- Welcome to our Website/Portal
- Usage Rules
(a) You must be 18 years or older to use the Service.
(b) You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
(c) In order to access certain portions or features of the Service, we may require that you register with us and establish an account. You will not use the account of another person without permission. When you create an account, you agree to provide accurate and complete information. You are solely responsible for any activity on your account and for maintaining security of your password. You will notify us immediately after you become aware of any unauthorized use of your account. We will have no responsibility for any loss or expense you incur by reason of the use of your account, whether authorized or unauthorized, and you agree to hold us harmless for any expenses or losses we may incur by reason of the use of your account.
(d) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The information and features on the Service only indicate potential job postings or candidate availability and do not constitute binding offers of employment and no guarantees are made that they are currently available. IAmHetch does not assume any responsibility for the accuracy, completeness, timeliness, or authenticity of information included on the Service. IAmHetch is under no obligation to use or distribute any information and/or material available from the Service. IAmHetch reserves the right, without prior notice, to remove or alter positions at any time without liability.
(f) Your use of the Service is limited to your personal, non-commercial use. You may not copy or download any part of the Service. Your use of these features is limited to your personal, non-commercial use, and you may not otherwise copy or distribute any portion of the Website or the Content or otherwise use any portion of the Website or the Content for any other purposes.
(h) You will not attempt to collect or harvest any personally identifiable information, including account names of other users of the Service. You will not solicit any users of the Service for any purpose. You will not use the Service to communicate with other users or for any purpose.
(i) You will not use the Service in any way that may damage, disable, overburden, or impair our servers or networks or interferes with any other party’s use and enjoyment of the Service. You will not try to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means.
(l) Verbal, written or other abuse (including threats of abuse or retribution) of any IAmHetch customer, employee, member, or personnel will result in immediate account termination.
(m) You understand that the technical processing and transmission of the Website, including Your Content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices, and you assume all associated risks.
- Ownership of the Content and the Website
The Content and the Website are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. We, our vendors, licensors and suppliers who provide the Content on the Service own the property rights to the Content. All rights in such Content are reserved with the owners of such Content.
- Your Dealings with Third Parties
Your correspondence or business dealings with parties other than IAmHetch, including, without limitation, our affiliates and third party service providers, are solely between you and such other party. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings or the acts or omissions of any such other parties.
- Remedies; Termination of Service
(b) We may cancel or suspend access to the Service at any time, without cause and/or without notice. Your right to use the Service will end once the Service is cancelled or terminated, and any data you have stored on the Service may be unavailable later.
- Disclaimers and Limitations
(a) You use the Service at your own risk. We provide the Service “as is”, “with all faults” and “as available.” We, our content providers and other suppliers (“Service Providers”) make no express warranties or guarantees about the Service. TO THE EXTENT PERMITTED BY LAW, WE AND THE SERVICE PROVIDERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NEITHER WE NOR THE SERVICE PROVIDERS GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE, MEET YOUR TASTES, OR MEET YOUR REQUIREMENTS. NEITHER WE NOR THE SERVICE PROVIDERS GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
(b) NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR THE SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH IAMHETCH RELATING OT THE WEBSITE OR THE SERVICE TO IMMEDIATELY DISCONTINUE USE OF THE SERVICE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AND IF FOR ANY REASON CALIFORNIA LAW IS NOT APPLICABLE, THE SERVICE PROVIDERS’ LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by us, you agree to defend, indemnify, and hold harmless IAmHetch and our subsidiaries, owners and other affiliates, and our and their employees, licensees, Service Providers, and our and their respective owners, representatives, employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees that arise from your use or misuse of the Service. 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.
- Electronic Contracting and Notices
- Choice of Law And Location For Resolving Disputes
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF JURISDICTIONS OTHER THAN CALIFORNIA, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF KENYA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; (3) SUBMITTING YOURSELF TO BINDING ARBITRATION IN NAIROBI, KENYA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS AND (4) ARE KNOWINGLY AND WILLINGLY WAIVING ANY RIGHT TO A JURY TRIAL OR TRIAL BY JUDGE.
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