terms-conditions

Kijenga Terms and Conditions

Updated: November 20, 2015

Kijenga.com offers a concierge service that allows consumers to post home improvement projects online and have their project sent to home improvement professionals (“Home Pros”) who will provide their services directly to the consumer (“Consumer”, “you”). In addition, through the Kijenga Marketplace, Kijenga allows Home Pros to sell their services and promotions, referred to as an “offer(s)” through an online store.  

 

  1. Acceptance of Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, DOWNLOADING, PURCHASING, USING OR ATTEMPTING TO USE THE KIJENGA MARKETPLACE AND/OR ANY OFFER, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE OR ATTEMPT TO USE THE KIJENGA MARKETPLACE OR ANY OFFER.

 

  1. Home Pro Obligation

Offers on the Kijenga Marketplace are issued by the Home Pro. Except as may be otherwise expressed on the offer itself, the offers are for a time-limited promotional voucher, which is exchangeable with the Home Pro for their service indicated in the offer. As the issuer of the voucher, the Home Pro is solely responsible for redeeming the voucher in exchange for their goods and services stated within the offer. The Home Pro is also solely responsible for providing the goods and services and for any and all injuries, damages, claims, liabilities, losses, and costs, including any liability arising from unredeemed or partially redeemed vouchers, and any suffering, directly or indirectly, whether related to the use or redemption of a voucher or not.

Kijenga solely provides and advertising platform to Home Pros to market their offers and services and the offers listed on the Kijenga Marketplace are solely advertisements of the Home Pros goods and services.

Kijenga does not endorse and is not responsible or liable for any of the advertising, goods or services provided to you by a Home Pro, whether it is an offer on the Kijenga Marketplace or not. When a consumer purchases an offer through the Kijenga Marketplace, the Home Pro and Consumer enter a binding legal agreement for the Home Pro to perform services and the Consumer to pay the Home Pro for the services rendered not already covered by the voucher. Any agreement entered between the Pro and Consumer is solely between the Consumer and Pro, and Kijenga is not party to such agreement. Kijenga is not and will not be party or third-party beneficiaries to any agreements entered into by and between Consumer and Home Pro. The consumer should use whatever resources necessary to make an informed decision about the offer prior to purchasing it or hiring any Home Pro.

YOU AGREE THAT IN NO EVENT SHALL KIJENGA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF KIJENGA, THE KIJENGA MARKETPLACE, OR BY AN ACT OR OMISSION OF A HOME PRO WHETHER OR NOT CONNECTED TO THE USE OF A VOUCHER/OFFER AND/OR ANY SERVICES PROVIDED IN CONNECTION WITH IT.

 

  1. Using Kijenga Marketplace Offers

Each offer listed in the Kijenga Marketplace, including the purchase of each offer/voucher, is an advertisement for the Home Pro offering the goods and services. Each specific offer may have it’s own set of terms and conditions listed on the offer itself that you must agree to in order to purchase. In addition to the terms listed on the specific offer, you also agree to be bound by the following:

Unless otherwise expressly specified, each and every offer on the Kijenga Marketplace is bound by the terms and conditions below:

  • Kijenga Marketplace Offers cannot be combined with any other discount, gift card/certificate, promotion, coupon, or deal, unless specifically permitted by the Home Pro.
  • Offers are not redeemable for cash or for any other good or service not specified in the original offer.
  • Offers cannot be duplicated, sold, or traded.
  • If any of the Terms and Conditions are violated when attempting to redeem the offer, the offer/voucher is considered null and void and no refund will be given to the purchaser.
  • Except as required by law, Home Pros are not required to provide credit or cash back for the partial redemption of a voucher.
  • Offers cannot be applied to taxes, tips, prior balances, shipping or handling charges.
  • Unless expressly specified or authorized by a Home Pro, all offers must be used in full, on a one-time basis.
  • Offer must be purchased through Kijenga to be eligible for the promotional price.
  • Any images associated to an offer may not reflect the exact product/service.
  • All appointments are to be performed during normal business hours.
  • Standard cancellation policy applies.
  • Promotional value expires six months from date of purchase; paid value never expires.

 

  1. 30 Day Guarantee

Kijenga will refund, in full, the purchase price of any offer at the request of a consumer within 30 days from the purchase date. The 30 day guarantee does not apply if the Home Pro has commenced or completed the work specified in the offer, made a legal contract with the consumer, or if the offer has expired.

 

  1. Cancelling Offers

Kijenga has the right to limit access to, modify, change or cancel any offer listed on the Kijenga Marketplace with or without notice and is not held liable to the consumer or any third party for any such action.

 

  1. Warranties and Disclaimers

KIJENGA MAKES NO REPRESENTATIONS ABOUT THE  ACCURACY OR COMPLETENESS OF THE CONTENT ON THE KIJENGA MARKETPLACE OR SPECIFIC OFFER FOR ANY PURPOSE OR CONSUMER’S PARTICIPATION, BENEFITS, USE OR EXPECTATIONS CONCERNING THE KIJENGA MARKETPLACE, BUSINESS PLATFORM OR SERVICES. ALL SUCH MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. KIJENGA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KIJENGA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

 

  1. Limitation of Liability

IN NO EVENT SHALL KIJENGA, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE KIJENGA MARKETPLACE OR ANY ASSOCIATED WEBSITE, THE MATERIALS IN THIS WEBSITE, THE DELAY OR INABILITY TO USE THIS WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES AND/OR JURISDICTION MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY NOT APPLY IN THOSE PROVINCES.

 

  1. Credit Card Processing

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT KIJENGA USES A THIRD PARTY TO PROCESS CREDIT CARD PAYMENTS ON THE KIJENGA MARKETPLACE. YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR KIJENGA, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING

THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY KIJENGA. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY KIJENGA. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS PARAGRAPH.

 

  1. Indemnification

You will indemnify, defend and hold harmless Kijenga and it’s subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, subcontractors and other partners from and against, any losses, liabilities, claims, causes of action, lawsuits, judgments, civil penalties, damages and expenses suffered (“Claims”), including reasonable attorneys’ fees, resulting from or arising out of: (a) any act or omission of a Home Pro; (b) your use, access to or purchase of any offer; (c) any violation of this agreement by you; (d) any goods, services purchased by you pursuant to the offer; or (e) any violation of any rights of another or harm you may have caused to another.

 

  1. Miscellaneous

This Agreement may be changed from time to time, and you agree to be bound by any changes that are posted on the Website or which are otherwise communicated to you.

Privacy. Use of the Website is also governed by our Privacy Policy, available at www.kijenga.com/privacypolicy.

If any part or parts of this Agreement are held to be invalid, the remaining parts of this Agreement will be valid and enforceable.

These Terms of Use are governed by the laws of the Province of Saskatchewan, Canada, as such laws are applied to agreements entered into and performed entirely in the Province of Saskatchewan and between Saskatchewan residents. You agree to submit to exclusive jurisdiction in the Province of Saskatchewan and that any claim arising out of or related to these Terms of Use will be brought solely in a court in the district of Saskatoon, Province of Saskatchewan.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE OR PARTICIPATE IN ANY OF THE OFFERS. BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.