Users will be notified of any significant changes and continued use of the platform after the modifications will constitute acceptance of the revised Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Kenya. Any disputes arising under these Terms shall be resolved through arbitration per the rules of arbitration organizations and alternative dispute resolution (ADR) mechanisms available in Kenya.

Contact Us

If you have any questions or concerns regarding these Terms, please contact us at programs@kayana.org

By using Kayana Pro, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.