Your use of the Platform indicates your acceptance without modification of these terms, which will constitute a legal agreement between you and Kosha Cleaning Services. If you do not want to be bound by these terms, you must not use or subscribe to the Platform.
Interpretation
In this Agreement, unless the context otherwise indicates
“AUP” means the Acceptable Use Policy of Kosha that governs the use of the Platform, as amended by Kosha from time to time;
“Agreement” – these terms and conditions together with the AUP and all annexures and/or schedules hereto, as amended by Kosha from time to time;
“Commencement Date” ‑ the date on which you agree to be bound by the Agreement by way of electronic medium, for example by clicking “Sign-Up” on a web page or via your mobile device;
“Confidential Information” ‑ any trade secret and any other information or other data, whether in written, oral, graphics or any other form, which either Party (“Disclosing Party”) discloses or provides to the other Party, or which otherwise becomes known to either Party through the Platform or the Services, which is not in the public domain and which includes, without limiting the generality of the term, information relating to a User;
“Kosha” ‑ Kosha Services Incorporated with registration number CC/2017/06979, a private company registered in Namibia;
“Intellectual Property Rights” ‑ all patents, trademarks, trade names, logos, service marks, designs, design rights, copyright (including all copyright in any designs and software), source code, inventions, trade secrets, Confidential Information and all other intellectual property rights and rights of a similar character in and to, or the subject matter of which relates to the Services and the Platform (whether or not same is registered or capable of registration) and all applications and rights to apply for protection of such rights, and including without limitation copyright in the Services and the Platform, all the usual documentation associated with the Services and the Platform, and all upgrades, new versions, modifications and enhancements of the Services and the Platform, from time to time;
“Parties” – Kosha and Service Provider and “Party” one of them;
“Platform” – the Kosha platform consisting of:
the website located at www.koshaservices.com
“Profile” – the Service Provider’s personal profile created by him/her on the Platform;
“Services” – the cleaning or related services, which the Service Provider will provide to Users using the Platform;
“Service Provider” – you, the person or company creating a profile on the Platform and who is approved as a Service Provider by Kosha;
“Service Provider’s Kosha Account” – the Service Provider’s account linked to the Profile which will indicate the amount of booking fees due to the Service Provider;
“Users” ‑ subscribers to the Platform who are the end users of the Services;
“VAT” – Value-Added Tax levied in terms of the Value-Added Tax Act No 12 of 2015 (as amended from time to time).
Introduction
The Platform is a communications platform enabling the introduction of individuals seeking to obtain certain services and individuals seeking to provide certain services.
The Service Provider shall complete the online application form on the Platform and submit the form to Kosha for approval. The Service Provider warrants that all information provided on the Platform by the Service Provider shall be correct and up to date.
The Service Provider shall read and then accept this Agreement. Should the Service Provider not agree to the terms of this Agreement, then the Service Provider should not create a Profile on or use the Platform.
Kosha shall review the Service Provider’s application and may perform certain background checks, which may include verifying the information provided by the Service Provider, contacting references, doing a criminal check and doing credit checks (“Background Checks”).
The Service Provider hereby consents to Kosha performing the Background Checks.
Once the Background Checks are completed, Kosha will approve or reject the application, at its sole discretion and without any obligation to provide reasons for its rejection.
Kosha will issue a username and password to the Service Provider on the Activation Date to enable the Service Provider to gain access to and/or use the Platform. The Service Provider will not be able to access and/or use the Platform without a username and password. The Service Provider agrees that
he/she will use the Link, username and password for his/her own personal use only, in other words, the Service Provider shall not share his/her Link, username or password with another service provider;
he/she will not disclose the Link, username and password to any other person for any reason whatsoever;
if his/her password is compromised, he/she will immediately notify Kosha and change the password.
Kosha will not be responsible for any loss arising due to a third party gaining access to the Service Provider’s Profile or password and accordingly, the Service Provider indemnifies Kosha from any loss the Service Provider may suffer as a result thereof.
Obligations and Undertakings of The Service Provider
In providing the Services the Service Provider shall ‑
generally, use its best endeavors to promote the interests of Kosha, with a view to enhance the image and awareness of the Platform and the Service Provider shall not do anything that may damage or negatively affect the image of Kosha or the Platform;
comply with all Kosha policies and procedures, including but not limited to, the AUP;
comply with all applicable legislation and shall not at any time act in contravention of any Namibian law.
