SAKA AFYA FITNESS CLUB TERMS

1. General Provisions

1.1. Definitions

For the purposes of these Conditions of Use, Terms beginning with a capital letter are defined as follows:

-The term "service" here refers to all the services offered by the sakaafyafitness.club -The term "Website" means the Website www.sakaafyafitness.club for accessing Services. -The terms "users" or "user" means freelancers or employers who are registered on the Service. -The terms "You", "User" or "Service Consumer" means here any natural person accessing the Website and the Service benefits under private use. -The term "Company" refers to Saka Afya Fitness Club Company Limited., the Company that publishes and operates the sakaafyafitness.club Website.

1.2. Acceptance of Service Terms of use

These Terms of Use of the Service are intended to define the conditions in which users can benefit from the Service provided by the Website. The Use of this Service is subject to unconditional acceptance by the User of the Terms of Service of use.

By accessing the Website and enjoying the Service, the User, therefore, acknowledges having read and understood the entirety of these Terms of Use, and agree without limitation or qualification.

If the User does not accept these conditions, it must cease using the Website and waive benefit from the Service offered by the Company.

1.3. Application fields

These Conditions of Use are effective as of 01 February 2018. They apply to any use of the Site by the User. These conditions are subject to Tanzanian law: any foreigner User expressly accepts the application of Tanzanian law through the Service.

In the event that a particular contractual clause would be invalid, illegal, or unenforceable, the remaining provisions of the Terms do was not altered.

1.4. Changing Service Terms of Use

The Company reserves the right to modify these Terms and Conditions of Service at any time without notice or information and prejudice. The applicable Terms of Use of Service are those in effect on the date and the start time of the next box User: "I accept the Terms and Conditions".

2. Service Description

2.1. Service Purpose

The Website www.sakaafyafitness.club is aimed at registering Freelancers and allowing Employers to post their jobs/projects requiring services from Freelancers.

The Service aims to facilitate the linking between Freelancers and Employers and never to replace it. Furthermore, the Service is not meant to replace the normal service mechanism but to improve the easy and quick way of attaining services.

2.2. Service Operation

The User accesses the Service via the www.sakaafyafitness.club website.

On the Site, the User can:

  • Find a Freelancer
  • Post a job/project
  • View information on the Freelancers by matching their qualifications
  • Make an inquiry regarding a Freelancer of their choice based on their needs
  • Make an inquiry by chatting with the Freelancer (but never out of chart room or exchange contacts; all communication should be done via sakaafyafitness.club site).

Each posting of a job/project is transmitted in real-time to a Freelancer who has to accept the job/project by confirming and approving the order.

2.3. Payment Methods of Service by Users

To own an account for Users, it is absolutely free of charge. Under no circumstances should the person buy or own an account that was legally opened by another person.

It should be noted that joining the Site for Freelancers and having their accounts is free of charge. Although it may not mean it is direct to open and run an account with sakaafyafitness.club. Only qualified and accepted accounts applications will be approved and activated. And this will be based on quality, standards, and other security concerns.

In the case of the Freelancer agreeing to work on the project, he will have to work while the payment will be withheld by sakaafyafitness.club, and the payment will be released upon successful submission of the project to the Employer. After the presentation of the project, the Freelancer should be available for necessary revisions of the work if required to do so by the Employer regarding the prior order instructions. In no event, no transaction or order should be done outside the sakaafyafitness.club platform. Users will be subjected to following terms and conditions, including but not limited to pricing.

The information displayed on by Users is entirely their responsibility. sakaafyafitness.club cannot be held liable for any improper performance or information regarding users.

sakaafyafitness.club cannot be held liable for any costs incurred by an employer after the project has been completed, submitted, and approved by the Employer. In case of any dissatisfaction, the Employer will raise concern immediately, which will be dealt with by the Company plus requesting the Freelancer to revise the order.

Payment Flow

  • The Employer will post the job/project and his/her budget on the project
  • The job will be checked by the sakaafyafitness.club system and matched to the suitable Freelancer.
  • Freelancer will have to check the work in terms of workload, specialization, as well as urgency and decide whether to agree to take the order. The Freelancer should provide an immediate response to approve the acceptance of the order. No reluctance and delay will be tolerated as the system may decide to cancel the order from the Freelancer and offer it to another if the need arises.
  • If the Freelancer does not agree to the proposed budget, may request bargaining to the Employer to raise the budget. sakaafyafitness.club will help the negotiation to be thorough to serve both parties for clarity and easy agreement. Negotiations will be through the chat room on the sakaafyafitness.club website, and if necessary, sakaafyafitness.club will call the Employer for further follow-ups. In no circumstance will the Freelancer be allowed to contact the Employer outside the sakaafyafitness.club site.
  • Upon agreement, the Employer will deposit the money to the sakaafyafitness.club account and wait for his/her job to be done.
  • The Freelancer will do the job and deliver by meeting the deadline. Failure to meet the deadline will be attracting penalties.
  • After submission of the job/project, the Employer will review the work and rate the Freelancer. If something was not handled according to prior instructions, the Employer might require revision from the Freelancer. And the Freelancer will be in charge of completing the order.
  • The request for order revision should be made by the Employer immediately right after receiving the work.
  • Payment will be released to the account of the Freelancer twice a month. At the beginning of the month and after two weeks.
  • All payments made to the Freelancers will be subjected to fee charges of 12% of all the earnings from projects.
  • In case of any violation of our terms and policies, a Freelancer may be subjected to various penalties, which will be directly deducted from the next payment.

