Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Embakasi33 Limited ("we", "us", "our", or "Embakasi33"), a company incorporated under the laws of Kenya, governing your access to and use of the website located at www.embakasi33.co.ke and all associated services (collectively, the "Platform").

By accessing, browsing, registering on, or submitting content to the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately discontinue use of the Platform.

Embakasi33 is a local business discovery and directory platform serving the Embakasi sub-county and surrounding areas of Nairobi, Kenya. Our Platform enables residents and visitors to discover local businesses, services, restaurants, and entertainment venues, and enables business owners to create and manage their listings.

Embakasi33 acts solely as an intermediary platform. We do not provide the goods or services listed on the Platform. We do not endorse, recommend, or guarantee the quality of any business listed, except where we have explicitly issued a "Verified" badge following our internal review process.

To use the Platform, you must:

• Be at least 18 years of age, or the age of majority in your jurisdiction if higher
• Have full legal capacity to enter into binding contracts under Kenyan law
• Not be prohibited from using the Platform by any applicable law or regulation
• Provide accurate, complete, and current information when creating an account or listing
• If registering on behalf of a business, be an authorised representative of that business

We reserve the right to refuse access, suspend, or terminate any account at our sole discretion, including where we have reason to believe that the eligibility requirements have not been met.

4.1 Listing Accuracy

Business owners are solely responsible for ensuring that all information in their listings — including business name, category, contact details, operating hours, location, and photographs — is accurate, up-to-date, and does not mislead consumers. Embakasi33 does not verify the accuracy of listing content unless an explicit "Verified" status has been granted.

4.2 Prohibited Listings

You may not submit listings for businesses that:

• Operate unlawfully or without required Kenyan business licences or county permits
• Sell counterfeit, pirated, or prohibited goods
• Engage in or facilitate illegal activities including fraud, money laundering, or human trafficking
• Promote hate speech, discrimination, or violence against any group
• Impersonate or misrepresent another business or individual

4.3 Verified Badge

The "Verified" badge indicates that Embakasi33 has conducted a reasonable review of the listing for completeness and basic legitimacy. It does not constitute a professional endorsement, audit, or guarantee of service quality. Verification may be withdrawn at any time if we discover inaccuracies.

4.4 Reviews and Ratings

User-submitted reviews must reflect genuine experiences. Fake, incentivised, or defamatory reviews are strictly prohibited. Embakasi33 reserves the right to remove any review that violates these Terms, without prior notice.

When using the Platform, you agree not to:

• Use the Platform for any unlawful purpose or in violation of any Kenyan law or regulation
• Harass, abuse, or harm another user, business owner, or Embakasi33 staff
• Attempt to gain unauthorised access to any part of the Platform, its servers, or databases
• Transmit viruses, malware, or any other malicious code
• Scrape, crawl, or otherwise extract data from the Platform without our prior written consent
• Use automated tools, bots, or scripts to interact with the Platform in an abusive manner
• Post or transmit unsolicited commercial messages (spam) to other users
• Engage in any activity that places an unreasonable load on our infrastructure

6.1 Our IP

The Embakasi33 name, logo, website design, user interface, and all original content produced by us are the exclusive property of Embakasi33 Limited and are protected under Kenyan and international copyright and trademark law. You may not reproduce, distribute, or create derivative works without our express written consent.

6.2 Your Content

By submitting content to the Platform — including business photos, descriptions, and reviews — you grant Embakasi33 a non-exclusive, royalty-free, worldwide licence to use, display, reproduce, and distribute that content in connection with operating and promoting the Platform. You retain ownership of your content and may request its removal at any time by contacting us.

You represent and warrant that you own or have the necessary rights to the content you submit, and that it does not infringe the intellectual property rights of any third party.

Basic business listings on Embakasi33 are currently offered free of charge. We may introduce paid listing tiers or promotional features in the future. Where fees apply, they will be clearly disclosed before you commit to any purchase.

All transactions processed through the Platform are conducted in Kenyan Shillings (KES) unless otherwise stated. Payments are subject to M-Pesa or card provider terms where applicable. Embakasi33 does not store card details; all payment processing is handled by accredited third-party payment service providers regulated by the Central Bank of Kenya.

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by Kenyan law, Embakasi33 disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Platform will be uninterrupted, error-free, or free from viruses
• Any business listed on the Platform is currently operating, reputable, or of satisfactory quality
• Information provided by business owners is accurate, complete, or current
• Reviews and ratings reflect genuine or typical customer experiences

Your use of the Platform and any interactions with businesses discovered through it are entirely at your own risk. We encourage users to exercise independent judgment, conduct their own due diligence, and verify business details before transacting.

To the maximum extent permitted under the Kenya Information and Communications Act, Cap 411A and other applicable laws, Embakasi33 shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or business opportunities — arising out of or in connection with your use of the Platform.

In no event shall our total aggregate liability to you exceed the greater of KES 5,000 or the total fees paid by you to Embakasi33 in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms shall exclude or limit liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under Kenyan law.

You may terminate your account at any time by contacting us at legal@embakasi33.co.ke. Upon termination, your listings and reviews may be removed from the Platform within 30 days.

Embakasi33 may suspend or terminate your access immediately and without prior notice if we believe you have violated these Terms, engaged in fraudulent or harmful conduct, or if we are required to do so by law. We will endeavour to notify you of the reason for termination unless prohibited by legal requirements.

Sections covering intellectual property, disclaimers, limitation of liability, and governing law shall survive the termination of these Terms.

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 arising from or in connection with these Terms shall first be submitted to good-faith negotiation between the parties. If unresolved within 30 days, the dispute shall be referred to mediation under the Nairobi Centre for International Arbitration (NCIA) rules. Should mediation fail, disputes shall be finally resolved by the courts of competent jurisdiction in Nairobi, Kenya.

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

If you have questions about these Terms, wish to report a violation, or need to exercise your rights, please contact our legal team:

We aim to respond to all legal enquiries within 5 business days.