Terms & Conditions

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Terms and Conditions – Kenya

Balozy Consumers

Balozy Technologies

Effective: September 05, 2022

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND BALOZY TECHNOLOGIES Kenya, INC. (“BALOZY,” “WE,” “US,” OR “OUR”).

Acceptance of this Agreement

The Company provides an online marketplace connection using App-based technology that connects You and other consumers, homeowners, and other businesses and independent Services Contractors. The Company’s software permits consumers- homeowners or business to place services for the professional services provider/or listed on the Balozy app. Once such service orders are made, the Company’s software notifies Contractors that a Services opportunity is available, and the software facilitates the booking and completion of the Services to the consumer- client, homeowner, or businessperson. The Company is not a professional service, homeowner, or owner of any professional services.

If you access the website located at http://balozy.com/, install or use Balozy’s mobile application (App), install or use any other software supplied by Balozy, or access any information, function or service available or enabled by Balozy (each, a “Service” and collectively, the “Services”), or complete the Balozy account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hat this moment represent and warrant that:

(a) you have read, understand, and agree to be bound by this Agreement.

(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Balozy (the “Minimum Age”); and

(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.

The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you disagree to be bound by the Agreement, you may not access or use Balozy’s Services.

Modifications

Subject to Section 12(h) of this Agreement, Balozy reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes to such changes.

Additional Terms and Policies

By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information by Balozy’s Privacy Policy, which is incorporated in this Agreement by reference. Certain features of our Services may be subject to additional terms and conditions, which to the extent permitted by applicable law are incorporated herein by reference.

Rules and Prohibitions

By using the Services, you agree that:

(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Balozy employees, or our community.

(b) You will only use the Services under all applicable laws, including copyrights, trade secrets, or other intellectual property rights or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only access the Services using means explicitly authorized by Balozy Technologies.

(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.

(e) You will not use the Services to cause nuisance, annoyance, or inconvenience.

(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, user, or Contractor, unless Balozy has given you prior permission to do so in writing.

(g) You will not copy or distribute the Software, or any content displayed through the Services, including Merchants’ menu content and reviews, for republication in any format or media.

(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.

(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(j) You will keep secure and confidential your account password or any identification credentials we provide you which allow access to the Services.

(k) You will use the Software and Services only for your use and will not directly or indirectly resell, license or, transfer the Software, Services or content displayed by the Services to a third party.

(l) You will not use the Services in any way that could damage, disable, overburden, or impair any Balozy server, or the networks connected to any Balozy server.

(m) You will not attempt to gain unauthorized access to the Services and to account, resource, computer system, and/or and connected to any Balozy server.

(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Balozy may use to prevent or restrict access to the Services or use of the Services or the content therein.

(o) You will not deep link to the Balozy website or access the Balozy website manually or with any robot, spider, web crawler, extraction software, automated process, and device to scrape, copy, index, frame, or monitor any portion of the Balozy website or any content on the Balozy website.

(p) You will not systematically retrieve data or other content from the Services.

(q) You will not try to harm other Users, Balozy, or the Services whatsoever.

(r) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(s) You will not abuse our promotional or credit code system, including redeeming multiple coupons at once or opening multiple accounts to benefit from offers available only to first timers.

(t) You will not attempt to undertake any of the preceding.

Contractors and Merchants Are Independent

You understand and agree that Balozy provides a technology platform connecting you with independent local services providers and others that provide the services offered through the Services (“Pros”) and independent third-party contractors who provide Services (“Contractors”). You acknowledge and agree that Balozy does not itself own any professional services or offer Services and has no responsibility or liability for the acts or omissions of any Merchant, clients, or Contractor. Balozy is not the retailer of any products or services offered by Pros, nor is it in the Services business or a common carrier. Balozy provides a technology platform facilitating the transmission of service by Users to Services by Contractors. Balozy will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that Balozy is not responsible for the pro’s services or the safety of the word and does not verify the pros’ or clients’ compliance with applicable laws or regulations. Balozy has no responsibility or liability for acts or omissions by any clients, Merchants, contractors, or pros.

You agree that the pros or balozy pros will service the services or goods that you purchase you have selected, that title to the goods and services passes from the Pros to you at the clients’ location, and that the Contractor will be directed by your instructions to service and deliver services to your designated client’s Services location. You agree that neither the Contractor nor Balozy holds title to or acquires any ownership interest in any goods and services that yoer through the Services.

