These Terms and Conditions (hereinafter referred to as "Terms") govern access to and use of our website, mbokaman.com, and any related services (hereinafter referred to as the "Services"). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the Platform.

1. Definitions

"Platform" refers to the website, mobile applications, and any related tools operated under MBOKAMAN.

"Recruiter", "Contractor", or "Employer" means any individual, company, or agency that uses the Platform to search for, contact, or engage workers or employees.

"Worker", "Employee", or "Candidate" means any individual, company, or business that creates a profile, applies for opportunities, or is otherwise contacted through the Platform for potential work or employment.

"User" means any Recruiter, Worker, or other person who accesses or uses the Platform.

"Content" means any information, text, images, job listings, resumes/CVs, or other materials submitted, posted, or displayed on the Platform.

2. About the Platform

MBOKAMAN is an online platform that connects Recruiters, Contractors, and Employers with Workers and Candidates for the purpose of recruitment, hiring, and employment-related opportunities.

The Platform functions solely as a facilitator and meeting point between Recruiters, Contractors, Employers, and Workers. We do not act as an employer, recruitment or human resource agency, employment agent, or party to any employment or engagement relationship formed between Users.

3. Eligibility

To use the Platform, you must:

1. Be at least 18 years of age if within Kenyan jurisdiction, or the legal age of majority applicable in the jurisdiction where you reside if outside Kenya;
2. Have the legal capacity to enter into a binding agreement;
3. Provide accurate, current, and complete information during registration; and
4. Comply with all applicable local, state, national, and international laws and regulations.

4. Account Registration

Users may be required to create an account to access certain features of the Platform.

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

You agree to notify MBOKAMAN immediately of any unauthorized use of your account or any suspected compromise of your login credentials.

We reserve the right to suspend or terminate accounts that provide false, misleading, fraudulent, or otherwise unlawful information.

5. Recruiter, Contractor and Employer Obligations

Recruiters, Contractors, and Employers using the Platform agree to:

1. Post accurate and lawful job listings, free from discriminatory, misleading, or fraudulent content;
2. Comply with all applicable employment, labour, immigration, tax, and data protection laws relevant to any hire made through the Platform;
3. Independently conduct due diligence and verify the qualifications, identity, background, and eligibility to work of any Worker before making hiring decisions;
4. Not use the Platform to solicit unlawful, exploitative, or unpaid labour arrangements; and
5. Be solely responsible for the terms of employment or engagement offered to any Worker, including wages, benefits, contracts, and working conditions.

6. Worker and Candidate Obligations

Workers and Candidates using the Platform agree to:

1. Provide truthful and accurate information in their profile, resume/CV, and application materials;
2. Not misrepresent their qualifications, experience, certifications, or work eligibility;
3. Independently conduct due diligence and verify the legitimacy of any Recruiter, Contractor, Employer, or job opportunity before sharing personal information or accepting an offer; and
4. Exercise their own judgment and discretion when communicating with Recruiters, Contractors, and Employers or attending interviews, whether in person or online.

7. Role of the Platform

The Platform is a neutral venue that enables Recruiters and Workers to connect. We do not participate in, control, supervise, or guarantee the outcome of any interaction, negotiation, interview, hiring decision, or employment relationship between Users.

We do not verify, endorse, or guarantee the accuracy of any content posted by Recruiters or Workers, including job listings, resumes, qualifications, or company information, except where explicitly stated.

No employer employee, agency, partnership, or joint venture relationship is created between the Platform and any User as a result of using the Services.

8. Disclaimer of Liability Between Recruiters and Workers

MBOKAMAN serves solely as an intermediary platform to facilitate connections between Recruiters and Workers. We are not responsible or liable for any actions, disputes, damages, losses, or claims arising from or related to the relationship, communications, agreements, or transactions between a Recruiter and a Worker, including but not limited to:

1. Disputes over wages, payment, benefits, or terms of engagement;
2. Breach of contract, non-payment, or wrongful termination;
3. Misrepresentation of qualifications, job duties, or company information;
4. Workplace disputes, harassment, discrimination, or unsafe working conditions;
5. Failure to complete a hiring process or honour a job offer; and
6. Any harm, injury, financial loss, or damage suffered by either party as a result of their interaction, whether online or offline.

Users acknowledge and agree that any employment, contracting, or engagement relationship formed as a result of using the Platform is strictly between the Recruiter, Contractor, or Employer and the Worker. The Platform is not a party to, and assumes no responsibility for, such relationship or its outcome.

Users are solely responsible for conducting their own due diligence, including background checks, identity verification, reference checks, and legal compliance, before entering into any employment or engagement arrangement through the Platform.

To the fullest extent permitted by applicable law, MBOKAMAN, its owners, officers, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with any interaction, dispute, or agreement between Recruiters and Workers.

9. Intellectual Property

Users retain ownership of the Content they submit but grant the Platform a non-exclusive, worldwide, royalty-free licence to display, distribute, and use such Content for the purpose of operating and promoting the Services.

All Platform design, branding, logos, and software are the property of MBOKAMAN and may not be copied, reproduced, modified, distributed, or used without written permission.

10. Prohibited Conduct

Users shall not:

1. Post false, misleading, defamatory, or discriminatory content;
2. Use the Platform for any unlawful purpose, including human trafficking, forced labour, or exploitation;
3. Harvest or scrape data from the Platform without authorization;
4. Impersonate any person or entity;
5. Circumvent security features or interfere with the Platform's operation; or
6. Use the Platform to spam, harass, or solicit Users for unrelated commercial purposes.

11. Fees and Payment

Certain features of the Platform may require payment of fees, as described at the time of purchase.

Unless otherwise stated or required by applicable law, Platform fees are non-refundable.

The Platform is not responsible for any payments, wages, commissions, or fees owed directly between Recruiters and Workers.

12. Privacy

The use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, disclose, retain, and protect personal information.

13. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the accuracy, reliability, availability, or suitability of the Platform or any Content, job listings, or candidate profiles found on it.

14. Limitation of Liability

To the maximum extent permitted by law, MBOKAMAN shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from your use of, or inability to use, the Platform, even if advised of the possibility of such damages.

15. Indemnification

Users agree to indemnify, defend, and hold harmless MBOKAMAN, its owners, employees, and affiliates from any claims, damages, losses, liabilities, and expenses arising out of their use of the Platform, violation of these Terms, or disputes between Users.

16. Termination

MBOKAMAN reserves the right to suspend or terminate any User's access to the Platform at its discretion, with or without notice, for conduct that violates these Terms or is otherwise harmful to other Users or the Platform.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to these Terms or the use of the Platform shall first be attempted to be resolved through good-faith negotiation between the parties.

Nothing in this clause shall prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction in Kenya.

Users acknowledge that, in addition to these Terms, their use of the Platform, particularly with respect to recruitment and employment matters, shall be subject to applicable Kenyan legislation, including but not limited to the Employment Act, 2007, Labour Relations Act, Data Protection Act, 2019, Consumer Protection Act, 2012, and any other applicable law, as amended from time to time.

18. Changes to These Terms

MBOKAMAN may update these Terms from time to time. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. MBOKAMAN encourages Users to review this page periodically.