The Service Provider shall under no circumstances, at any time engage Users other than through the Platform, failure to comply with this provision may result in the Service Provider’s Profile being removed from the Platform.
It is the Service Provider’s responsibility to agree to the terms of the Services (including but not limited to, what services will be provided, working hours and fees) with the User and to enter into an appropriate agreement with the User. For the avoidance of doubt, Kosha shall not be a party to such agreement and shall not in any way accept any obligations or liability under such agreement.
In the event that the Service Provider fails to comply with its obligations in terms of this Agreement or at law, then, without prejudice to Kosha’s rights and remedies at law or in terms of the Agreement (including its right to terminate this Agreement and remove the Profile), Kosha will be entitled to claim and the Service Provider will be liable for all losses, damages, and costs suffered or incurred by Kosha as a result thereof.
The Service Provider warrants that he/she is 18 years or older and is eligible to work in the Republic of Namibia and there is nothing preventing him/her from entering into and complying with this Agreement.
Relationship and Authority
Nothing in this Agreement shall create any agency, partnership, joint venture or employment relationship between the Parties and Kosha shall in no way, manner or form be regarded as a temporary employment service provider.
The Service Provider shall not make any representation or furnish any guarantees or warranties on behalf of Kosha to any User or any other third party in respect of the Services unless set forth in this Agreement, or otherwise expressly authorised in writing by Kosha.
Duration
This Agreement will commence on the Commencement Date and will endure until terminated by:
the Service Provider at any time by deleting the Profile from the Platform;
Kosha at any time by deleting the Profile from the Platform, in it is sole discretion.
If Kosha decides to discontinue the Services, this Agreement will terminate, and the Service Provider shall have no claims whatsoever against Kosha as a result thereof.
Fees
The Service Provider Mandates Kosha to accept payment of the Fees from the User on the Service Provider’s behalf.
The Service Provider shall pay Kosha the booking fee as indicated and agreed to during the sign-up process. Kosha may increase the booking fee from time to time by providing the Service Provider 30 (thirty) days’ prior written notice.
The Service Provider agrees that Kosha shall only release the Fees, less the booking fee, to the Service Provider once the once the booked shift has ended. The Fees will be released into the Service Provider’s Kosha Account. The Fees will then be paid into the Service Provider’s bank account or FNB E-wallet.
Security and Privacy
Kosha will take whatever action Kosha may deem necessary and reasonable to preserve the security and reliability of its Platform.
The Service Provider may not utilize any service in any manner which may compromise the security of the Platform, or any other network connected to the Platform.
Kosha takes reasonable steps to secure the Service Provider’s payment information. Kosha uses a payment system that is sufficiently secure with reference to accepted technological standards at the time of the electronic transaction and the type of the transaction concerned.
Kosha will deal with the Service Provider’s personal information in accordance with the provisions of its Privacy Policy which is available on the Platform.
Intellectual Property Rights
The Service Provider irrevocably acknowledges and agrees that any and all rights in and title to the Platform, including all of the software, trademarks, content, copyright, and other Intellectual Property Rights used or embodied in or in connection with the Platform, are and will remain the sole property of Kosha (or the third party proprietor who authorises Kosha’s use of such intellectual property), and that no Intellectual Property Rights therein are granted or assigned under this Agreement.
You may only use information and material retrieved, viewed, downloaded or otherwise obtained by viewing the Platform, for your own personal and non-commercial use and such information and/or data may not be sold, resold, transmitted or otherwise made available or disseminated in any manner via any media to any third parties.
Under no circumstances must you attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means, (electrical, mechanical, photo reproduction, recordation or otherwise) any of the software material, information or content viewed, downloaded or otherwise retrieved from the Platform.
Confidentiality
Having regard to the definition of “Confidential Information” in 1.4 and in order to protect the proprietary interests of both Parties and Users in and to their Confidential Information and trade secrets, the Parties shall, at all times and notwithstanding the cancellation or termination of this Agreement hold in confidence all Confidential Information received from each other or Users and shall not use, copy, disseminate or in any other manner whatsoever deal with the Confidential Information, or divulge or disclose the Confidential Information to any third party.