User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services and update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services app. You are solely and fully entirely responsible for all activities under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Balozy immediately. Balozy will not be liable, and you may be liable for losses, damages, liability, expenses, and fees incurred by Balozy or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Balozy has reasonable grounds to suspect that such information is untrue, inaccurate not current, or incomplete, Balozy has the right to suspend or terminate your account and refuse all any future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously Balozy has previously removed on previously banned from use of the Services.

User Content

(a) User Content.

Balozy may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, transmit through the Services. You at this moment grant Balozy a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide sublicensable able right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distance and/or otherwise use the User Content in connection with Balozy’s business in all forms now known or hereafter invented (“Uses”), without notification to and approval by you. You further grant Balozy a license to use your username for her user profile information, including without limitation you’re rating to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Balozy herein shall survive termination of the Services or your account. Balozy reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement, or we consider to be objectionable for any reason. You agree that Balozy may monitor and/or and your User Content (but does not assume the obligation) for any reason in Balozy’s sole discretion. Balozy may also access, read, preserve, and disclose any information as Balozy reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Balozy, its users and the public.

(b) Feedback.

You agree that any submission of any ideas, suggestions, and proposals to Balozy through its service link back, wiki, forum, or similar pages (“Feedback”) is at your own risk and that Balozy has no obligations (including without limitation, obligations of confidentiality) with concerning feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you are here. You’re to Balozy a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

(c) Ratings and Reviews.

To the extent that you are asked to rate and post reviews of Merchants or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Balozy and do not represent the views of Balozy or its affiliates. Balozy shall have no liability for Ratings and Reviews or any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity concerning Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.

Communications with Balozy

By creating a Balozy account, you electronically agree to accept and receive communications from Balozy, Contractors, or third parties providing services to Balozy, via email, text message, calls, and push notifications to the cellular telephone number you provided to Balozy. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or deliver prerecorded messages sent by or on behalf of Balozy, its affiliated companies and, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing the settings in your account. You may also opt-out of receiving text messages from Balozy by replying “STOP” from the mobile device receiving the messages.

E-SIGN Disclosure

By creating a Balozy account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing Balozy at [email protected] with “Revoke Electronic Consent” in the subject line.

To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email Balozy at [email protected] with contact information and the address for Services.

Intellectual Property Ownership

Balozy alone (and its licensors, where applicable) shall own all rights, title, and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by Balozy. Balozy name, Balozy logo, and the product names associated with the Software and Services are trademarks of Balozy or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.

Payment Terms

(a) Prices.

You understand that: (a) the prices for services items displayed through the Services may differ from the prices offered or published by Pros for the same services items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the services are sold; (b) Balozy has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) Balozy reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes, including goods and services/harmonized sales taxes, on the Services provided under this Agreement (other than taxes based on Balozy’s income). Payment will be processed by Balozy, using the preferred payment method designated in your account.

(b) No Refunds.

Charges paid by you for completed and delivered service order are final and non-refundable. Balozy has no obligation to provide refunds or credits, but may grant them, in each case in Balozy’s sole discretion.

(c) Promotional Offers and Credits.

Balozy, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Balozy; (iii) are subject to the specific terms that Balozy establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in Balozy’s Terms and Conditions for Promotional Offers and Credits. Balozy reserves the right to withhold or deduct credits or benefits obtained through a promotion if Balozy determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. Balozy reserves the right to modify or cancel an offer at any time. Balozy’s Terms and Conditions for Promotional Offers and Credits (the current version of which is available http://balozy.com/terms-conditions: and which to the extent permitted by applicable law is incorporated in this Agreement by reference) apply to all promotional offers. Balozy may also offer gratuitous credits, which can be used for the Services. Any credit issued by Balozy is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order.

(d) Fees for Services.

Balozy may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Services Fees, Service Fees, Small Order Fees, and Surge Fees.

(e) Referral Program.

Balozy’s Referral Program Terms and Conditions are available at http://balozy.com/referral-terms/ (“Referral Program”). Under the Referral Program, Balozy offers its registered Users in good standing the opportunity to earn gratuitous Balozy credits as promotional rewards by inviting their eligible friends to register as new Balozy Users and place their initial order through the Service by using a unique referral ID link (“Personal Link”). For each Qualified Referral (as defined in the Referral Program) generated through a User’s Personal Link, the User may receive a gratuitous credit as specified on Balozy’s Referral Program page. You agree that we may change the terms and conditions of the Referral Program Social Media Guidelines.

Balozy maintains certain social media pages for the benefit of the Balozy community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.

