Please read these terms carefully before using hendza
For the purposes of these Terms and Conditions:
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and our Cookie Policy, all of which are incorporated herein by reference. These Terms apply to all visitors, users, and others who access or use the Services.
If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, "You" shall refer to that entity.
You must be at least 13 years of age (or 16 years of age if you are located in the European Economic Area) to use the Services. By using the Services, you represent and warrant that:
We reserve the right to terminate your access to the Services if we discover that you do not meet these eligibility requirements.
Our Services are available without creating an account or registering. However, certain features (such as saving generated content or accessing premium tools) may require you to provide an email address or make a payment. You are responsible for maintaining the confidentiality of any payment confirmation details and for all activities that occur in connection with your use of the Services.
You may use the Services solely for lawful, personal, non commercial purposes, or for internal business purposes, subject to these Terms. You agree to use the Services only in compliance with all applicable laws, regulations, and these Terms.
You agree NOT to:
Violation of any of the foregoing may result in immediate termination of your access to the Services, legal action, and reporting to appropriate law enforcement authorities, at our sole discretion.
We accept payments through PayPal and MPesa (Safaricom). By making a payment, you agree to the terms and conditions of the respective payment processor. We do not store your full payment card details, MPesa PIN, or PayPal login credentials. All payment processing is handled securely by our third-party payment providers.
Certain Services or features may be available for a one time fee. Upon successful payment, you will receive access to the purchased feature or content as described at the point of sale. One time payments are non refundable except where required by applicable law.
Some Services may be offered on a subscription basis. By subscribing, you authorize us (through our payment processors) to charge the applicable subscription fee to your selected payment method on a recurring basis (e.g., monthly or annually) until you cancel.
ALL SALES ARE FINALExcept where required by applicable law (e.g., defective digital goods under EU consumer law), all payments made for one time purchases and subscriptions are non refundable. We do not offer refunds for change of mind, accidental purchases, or unused subscription periods. If you believe you were charged in error, please contact us at contact@hendza.co.ke within 7 days of the charge, and we will investigate in good faith.
You are responsible for all applicable taxes, duties, and levies associated with your purchase, excluding taxes based on our net income. Prices displayed on the Site may not include applicable taxes, which will be calculated and added at checkout where required by law.
All content, features, and functionality on the Site; including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, code, algorithms, data compilations, and the design, selection, and arrangement thereof are owned by Hendza, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business use. This license does not include:
You retain ownership of any User Content you upload, input, or generate using the Services. However, by using the Services, you grant Hendza a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, and distribute your User Content solely for the purpose of operating, maintaining, and improving the Services.
You represent and warrant that:
If you provide us with any feedback, suggestions, ideas, or other submissions ("Feedback"), you agree that we may use such Feedback without restriction or compensation to you. All Feedback becomes our exclusive property.
Without limiting the foregoing, Hendza does not warrant that:
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
The Services are provided for general information and utility purposes only and do not constitute professional advice. Specifically:
Without limiting the generality of the foregoing, Hendza shall not be liable for:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HENDZA FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:
This limitation of liability applies whether the alleged liability is based on contract, negligence, strict liability, tort, or any other basis, and even if Hendza has been advised of the possibility of such damage. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
You agree to defend, indemnify, and hold harmless Hendza, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Hendza. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, or practices of any third party websites or services. We do not endorse, guarantee, or assume responsibility for any product, service, or content advertised or offered by a third party.
Your interactions with third party payment processors (PayPal, MPesa), advertising networks (Google AdSense), analytics providers (Google Analytics), and any other third party services are governed solely by the terms and policies of those third parties. You acknowledge and agree that Hendza shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.
We use Google AdSense and may use other third-party advertising companies to serve ads when you visit our Site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. For more information about this practice and your choices, please see our Privacy Policy and Cookie Policy.
We reserve the right, at our sole discretion, to modify, suspend, or discontinue the Services (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms periodically.
For material changes, we will make reasonable efforts to notify you by posting a prominent notice on the Site or sending an email to the address you have provided, if any. Material changes will become effective no sooner than 30 days after we post the updated Terms, except for changes required by law or for security reasons, which will be effective immediately.
We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to: intellectual property provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution.
These Terms and Conditions and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Nairobi, Kenya. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Notwithstanding the foregoing, if you are a consumer residing in the European Union or the United Kingdom, you may also bring claims in the courts of your country of residence, and mandatory consumer protection laws of your country of residence may apply. If you are a California resident, you may also have rights under California law.
Before filing a claim against Hendza, you agree to try to resolve the dispute informally by contacting us at contact@hendza.co.ke. We will attempt to resolve the dispute informally within 30 days of your notice. If the dispute is not resolved within 30 days, either party may initiate formal proceedings.
Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, termination, or validity thereof, shall be finally resolved by binding arbitration administered by the Nairobi Centre for International Arbitration (NCIA) in accordance with its Arbitration Rules. The arbitration shall be conducted in English in Nairobi, Kenya. The arbitral award shall be final and binding on the parties.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND HENDZA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
This arbitration clause does not apply to users who are consumers residing in the European Union or the United Kingdom, or to claims that cannot be arbitrated under applicable mandatory consumer protection laws.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You agree that you may bring claims against Hendza only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Hendza shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications infrastructure, or hacking, viruses, or other malicious attacks.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect. The invalidity of any provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hendza to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Hendza regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, concerning the subject matter herein.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions about these Terms and Conditions, please contact us:
We will make reasonable efforts to respond to all inquiries within 5 business days.