Amendment of this agreement
Kosha reserves the right to amend this Agreement from time to time. Any new version of the Agreement will be displayed on the Platform together with the date on which it will become effective, which will never be less than 30 (thirty) days after the date on which it is first published. It is the Service Provider’s obligation to visit the Platform on a regular basis to determine whether any amendments have been made. Service Provider’s use of the Platform after changes are posted shall constitute acceptance of any changed or additional terms.
General
The Parties acknowledge and agree that this Agreement constitutes the whole of the agreement between them and that no other agreements, guarantees, undertakings or representations, either verbal or in writing, relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on the Parties.
No indulgence, leniency or extension of time which Kosha may grant or show to the Service Provider shall in any way prejudice Kosha or preclude Kosha from exercising any of its rights in the future.
The Service Provider may not transfer, assign or otherwise delegate any of its rights or obligations under this Agreement. Kosha shall be entitled to cede its rights and delegate its obligations under this Agreement without the consent of the Service Provider.
This Agreement shall be governed by the laws of Namibia. The Service Provider hereby consents to the jurisdiction of the Magistrate’s Court in the Republic of Namibia in respect of any proceedings that may be initiated by Kosha arising out of this Agreement, if Kosha shall be entitled, in its reasonable discretion, to institute such proceedings in the High Court of Namibia and, in such event, the Service Provider consents to the jurisdiction of such court.
The physical address where Kosha will receive legal service of documents is the following: PO Box 55310, Rocky Crest, Windhoek, Namibia 9000.
Acceptable Use Policy
By using the Platform, you agree to comply with this AUP. Kosha reserves the right to change or modify the terms of the AUP at any time by posting an updated version on its Platform. Your use of the Platform after changes to the AUP are posted shall constitute acceptance of any changed or additional terms.
Prohibited Activities : General Prohibitions
Kosha prohibits use of the Platform in any way that is: i) unlawful, incitement to commit criminal acts, harmful to or interferes with use of Kosha’s network or systems; ii) infringes intellectual property rights; iii) results in the publication of threatening or offensive material which is harmful, obscene, discriminatory, defamatory, constitutes hate speech; or iv) constitutes abuse, a security risk or a violation of privacy.
Failure to adhere to the rules, guidelines or agreements applicable to search engines, subscription web services, chat areas, bulletin boards, web pages, applications, or other services that are accessed via a link from the Platform is a violation of this AUP.
Violation of Intellectual Property Rights:
The Platform shall not be used to publish, submit/receive upload/download, post, use, copy or otherwise reproduce, transmit, re-transmit, distribute or store any content/material or to engage in any activity that infringes, misappropriates or otherwise violates the intellectual property rights or privacy or publicity rights of Kosha or any individual, group or entity, including but not limited to any rights protected by any copyright, patent, trademark laws, trade secret, trade dress, right of privacy, right of publicity, moral rights or other intellectual property right now known or later recognized by statute, judicial decision or regulation.
You shall not reproduce, duplicate, copy or re-sell any part of the Platform.
Inappropriate Interaction with Minors:
The Platform should not be used for commission an offense against a child or in a way that would constitute or promote unlawful interaction with children.
Security Violations
Users are responsible for ensuring and maintaining the security of their own systems and the machines that connect to and use the Platform, including implementation of necessary patches and operating system updates.
The Platform may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of Kosha’s (or another party’s) server, network, network access, personal computer or control devices, software or data, or other systems, or to attempt to do any of the foregoing.
You shall not knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Your Responsibilities
You remain solely and fully responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Platform. Kosha has no responsibility for the accuracy of any information posted on the Platform or accessible using the Platform, including information provided by Service Provider or on third-party websites linked to the Platform.
Interactive Platform
Kosha’s services may include interactive services, including, without limitation, chat or messaging facilities, or bulletin boards.
Kosha will do its best to assess any possible risks for you from third parties, including Service Providers and Users, when using any interactive services. However, Kosha is under no obligation to oversee, monitor or moderate any interactive service and Kosha expressly exclude our liability for any loss or damage arising from the use of any interactive service by you.
Content Standards
These content standards apply to all information which you contribute to our Platform (“Contributions”), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards.
Contributions must not:
Contain any material which is defamatory of any person.
Contain any material which is obscene, offensive, hateful or inflammatory.
Promote sexually explicit material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
Give the impression that they emanate from Kosha if this is not the case.
Advocate, promote or assist any unlawful act.