Cases that are subject to penalties:

The cases include but not limited to;

  • Poor performance on the project (s)
  • Failure to meet the deadline(s)
  • Cheating

2.4. Creating a personal account

To access his/her account, the User must provide necessary information such as the mobile number and email address, etc.

2.5. Service Limitations

A basic listing on the platform is subjected to charges for employers to post their projects and their respective budgets of handling such tasks. Then, sakaafyafitness.club will consult freelancers who can handle the project. The budget put can be subjected to bargaining if freelancers do not find it equivalent to their terms of services.

Cases that may lead to an account deactivation or closure;

The cases may include but not limited to;

  • Owning an account that is not yours
  • Provision of false information
  • Fraudulent actions
  • Attempt to communicate with the client outside sakaafyafitness.club
  • Failure to prove account ownership
  • Irresponsible behaviour towards the management team
  • Irresponsible behaviour towards clients

2.6. Emergency Situations

The Service proposed by sakaafyafitness.club is not meant for emergencies, although in case of urgent jobs/projects, the Employer will be expected to raise the payment than regular rates. Every job order is subject to the confirmation of approval by the Freelancer and, therefore, it can help to avoid unnecessary delays in responses.

3. Information provided by Users

Information provided by Freelancers and Employers on their account and profile(s) page(s) is their sole responsibility. sakaafyafitness.club does check the information, but the verification cannot be relied upon as Users have their information at their disposal and hence will be responsible in case of anything. Therefore, sakaafyafitness.club accepts no responsibility for the validity and accurateness of the information whatsoever submitted by Users.

4. Terms of Use

4.1. Access to the Service

The Service is open for use to all given the below conditions:

  • Must be of legal age in the User's legal jurisdiction
  • Accept without restriction or reserve the sakaafyafitness.club Terms and Conditions of Use
  • Accept without the sakaafyafitness.club Terms and Conditions of Use
  • Consent to the collection of private information to the extent covered by our Privacy Policy
  • Provide accurate and authentic information when creating a user account
  • In no case can sakaafyafitness.club be held liable for any false information provided by users

4.2. Rules of Conduct

Access to the Service offered by the Company implies that the User agrees to respect a charter of good conduct. Use of the Service is subject to the acceptance and strict compliance with the rules below:

  • Using the Service to post a job constitutes a firm commitment on the part of the User to the Freelancer. The Employer agrees to assume all the consequences of a no-show or late acceptance of his job/project.
  • The Freelancer undertakes to inform the Company or Employer if unable to work on the job/project registered through the Site. He will use for the functionality "Cancel an order" when logging into the account, or informing the Company by email and other means if necessary.
  • The User agrees not to access and use the Site or the Service provided by the Company for unlawful purposes or for the purpose of causing harm to the reputation and image of the Company or generally to infringe rights, including intellectual property of the Company and/or other users.
  • The User agrees not to use devices or software other than those provided by the Company in order to affect or attempt to affect the operation of the Site or Service or to extract or modify all or part of the Site; this includes but not limit to the Freelancer to contact the Employer on any other platforms than this.
  • The User agrees not to copy all or part of the Content on the Site in any media whatsoever without written permission from the Company.
  • In general, the User agrees to access and use the Site and the Services in good faith, reasonably, not contrary to the terms of this Charter and for strictly personal use and not for commercial purposes.
  • In case of breach of any of these commitments, and without this list being exhaustive, the User acknowledges and accepts that the Company shall have the right to refuse, unilaterally and without prior notice, access to all or part of the Website.

5. Limitation of Liability

5.1. Service Availability

The Company makes every effort to make its Service available around the clock, seven days a week. However, the Company does not provide any service continuity guarantee.

The Company cannot be held liable for damages related to the temporary inability to access any of the services offered by the Site. Although, the posted and approved projects by the Company will be served as per agreement.

5.2. Modification of Site

The Company reserves the right to modify, suspend, at any time, temporarily or permanently all or part of the Service without notice and without the right of users to pay.

5.3. User Responsibility

Users are solely responsible for their use of the Website and the Service.

The Company shall in no event be liable in connection with proceedings brought against the User who has said to improperly use the Website and/or the Service it provides; as it should be noted that all payments and job procedures should be done according to Company’s policy and not otherwise.

The User acknowledges and accepts in this regard they will be personally responsible for any claim or proceeding brought against the Company due to the improper use by them of the Service and/or the Website.

5.4. Force majeure

The responsibility of the Company may not be sought if the execution of one of its obligations is prevented or delayed due to force majeure as defined by the case-law of Tanzanian courts, including natural disasters, fire, malfunction, or interruption of the telecommunications network or the power grid.

6. Complaint and Termination

For information on the operation of the Service accessible through the Site, the User is invited to browse through the Site www.sakaafyafitness.club.

Each User may at any time terminate his personal account by deleting the account or contacting us via email on support@sakaafyafitness.club.

7. Protection of the distinctive signs

The trademarks, logos, company names, trade names, signs, and domain name, are not susceptible to distinctive signs of use without the express consent of their owner.

Any representation, reproduction, or partial or total use of these distinguishing marks is thus prohibited and constitutes trademark infringement, pursuant to the provisions of the Code of Intellectual Property (of Tanzania), usurpation of corporate name, trade name, and name Domain committing torts of its author.

Terms

By accessing the sakaafyafitness.club website, you agree to be bound by its terms and conditions of use, all applicable laws and regulations and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using this Site. The materials contained on the sakaafyafitness.club website are protected by applicable copyright and trademark law.

Disclaimer

The material on the sakaafyafitness.club website are provided “as is” sakaafyafitness.club makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, sakaafyafitness.club does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website relating to such materials or any sites linked to the sakaafyafitness.club site.

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