Indemnification

You agree to indemnify and hold harmless Balozy and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation legal and attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty, condition or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and legal and attorneys’ fees incurred by the Indemnified Party. Balozy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Balozy in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. BALOZY MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

BALOZY DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BALOZY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

Internet Delays

The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as set forth in Balozy’s privacy policy or as otherwise required by applicable law, Balozy is not responsible for any delays, Services failures, or damage, loss or injury resulting from such problems.

Breach And Limitation of Liability

(a) General.

You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 19 to keep the Software and Services simple and efficient, and costs low, for all users.

(b) Cap on Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW BALOZY’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO BALOZY IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

(c) Disclaimer of Certain Damages.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW BALOZY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE AND ECONOMIC ADVANTAGE).

Termination

If you violate this Agreement, Balozy may respond based on several factors, including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.

In addition, at its sole discretion, Balozy may modify or discontinue the Software or Service or may modify, suspend, or terminate your access to the Software or the Services, for any reason, with or without notice to you without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, Balozy reserves the right to take appropriate legal action, including, without limitation pursuing civil, criminal, or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.

Procedure for Making Claims of Copyright Infringement.

Balozy’s policy is to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Balozy by the copyright owner or the copyright owner’s legal agent. Without limiting the preceding, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number, and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Balozy’s Copyright Agent for notice of claims of copyright infringement is as follows: General Counsel, Balozy, Inc. [email protected]

General

(a) No Joint Venture or Partnership.

No joint venture, partnership, employment, or agency relationship exists between you, Balozy, or any third-party provider because of this Agreement or use of the Software or Services.

(b) Severability.

Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

(c) Accessing and Downloading the Application from iTunes or Google Store.

The following applies to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”) or Google store:

(1) You acknowledge and agree that (i) the Agreement is concluded between you and Balozy only, and not Apple or Google, and (ii) Balozy, not Apple or Google, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service as well Google Store Terms of services.

(2) You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services concerning the App/Google Store Sourced Application.

(3) In the event of any failure of the App/Google Store Sourced Application to conform to any applicable warranty, you may notify Apple or Google. Apple/Google will refund the purchase price, if any, for the App/Google Store Sourced Application to you and to the fullest extent permitted by applicable law, Apple/Google will have no other warranty obligation whatsoever concerning the App/Google Store Sourced Application. As between Balozy and Apple or Google, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty or condition will be the sole responsibility of Balozy.

(4) You and Balozy acknowledge that, as between Balozy and Apple or Google, Apple or Google is not responsible for addressing any claims you have or any claims of any third party relating to the App/Google Store Sourced Application or your possession and use of the App Store Sourced Application or Google, including, but not limited to: (i) product liability claims; (ii) any claim that the App/Google Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(5) You and Balozy acknowledge that, in the event of any third-party claim that the App/Google Store Sourced Application or your possession and use of that App/Google Store Sourced Application infringes that third party’s intellectual property rights, as between Balozy and Apple/Google, Balozy, not Apple/Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

(6) You and Balozy acknowledge and agree that Apple/Google, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App/Google Store Sourced Application and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the request to enforce this Agreement as related to your license of the App/Google Store Sourced Application against you as a third-party beneficiary thereof.

(7) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App/Google Store Sourced Application.

(f) Notice.

Where Balozy requires that you provide an e-mail address and phone number you are responsible for delivering Balozy with your most current e-mail address and phone number. If the last e-mail address you provided to Balozy is not valid or for any reason, is not capable of delivering to you any notices required or permitted by this Agreement, Balozy’s dispatch of the e-mail containing such information will nonetheless constitute effective notice. You may information notice to Balozy through the following web form: https://help.Balozy.com/consumers/s/contactsupport. information notice shall be deemed given on the next business day Balozy receives such e-mail Balozy.

(g) Electronic Communications.

For contractual purposes, you (1) consent to receive communications from Balozy in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Balozy provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including your email address, current. This subparagraph does not affect your statutory rights.

(h) Transfer and Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you but by Balozy without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.

(i) Entire Agreement.

This Agreement is the final, complete, and exclusive agreement of the parties concerning the subject matter hereof and supersedes and merges all prior discussions between the parties concerning such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Balozy relating to your work as an employee or independent contractor, including, without limitation, any Independent Contractor Agreement governing your efforts as a Contractor.

Contact Information

Balozy welcomes your questions or comments regarding this Agreement:

Balozy Technologies Kenya, Inc.

Email us at: [email protected]

Help form: http://balozy.com/request-we-contact-you/

Privacy: http://balozy.com/privacy-policy-2/