YORTAT GROUP LIMITED maintains the Helpsoko.com Website (“Helpsoko”). The following are the terms of use that govern use of Helpsoko (“Terms of Use”). By using Helpsoko you expressly agree to be bound by these Terms of Use and Helpsoko privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of Helpsoko. YORTAT GROUP LIMITED reserves the right to change these Terms of Use at any time, effective immediately upon posting on Helpsoko. Please check this page of Helpsoko periodically. We will note when there are updates to the Terms of Use at the bottom of the Terms of Use. If you violate these Terms of Use, YORTAT GROUP LIMITED may terminate your use of Helpsoko, bar you from future use of Helpsoko, and/or take appropriate legal action against you.
LIMITED LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access Helpsoko pursuant to the requirements and restrictions of these Terms of Use. YORTAT GROUP LIMITED may change, suspend, or discontinue any aspect of Helpsoko at any time. YORTAT GROUP LIMITED may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of Helpsoko. You shall have no rights to the proprietary software and related documentation, if any, provided to you to access Helpsoko. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit Helpsoko or any of its contents (including software) in whole or in part.
- HELPSOKO OPERATION: Kenya is our Country of Domicile. YORTAT GROUP LIMITED controls Helpsoko from Kenya. If you use Helpsoko from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from Helpsoko in violation of any applicable laws or regulations.
- APPLICABLE LAW. The Laws of the Kenya shall govern the use of Helpsoko and the Terms of Use, without regards to conflict of laws principals. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in Kenya.
- PURCHASES. Helpsoko accepts payment by Mobile Money (M-Pesa, Airtel Money), Visa or Mastercard debit and credit cards for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regards to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of YORTAT GROUP LIMITED. All refunds will be made onto the original mode of payment.
- REPRESENTATIONS BY YOU. By visiting Helpsoko, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to YORTAT GROUP LIMITED through Helpsoko or for inclusion on Helpsoko will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor (under the age of 18) shall not register as a User of the website and shall not transact on or use the website.
- PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of Helpsoko for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on Helpsoko for any purpose other than for personal use, unless otherwise specifically authorized by YORTAT GROUP LIMITED to do so. The content and software on Helpsoko is the property of YORTAT GROUP LIMITED. The cardholder must retain a copy of transaction records and Merchant policies and rules.
- YOUR ACCOUNT. If you use helpsoko.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. Helpsoko shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
NO COMMERCIAL USE. Helpsoko may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain COMPANY’s prior written consent to make commercial offers of any kind on Helpsoko, whether by advertising, solicitations, links, or any other form of communication. YORTAT GROUP LIMITED will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from Helpsoko and barring such violators from use of Helpsoko.
LINKS AND SEARCH RESULTS. Helpsoko may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. YORTAT GROUP LIMITED has no control over these sites or the content within them. YORTAT GROUP LIMITED does not guarantee, represent or warrant that the content contained in Helpsoko is accurate, legal and/or inoffensive. YORTAT GROUP LIMITED does not endorse the content of any third-party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using Helpsoko to search for or link to another site, you agree and understand that you may not make any claim against YORTAT GROUP LIMITED for any damages or losses, whatsoever, resulting from your use of Helpsoko to obtain search results or to link to another site. If you have a problem with a link from Helpsoko, you may notify us at [email protected].
COPYRIGHT POLICY. YORTAT GROUP LIMITED may terminate the privileges of any user who uses Helpsoko to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information on Helpsoko, you warrant that the information does not infringe the copyrights or other rights of third parties.
INTELLECTUAL PROPERTY. Although YORTAT GROUP LIMITED is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through COMPANY’s system. The Online Materials are COMPANY’s intellectual property and are protected by U.S. and international intellectual property laws. The Online Materials may not be copied or redistributed either in whole or in part without prior written consent of COMPANY, except as expressly and specifically permitted under these Terms of Use.
The Online Materials are and will remain the exclusive property of COMPANY. All rights, titles and interests in and to the Online Materials will be and remain vested solely in COMPANY. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the online materials or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the online materials to create a product for resale or to use the online materials in any way that competes with COMPANY.
You acknowledge and agree that YORTAT GROUP LIMITED will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the online materials made by or for you. At COMPANY’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to YORTAT GROUP LIMITED or perfect these rights, titles or interests in COMPANY’s name.
DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. YORTAT GROUP LIMITED MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR HELPSOKO. YORTAT GROUP LIMITED ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH HELPSOKO BY ANY USER. YORTAT GROUP LIMITED SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE HELPSOKO, EVEN IF YORTAT GROUP LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF YORTAT GROUP LIMITED WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
VIOLATION OF TERMS OF USE. You understand and agree that in COMPANY’s sole discretion, and without prior notice, YORTAT GROUP LIMITED may terminate your access to Helpsoko, or exercise any other remedy available and remove any unauthorized user information, if COMPANY believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of COMPANY, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to YORTAT GROUP LIMITED for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. YORTAT GROUP LIMITED may release user information about you if required by law or subpoena.
INDEMNITY. You agree to indemnify and hold COMPANY, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of Helpsoko, including your use of Helpsoko to provide a link to another site or to upload content or other information to Helpsoko, or your breach of the Terms of Use.
LICENCE GRANTED TO YOU. By providing materials to COMPANY, including by submitting or uploading content or materials for use on Helpsoko you represent and warrant that you or the owner of all rights to such content or materials has expressly granted YORTAT GROUP LIMITED an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. YORTAT GROUP LIMITED may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against YORTAT GROUP LIMITED for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to COMPANY. Any communication or materials you send to YORTAT GROUP LIMITED will be treated as non- confidential and non-proprietary and may be disseminated or used by YORTAT GROUP LIMITED for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
ADVERTISING. Helpsoko may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on Helpsoko are accurate and comply with all applicable laws. YORTAT GROUP LIMITED is not responsible for the acts or omissions of any advertiser or sponsor.
Below is YORTAT GROUP LIMITED’s policy for Payments (“Policy”). This policy applies only to activities YORTAT GROUP LIMITED (“Company”) engages in on Helpsoko and/or its related mobile applications (“Helpsoko”) and does not apply to COMPANY activities that are “offline” or unrelated to the website. Any products or services that a user requests on Helpsoko are referred to as “Service(s)”.
MODES OF PAYMENT. Helpsoko accepts payment by Mobile Money (M-Pesa, Airtel Money) or through Visa or Mastercard debit and credit cards for its products and services. Services booked via Helpsoko are also governed by the terms and conditions of respective merchant service providers.
PAYING FOR SERVICES & PAYMENT DEDUCTION. Users are charged once our service partner has confirmed that the service has been delivered. The COMPANY will not seek the confirmation from the user that the service has been delivered before processing a payment.
PAYMENT CONFIRMATION. Helpsoko user will receive payment confirmation by email on the email address given at the time of order, through a notification sent in an app, or both. The confirmation will be sent after the payment has been processed as soon as practically possible.
PAYMENT REFUNDS. Should the COMPANY, based on the delivery confirmation of our service partner, charge a user whereas the service was in fact not delivered, the COMPANY will refund the full amount to the user. It is the responsibility of the User to bring such cases to the attention of the COMPANY by emailing [email protected] within 24 hours of the due date of the scheduled service.
Any other refunds including those listed above will be made as credits to the users registered account on helpsoko.com or onto the original mode of payment, as may be deemed appropriate by the COMPANY.
ADMINISTRATIVE CHARGES. Users who book services on Helpsoko can manage their Services through the website or mobile apps. It is possible to change the dates, time or the specific requirements of any given service, provided it is done so reasonably in advance before the start of the booked service.
Failure to provide sufficient notice when cancelling or changing services may result in administrative fees being charged to the user. These fees are governed by the Cancellations Policy and maybe amended from time to time.
By booking the services on Helpsoko you agree to abide by these policies and agree to pay any applicable charges. The COMPANY reserves the right to use any legal means it may have at its disposal to recover such charges or to deny further use of the Helpsoko’s Services to the user, as it may deem necessary.
Cancellations Policy
LATE CANCELLATIONS & CHANGES. For late cancellations or change requests (late is defined as less than 24 hours before the start of the service) or NO SHOWS;
Where a customer was not present to avail the scheduled service and as a consequence the service was not delivered. In such cases Administrative charges will apply. Such charges will depend on the type of service which was scheduled.
PAYMENT OF CHARGES. Any applicable administrative charges will be communicated to the Customer at the time when the request for cancellation or changes is made. Charges are deducted at the time of cancellation in case of a late cancellation and for late changes at the time of completion of the delivery of the service. Charges for No Shows are applied once the COMPANY is notified by its partner suppliers.
SEVERABILITY. If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Headings and section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.